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Minutes-PC 1986/12/08~,- -.• ; .~ ~ ; i 'i REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION REGULAR MEETING The cegular meeting of the Anaheim City Planning Commission was called to otder by Chairman McBUrney at 10:00 a.m., Decembec 8, 1986, in the Council Chambec, a quorum being pcesent, and the Commission ceviewed Qlans of ~ the items on today's agenda. RECESS: 11:30 a.m. RECONVENED: 1:35 o.m. PRESENT: Chaitman: McBUrney Commissioners: Bouas, Fcy, Herbst, La Claire, Lawicki, Messe ABSENT: Commissioners: none ALSO PRESENT: Annika Santalahti Malcolm Slaughter Jay Titus Paul Singer Deborah Vagts Debbie Fank Greg Hastings Leonard McGhee Edith Harcis Assistant Director for 2oning Deputy City Attorney Office Engineer Tcaffic Enginee~ Housing Opecations Coordinator Assistant Ttaffic Engineer Associate Planner Associate Planner Planning Commission Secretary APPROVAL OF MINUTES - Commissioner Hetbst offered a motion, seconded by Commissionec Lawicki and MOTION CARRIED that the minutes cf the meeting of November 10, 1986, be apptoved as submitted. ITEM N0. 1 EIR NEGATIVE DECLARATION WAIVER QF CODE REQUIREMEt7T AND CONDITIONAL USE PERMIT NO. 2847 PUBLIC HEARING. OWNERS: JOSEPi~ N. AND JALEH J. MAKABI AND HOURIE HOURIANI~ 3333 W. Ball Road, Anaheim, CA 92802. AGENT: HUGO VA2QUEZ, 2240 W. Lincoln Avenue, Anaheim, CA 92802. Property described as a rectangularly-shaped parcel of land consisting of appro:cimately 0.74 acce, 3333 West Ball Road. To construct a 94-bed skilled nursing facility with waivers of (a) minimum landscaped setback, (b) maximum structural height and (c) minimum side yatd setba~k. Continued fcom the meetings of October 13 and November 10, 1986. Thece were twelve persons indicating their presence in opposition to subject cequest and although the staff report was not read, it is refeceed to and made a patt of the minutes. Hugo Vazquez, agent, explained this cequest i~ for a 94-bed convalescent home and that the basic concern is with the rear of the pcopecty with an intrusion of privacy into other people's backyards and it was suggested that the rear 86-~96 12/8/86 86-797 MINUTES ANAHEIM CITY PLANNING COMMISSION DECEMBER 8 1986 portion of the building be removed or be tieted so as not to create as lacge an impact as seen at the present time. He stated he did [eview the plans with the neighbors and they would tather not have a convalescent home on this property; and that multiple-family units were discussed with no windows on that side of the property, located at a minimum distance of 50 feet fcom the property line, but. then the neighbors decided a hospital would be a much nic~r use than multiple-family units. He stated he has not yet had an opportunity to redesign the plans and review them with the neighbors since the atchitect owns the plans and has not been available. He stated it is his intention to tone-down the rear of the property and requested a two-week continuance in order to cedesign the project and to meet witr. the neighbors. He stated the revised plans would not have any vaciances, so thece would not be anything to be ceadvertised. Chaicman McBUrney stated before a continuance is granted, he felt the neighbors should be given the opportunity to voice their concerns and pointed out a continuance would have to be for four weeks since it is not expected there will be a quorum for the December 22nd meeting. June Lenc, 3312 W. Glen Holly, Anaheim, stated the developer cancelled two meetings on the same day they wece scheduled, but the neighbors did meet with him once and are available and want to come to a reasonable decision. She stated there are seven convalescent homes in the aeea and they ace all one story; and that she realizes they have a problem in developing this property. She added she thought thece was a requirement for a 150-foot setback for a two-story structure. Donald McGiff, Jr., 3303 W. Glen Holly, stated his property is not directly affected by this development, but he has been in the neighborhood for thirty years and the area means a lot to him and his neighbors and the original intended use of the pcoperty is for ~esidential uses and if this propecty is developed with a commeccial use, thece is a possibility of the development of the large parcel of propetty ad;acent to the north, which is currently a nursery, and this would set the precedent for futther commercial development. He stated thete is already some commetcial development on Ball Road and Western and also there are multiple~story p=ojects and they would hate to see fucther intrusion into the residential area of what might be considered commercial developments. George Brott, 33~6 W. Glen Holly, stated he has been a tesident there for thirty years and presented a letter signed by neighbors immediately adjacent to the property on Deerwood and Westvale who sttongly object to anything other than low-density, single-story homes. He stated he did not think it is necessaty to continue this matter and the decision should be made. He stated that property is not conducive to any two-story development and the people who bought the propetty originally bought it for an investment but they shauld not make a profit at their neighbor's expense. He stated there is a three-story retirement home in their area fo~ seniors, but the rest of the convalescent homes are sin9le story. He stated when the Anaheim Genetal Hospital goes out of business, it will be available as a 99-bed convalescent hospital. He suggested if this project is desired, that it could be placed on the property currently being proposed fot the jail near the stadium. He stated they have enough convalescent homes in theit area and agreed thete is iZ~8/66 but they MINUTES, ANAHEIM CITY PLANNING COMMISSION, DECEMBER 8, 1986 86-798 should not all be concentrated into one acea. He stated they want to keep their area single-family residential and do not want any more inconvenience for their neighbors such as the sirens going up and down Ball Road like they have now with the other convalescent homes in the area. Mr. Brott stated Mr. Vazquez offeced an alternative for either a convalescent home or an apartment complex and they do not want either. Denise Robects, 3332 Glen Holly, stated that the whole neighborhood feels very strongly about this project a~zd tnat she agrees with what hee neighbors have said. Mr. Vazquez stated this property faces Ball Road so there would not be a traffic impact on the residential streets. He stated he believes the neighbors' major concern related to the rear of the property where patients in the convalescent home might be able to look out into their backyards. He pointed out there is a 3-story building (Eden Roc) which is less than 50 feet from single-family homes and it has not decreased the property values and has been there for thtee years. THE PUBLIC HEARING WAS CLOSED. Commissioner Herbst stated this matter was continued two months ago in order for the developer to meet with the neighbors and he thought that was ample time to revise the plans. He stated he did not want to keep bringing the neighbors back because this developer cannot get his plans together. He stated he was not sure this is the right place foc a convalescent home anyway, recognizing that it is a difficult parcel to develop, but that a multiple-story development would impact the neighborhood. Chairman McBUrney stated the developer should be given the opportunity to correct the plans to see if the neighbors are in favor. Commissioner Bouas stated they cannot expect single-family homes to be developed there, even though that is what they want. Commissioner Messe stated he would like to see what the developer can provide and Commissioner He~bst stated he would want to see a single-story development. Hugo Vazquez stated he could build a 3-story office buildin9 without a public hearing in the commercial zone. He stated the neighborhood is undec the impression that the structure has to be 150 feet away because they are single-family residential, but with an institutional use, that does not apply. Leonard McGhee stated Section 18.21 ~elating to maximum structural height does refer to institutional buildings and the height is not to exceed one-half the distance from the structure to the boundary and at three different paints, the height would be 2 feet, 4 feet and 25 feet maximum. Hugo Vazquez stated they could meet that ordinance, but the 150-foot setback for 2 stories wuuld be a much largec impact. 12/8/86 MINUTES, ANAHEIM CITY PLANNING COMMISSION, DECEMBER 8~ 1986 86-799 ACTION: Commissioner Messe offeced a motion, seconded by Commissioner Bouas and MOTION CARRIED (Commissioner Hetbst voting no? that consideration of the aforementioned matter be continued to the regularly-scheduled meeting of Janua~~~ 5, 1987. Commissioner La Claire suggested this be the ficst item on the aoenda. Leonard McGhee stated revised plans would have to be submitted by December lOth in order to readvertise any additiona~ waivets. Commissioner Messe changed his motion for the continuance from January 5, 1987, to January 19, 1987, seconded by Commissioner Bouas and motion carried. Commissionet Bouas clarified that the developer will meet with the property owners and suggested he not cancel the meeting. ITEM NO. 2 EIR NEGATIVE DECLAR.ATION AND VARIANCE N0. 3597 PUBLIC HEARING. OWNERS: HUGO A. VAZQUEZ AND TAK WATANABE, 2240 W. Lincoln Avenue, Anaheim, CA 92801. Pcnperty described as a rectangulacly-shaped parcel of land consistin9 of approximately 6,695 square feet, 202 South Olive Stceet. Waivers of (a) maximum structur.al heiyht (deleted), (b) maximum site coverage (deleted), (c) minimum cecreational-leisute areas (deletedl, (d) minimum area of private recreational-leisure areas and (e) minimum width of pedestrian accessways to construct a 2-story, 4-unit apartment building. Continued from the meetings of September 15, October 13, 27 and November 10, 1986. ihere were two people indicating their presence in opposition to subject request and although the staEf ceport ~as not read; it is ceferred to and made a part of the minutes. Hugo Vazquez, agent, explained originally this was designed as a 5-unit apartment complex, but they have gone through about four different designs on this property and the neighborhood would like to keep the "victori,an" look. He stated they are now proposing 4 units and would like apptoval based on conditions to work out details of cosmetic changes which do not affect the approval of the project. Donna Serry, 511 E. Broadway, stated the neighbors have designated hec as Chaicwoman of the Neighborhood Area Committee (NAC) and they had a meeting with Mr. Vazquez on October 13th and made recommendations signed by the 15 members in attendance. She stated she has been meeting with Mr. Vazquez or~ a regular basis and the objections to the design have nothing to do with the Code and are cosmetic problems which aee easily resolved and in keeping with the historical district and nature of the neighborhood. She stated they strongly objected to this being a 5-unit apartment project and would prefer to have only three units. She stated they completely disagree with the plans displayed and khere are a few small changes they would like to see on the new plans. She stated they object to the circular driveway which has been eliminated on the new plans. 12/8/86 86-800 MINUTES, ANAHEIM CITY PLANNING COMMISSION, DECEMBER 8, 1986 Ms. Berry pre5ented a list of objections and concerns to the Commission for their review from the NAC. She stated they are opposed to the waivers, especially in the downtown resident:a'_ area, which they feel is alzeady overcrowded and congested. Mc. Vazquez stated he has no prob~em meeting the concecns of the neighborhood group rega[ding design and materials and stated the group is agreeable to four units, even though their list indicates they are agreeable to three units. He stated they want the recreation coom eliminated and that ~ould create a waive[ and he hoped that has been legally advertised; and they do not want a driveway on Olive, but if they do not have a driveway, a variance would be necessary to access from the alley. Mr. Vazquez stated he submitted revised plans to staff over a month ago, but they wece not submitted in time to get to today's meeting. Commissioner Hecbst asked if the plans displayed ace the olans reviewed by the neighbors. Mr. Vazquez responded the plans submitted to staff. were reviewed by the neighbors and the conditions ace tied to those plans. He stated the plans which Ms. Berry has are the latest plans whicb were submitted to staff. Leonard McGhee stated the plans submitted were supposed to be in conformance with the Neighborhood Area Committee's recommendation; however, it was determined by staff that additional waivecs were required and they had asked Mc. Vazquez if he wanted those waivers adve[tised and there was no response, and then about two weeks ago, staff asked Mr. Vazquez again if he wanted to continue with the plans which do not require readvertisement and those ate the plans for four units which ace currently being reviewed by the Commission and they do not meet with the recommendations on the list supplied by Ms. Berry. Responding to Commissioner Bouas, Mr. Vazquez stated the circular dtiveway is not on the plans. Commissioriec La Claire stated ~vidently there are three or four sets cf plans on this pzoperty; and that she received some phone calls objectin9 to the circular driveway and the plans in front of the Commission do not show a circulat driveway. Mr. Vazquez pointed out the access and different aspects of the project on the displayed exhibit. He explained there would be eight parking spaces on the alley with two pa~king spaces Erom the front. He stated the neighbors do not want the driveway off Olive which would require an additional waiver. THE PU:4LIC HEARING WAS CLOSEB. Leonard McGhee stated there are some problems with continuances and numerous plans being submitted and keeping track of them and staff would tecommend a decision be made on the 4-unit apartment ptoject suhmitted today and then if there is a new project which meets all the cecommendations, it can be processed from that point. Jay Titus responded to Commissioner Fry that Olive Street is to be 65 feet wide to Lincoln and there is a condition fot a 32-foot dedicati::n on this project. 12f 8/86 MINUTES ANAHEIM CITY PLANNING COMMISSION DECEMBER 6 1986 86-801 Commissioner Fry stated with the number of 50-foot lots on that one block of Olive Street, there could be a potential of 56 units and that is becoming a heavy traffic area and more units means more cars patked on Olive Street and he felt this w~uld be the beginning of impacting the area which will not end. Hugo Vazquez stated 688 oi the lots on Olive Street between Broadway and Lincoln are owned by the Redevelopment Agency of anaheim. Commissioner La Claire stated the acea is zoned RM-1200 and this project meets Code and only has one vaciance pertaining to the minimum width of the pedestrian accessways and since it is zoned RM-1200, there will be RM-1200 projects proposed. Commissioner Bouas noted th~ Redevelopment Commission recommended denial of the 5-unit project. Debbie Vagts, Housing Operations Coordinator, stated the Rede~elopment Agency just wanted to be sure the neiyhborhood saw the plans and approved them and the neighborhood g~oup has approved the 4 units. Tom Car~uthers, Propertp Services Managec, Redevelopment Agency, stated Mr. Vazquez has submitted a letter to the Redevelopmenc Agency requesting they purchase this peopecty and tnat all the various plans have been introduced to the NAC and PAC Committees and both committees have rejected those plans for parkir.? and cosmetic ceasons. He stated NAC objected to 5 units, but did accept 4 units, but object~d to the patking. Commissioner La Claire stated the 4-unit apattment complex meets the parking requirements. She stated this project is only 2 stories and meets all the Codes except the one variance relating to the width of pedestcian accessway. Leonard McGhee explained the waiver applies to the staicway and walkway on the south side of the property. Mr. Vazquez stated this is a unique requirement which does not always get called out foc a variance and that the staicway needs to be 8 feet wide and they have built other complexes•with a 4-foot wide accessway. Mc. McGhee stated it refers to the pcimary wa.lkways fcom pa~king areas and there is parking in the rear and f*ont and that it is a technical waiver. Commissioner Bouas stated staff has recommended that Commission act on this request today. Hugo Vazquez stated he would like an action today with co.^.ditic~~as to work out the other problems. Commissioner Herbst stated he would like to see the plans. ACTION: Commissioner Herbst offered a motion, seconded by Commissioner La Claite an~1 MOTION CARRIED that consideration of the afocementioned matter be continue~ to the cegularly-scheduled meeting of January 19, 1987. Commissioner La Claire stated she is getting a little tired of seeing developers submit incomplete plans and then submitting revi.sed plans and she does not want to see these plans until the neighborhood committee has approved them and she wants to see the plans aftec they are completed. She pointed out the property is zoned RM-1200, and stated the neighbors will not be ~enotified of the continued heacing and those interested should call the Planning Depattment on the 19th to make suce it is scheduled. 12/6/So MINUTES ANAHEIt4 CITY PLANNING COMMZSSION, DECEMBER 8, 1986 86-602 ITEM N0. 3 EIR NEGATIVE DECLARATION RECLASSIFICATION NO. 86-87-14 AND VARIANCE NO. 3611(READVERTISED) PUSLIC HEARING. OWNERS: HUGU P.. VAZQUEZ, ET AL, 2240 W. Lincoln Avenue, Anaheim, CA 92801. Property described as a rectangularly-shaped (landlocked) parcel of land consisting of approximately 0.76 acres on the south side of Lincoln Avenue, approRimately 532 feet east of the centerline of Brookhurst Street and futther described as 2240 West Lincoln Avenue. CL to RM-1200. Waivers of (a) required lot frontage, (b) minimum site area pec dwelling unit, (c) maximum building height, and (d) maximum site coverage to construct a 3-story, 3S-unit affordable apartment complex. Continued from the meetings of Uctober 27 and November 10, 1986. There was one person indicating his presence in opposition to subject request and although the staff report was not read, it is refecced to and made a pact of the minutes. Hugo Va2quez, owner, stated this project was brought before the Commission about one month ago and was continued in ocder to be readvertised properly. Allie Van Horn, 2256 W. Lincoln, stated she is representing the ownecs of the property next door and they are opposed to this request because this would be a family project and this is not a safe area for Eamilies. She referred to a motel (Safari) which has a bad reputation; and that the complex she represents has had break-ins, bucglaries, etc. which ha~:a been tcaced by the Police Department to that motel. She added thece have been complaints in the area about prostitution and stated there is a facility on the front of this property which was previously the Safari Lounge which is closed now, but could be reopened, an~ that would not be desirable for a family complex. She stated thece ate many apattnent complexes in that area and some have families with children which rent from ~400 per month to ~700 per month, depending on the apartment, and there is no need for more complexes in that area. Mc. Vazquez stated they just purchased the gropetty and it was a trashy location and they have done their best to clean it up and now have a full-time manager living in the motel. He explained they have no intention of keeping the motel and their office is located where the restaucant used to be and his =ntire family wocks there and has been thece since Decembec 1985. He explained again the hotel would be eliminated in June of 1967. THE PUBLIC HEARING WAS CLOSED. Commissioner Lawicki asked the plans fot the building currently being used as an office. Mr. Vazquez stated they p?an to build multiple-family housin9 and in the future will consider renovatin9 that building completely and possibly making a portion of it as a club house for the apartments. 12/8/86 MINUTES, ANAHEIM CITY PLANNING COMMISSION, DECEMBER 8, 1986 86-803 Responding to Commissioner Bouas, Mr. Vazquez stated they have an approval for a 46-unit apart~ent building next door with a shared driveway and it will work if this is approved today. He stated they want to keep ic at grade level because it is surrounded by multiple-family apartments. Commissioner Herbst asked if all the requirements have Geen met for the afiordable unics. Debbie Vacts, Housing Operations Coordinator, stated Housing has an executed lettec of understanding for seven, 2-bedroom units at $536 per month for ten years. Commissioner Herbst stated he wants the agreement for 20 yeazs. Commissioner La Claire stated she would like to see some projects at the other end of the scale for affordable because ~538 per month is not really afferdable. Debbie Vagts stated the density bonus law ceads ~:hat the developer can offer 258 affordable to 808 or 108 affordable to 508 of the median income and the 508 for 2-bedroom rents would be ~414 per month which is certainly more affordable. Hugo Vazquez stated he would be more agreeable at offering 10~ to 50B of median. Commissioner La Claire stated the Commission needs to look at the stcucture for the affordability. ACTION: Ccmmissionec Herbst offered a motio~i, seconded by Commissioner Bouas ~n,'. MOTION CARRIED that the Anaheim City Planning Commi~sion has ceviewed the ~~~<•~osal to :eclassify the northerly 178 feet of subject property from CL (COmmercial, Limited) Zone L•o RM-1200 (Residential, Multiple-Family) Zone to constcuct a 3-story, 34-unit affordable apartment complex under authority of State Government Code Section 65915 with waivers requi~ed lot ftontage, minimum side area per dwelling unit, maximum building height and maximum site coverage on a rectangularly-shaped parcel of land consisting of approximately 0.76 acres on the south side of Lincoln Avenue and further described as 2240 W. Lincoln Avenue; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration togethet with any comments received during the public review process and further 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 enviconment. Commissionec Herbst offered Resolution No. PC86-298 and moved for its passaqe and adoption that the Anaheim Ciky Planning Commission does hereby grant Reclassification No. 86-87-14, subject to Interdepartmental Committee REcommendations. On roll call, the foregoing resolution was passed by the following vote: AYES: BOUAS~ FRY, HERBST~ LA CLAIRE, LAWICKI, D1C BURNEY~ MESSE NOES: NONE ~BSENT: NONE Commissioner Herbst offered Resolution No. PC86-299 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby gcant Variancc No. 3611 on the basis that there are special citcumstances applicable to the property such as size, shape, topography, l~cation and surroundings 12/8/86 MINDTES, ANAHEIM CIT° PLANNING COMMIS~IQN, DECEMBER 8 ~ 1986 86-804 which do not apply to other identically zoned property in the same vicinity; and that strict application of the 2oning Code deprives the property of privileges enjoyed by ot5er properties in the identical zone and classification in the vicinity and subject to Interdepartmental C~mmittee recommendations. On roll call, the focegoing resolution was passed by the fol.lowing vote: AYES: SOUAS, FRY~ HERBST, LA CLAIRE~ LAWICKI, MC BURNEY~ MESSE NOES: NONE ABSENT: NQNE Malcolm Slaughtet, Deputy City Attorney, presented the written tight to appeal the Planning Commission's decision within 22 days to the City Council. ITEM N0. 4 EIR NEGATIVE DECLARATION~ WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT NO. 2859~READV.) AND WAIVER OF COUNCIL POLICY N0. 543 PUBLIC HEARING. OWNERS: RICHARD H. PEBLEY AND FLORENCE M. PEBLEY~ 32100 Auld Road, Winchesier, CA 92396. AGENT: HUGO A. VAZ4UEZ, 2240 W. Lincoln Avenue, Anaheim, CA 92805. Pcoperty is described as a cectangularly-shaped paccel of land consisting of approximately 0.35 acre located at the southeast cornec of Philadelphia Street and Broadway Street. To permit a 4-story, 20-unit senioc citizen 'aEfordable' apartment/congregate care facility in conjunction with on-sale alcoholic beverages in a proposed restaurant with waivers of minimum building site area per duelling unit, maximum site coverage and minimum structural setback and yar.d requirements. Continued from the meetings of November 10 and 24, 1986. There were four persons indicating their psesence in opposition to subject request and although the staff report was nut read, it is referred to and made a pazt of the minutes. Hugo Vazquez, agent, presented a colored rei~dering of the proposed project and explained this project would help rejuvenate the a~Ea and explained it is adjacent to a lawyer's office, opposite the church, and across from the new theater. He stated notmally a congregate care facility would have a minimum of 100 units in order to make it work. He stated in this location they ate able to propose a restaurant, even though it is a small cafe type facility, noting thece is a need in this area for a restaucant and this will briag people into the downtown area and this restaurant would attract people into the senior citizen's lives who would be living in the facility and make them feel they are still a part of active society. He stated by the year 2000 the number of senior citizens will have increased by 1508 and there is a teal need for senior housing. Keith Pepper, 817 N. Lemon Steeet, stated everyone here is concerned with improving the downtown area and recognizes there is a need for senior citizen housing; and that a restaurant acress from the Freedman Forum is a good idea, but combining the two uses on this small property is not a good idea and also, 12/S/86 MINUTES, ANAHEIM CITY PLANNING CONMISSION, DECEMBBR 8~ 1_986 86-805 there would be a lot of noise from the restaurant use which could be disruptive for the senior citizens living in the facility. He stated the site coverage proposed would heavily impact the area. Donna Berry, 511 E. 9roadway, Anaheim, stated a restaurant would be a boom in that a~ea because of all the offices being planned and the increased traffic and there is definitely the need. She stated the proposed dual use, however, would present a small, cramped, sandwich/hamburger joint type restaurant or a cafeteria annex for the senior citizens who would be quartered in small apartments upstairs, and she would like to see one or the other, but not both. Max Wills stated his father owns property on Philadelphia and he owns property on Broadway and he agreed this proposal would be a problem because parking already is a problem on Philadelphia Street and Mith the combination of the restaurant and senior citizen facility, the problems wo~ld be increased. H~ stated there is a restau~ant proposed ir. the theater so he did not see a need fot a restaurant right across the street. He stated he is for the senioc citizen housing except for the height tequest. Hugo Vazquez stated the proposed units are larger than other units being provided for senior citizens and this complex will have an elevator which is very expensive. He stated they want to create a landmar.k at this location and this will not be an institutional-type use. He explained they are looking for active seniors for this complex who might have to have occasional care. He stated they have designed the project to blend in with Fred Hunter's development and Faye Reardon's property which a~e adjacent and this project does fit because of its surcoundings and because of the theater which is the main issue because people from the theater and the church would use the restaurant. He stated this will be a high quality restaucan~. with a mezzanine above so senior citizens can look down fcom above and see that they are still a part of society. THE PUBLIC HEARING WAS CLOSED. Responding to Commissioner Bouas, Mr. Vazquez stated depending on services, these tenants would pay from ~345 per month for affordable units up to $700 per month. He explained they will have maid secvice and a mini-bus will be provided with the events coordinated by the management of the facility; however, the food service would be extra. Commissionec Bouas stated it appears the developer is really looking to the on-sale alcoholic beverage license to carcy the project. Commissioner. eouas asked if the senior citizen project really needs on-sale alcoholic beverages. Mr. Vazquez stated seniots will have an eating area above the regulaz cestaurant; othecwise, he would agree thece would be no need for the alcoholic beverages. Commissioner La Claire stated the proposal is foc a mixe~ use and it is hard to classify, but in this acea there is the City Hall, an office building, a theater, etc., now the congtegate care facility is proposed which is over a restaurant which secves alcoholic beverages. She stated the ptopeity is only 131 feet by 114 feet. 12/8/86 MINUTES ANAHEIM CITY PLANNING COMMISSION DECEMSER 8 1986 86-806 Mr. Vazquez stated there is a 10-stoty, 75 ,~it senioz citizen complex project just one block north which is on a half-a~ e paccel. Commissioner La Claire stated there is a parking stcucture next door tu that pcoject and it doesn't have a restaurant inside with on-sale alcohol bevecages. She suggested the pcoject should be either for seniot citizens or for a restaurant. She added she thougiit a restaurant wauld be very suitable in that location and suggested a restaurant similar to 'Thee White House'. Commissioner Hecbst asked why the plans do not reflect what is shown on the water color rendering. Mr. Vazquez stated the watercolot rendering becomes a part of the conditions and the project would be developed acco~~ing to that cendering. Commissioner Herbst stated some of Mt. Vzzquez's projects have not ended up looking anything like the cendecings pcesented at the Commission meetings. Mi. Vazquez stated all his projects have conformed to the plans and color renderings. Commissioner La Claire stated the second variance zequested for maximum site coverage is the problem. She stated she would be willing to consider the use, but this proposal is just too big for this propecty and too much is being crowded on this site. Mr. Vazquez Gtated the problem is not the price of tne property, but he is trying to provide lacger units; however, he could bring back a plan with smaller units. He added he felt the response fram the Commission is to pcopose a 12-unit apactment project on this site, unless he takes the project on to the City Council for their consideration. Commissioner Bouas asked how much parking would be required foc the restaurant and regular apactments. Mr. Vazquez responded he could not propose apartments with the proposed restaurant. Responding to Commissioner Herbst, Mr. Vazquez stated the food service would cost approximately ~200 per month, so the total package for tent on an affordable unit with food service would be $545 per month, which is still undet market range. Commi~sioner Hecbst statad he has no problem with the senior citizen complex, but does have a problem with the restaurant open to the public and did not think it fits and there is not adequate coom fot the entire project. He stated the impact from the restaucant would be heavy ai~d added he recognizes senior citizens do not need as much patking. He stated food service is needed for the senior citizens, but bringin9 in the public would cause parking problems on the stceets in the area. Mr. Vazquez stated they expect to attract mostly walk-up traffic generated from the church and the theater and those people would alceady be parked in the acea. Commissione[ Hetbst stated the dual uses do not fit and asked if Mr. Vazquez would like a vote or a continuance in order to redesign the project. Mr. Vazquez stated he has faith in the project and would like to go ahead with a vote today. He stated he has met with the neighbors and local businessmen who support it, one being a Councilmember who stands completely behind the project. ACTION: Commissioner Hecbst of£ered a motion, seconded by Commissioner Lawicki and t40TI0N CARRIED that the Anaheim City Planning Commissiun has reviewed the proposal to construct a 4-story, 20-unit senior12~8~86n MINUTES ANAHEZM CITY PLANNING COMMISSION DECEMBER 8, 1986 86-807 affordable apartment complex/congregate cace facility with on-sale alcoholic beverages in a proposed cestaucant ~ith waivers of minimum building site area per dwelling unit, maximum site coverage, minimum structural setback and yatd requitements on a reccangula~ly-shaped parcel of land consisting of apptoximately 0.35 acre located at the southeast corner of Philadelphia and Broadway and furthec described as 302 thtough 306 East Btoadway; and does hereby approve the Negative D2claration upon finding that it !ias considered the Negative Declatation together with any comments received during the public review process and further 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 Herbst offered a motion, seconded by Commissioner Fcy and MOTIOtd CAFRZED that the Anaheim Cit:+ Planning Commission does hereby deny waiver of Code requirement on the basis that thEre are no special circumstances applicable to the pcoperty such as size, shape, topography, location and surcoundings which do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning Code does not deprive t.he property of privileges enjoyed by other properties in the identical zone and classification in the vicinity. Commissioner Herbst offered Resolution No. PC86-300 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby deny Conditional Use Permit No. 2859 on the basis that the preposed dual uses would not be compatible and would create an adverse increase in tcaffic and patking problems in the area. On roll call, the foregoing resolution was passed by the following vote: AYES: BOUAS, FRY~ HERBST, LA CLAIRE~ LAWICKI~ MC BURNEY, MESSE NOES: NONE ABSENT: NONE Commissioner Hecbst offered a motion, seconded by Commissionec Lawicki and MOTIGN CARRIED that the Anaheim City Planning Commission does hereby recommend that t~he City Council deny request for approval of City Council Policy No. 543 pertaining to density bonus. Malcolm Slaughter, Deputy City Attorney, pcesented the w[itten tight to appeal the Planning Commission's decision within 22 days to the City Council. Commissioner Messe left the meeting and did not return. RECESSED: 3:15 p.m. RECONVENED: 3:30 p.m. 12/8/86 MINUTES ANAHEIM CITY PLANNING COMMISSION DECEMBER 8 1986 66-808 THE FOLLOWING ACTION WAS TAKEN AT THE BEGINNING OF THE MEETING. 22 ITEM NO. 5 EIR NEGAT1v~ uc~t,nxnriviv ta~.,.,.., ~ ....•--- ---- ---- (READV.) RECLASSZFICATION NO. 86-87-13 (REAPV.) VARIANCE N0. 3607 (READV.)AND REQIIEST FOR CITY COUNCIL REVIEW OE Sc AND Sd PUBLIC HEARING. OWNERS: JAFAR JAHANPANAH, 520 N. Rexfotd Drive, Beveely Hills, CA 90210. AGENT: MAGDY HANNA, 4000 MacArthur Boulevard, Newport Beach, CA 92660. Property described as a rectangularly-shaped paccel of land consisting of apptoximately 1.35 acres, 1585 West Katella Avenue. To consider an amendment to the Land Use Element oi the General Plan, proposing a redesignation from the current commercial pcofessional designation to a designation of either medium density residential, low-medium density [esidential or low density residential. RS-10,000 to RM-1200 or a less intense zone. Waivers of maximum stcuctural height to construct a 47-unit apartment com;'.~lex. Continued fcom the meetings of October 27 and November 10, 1986. Leonard McGhee, Associate Planner, explained the applicant has submitted a letter cequesting that subject petition be withdrawn. ACTION: Commissioner Herbst offPced a motion, seconded by Commissioner Bouas and MOTION CAR~IED that petitions for General Plan Amendment No. 222, Reclassification No. 86-87-13 and Variance No. 3607 be withdcaw~ at the petitionet's requ~st. ITEM N0. 6 EIR NEGATIVE DECLARATION RECLASSIFICATION N0. 86-87-12(READV.) PUBLIC HEARING. OWNERS: 2000 DEVELOPERS, INC., 1850 17th St~eet, $115, Santa Ana, CA 92701. A~ENTS: IRAJ EFTEKHARI, 1650 17th Street, #113, Santa Ana, CA 92701. Property described as an icregularly-shaped patcel of land consisting of approximately 0.66 acres located at the southweste~ly cocner of Elm Street and Helena Street, 402, 415 and A19 South Helena Street. CO to RM-1200 ot a less intense zone. Waivers of (a) maximum structu~al height and (b) maximum site coverage to construct a 3-story, 22-unit apactment complex. Continued from the meetings of September 29 and October 27 and November 24, 1986. There was one person indicating her presence in opposition to subject tequest and although the staff report was not read, it is refetred to and made a part of the minutes. 12/8/86 MINUTES ANAHEIM CITY PLANNING COMMISSIOH DECEMBER 8 1986 86-809 Lorren Bell, 2520 S. Faicview, Santa Ana, explained they are requesting less density and feel this project will be an improvement and explained there is no pacallel patking proposed and that the parking spaces do meet Code requirem?nts. He stated he thought the requirement for waivee of maximum site covecage results fcom the Code change in the definition of a story; and that initially the project had about 508 subterranean parking and in order to present a better parking a[rangement and eliminate the parallel parking, they brought it up to grade level, but nuw it appears the courtyard does not come under the definition of open area. He stated i.nitially the height was 27 fee*_ S inches and now the height is 29 feet 9 inches. He stated in January o~ this year, a five-story office building was approved on this site and they did not feel that would be the best use of the property because of othee office buildings being developed in the acea, but feel there will be quite a naed foc better apartments in that area. June McIntyre, 917 W. Sycamore Street, stated they own a building (DOn McIntyre Photogtaphy), in the Melmac Center and she is opposed to this request; however, could change her opinion if things are explained really well. She suggested there be a meeting of interested people with the developer to really discuss this pcoject. She stated she feels the developer is missing the point of development in the area. She stated she is not opposed to growth and would like the "platinum triangle' to be in downtown Anaheim and would like to see the area developed in that direction and not towacds apartment units and she felt they do not belong in this area. Ms. McIntyre stated she is working with Santa Barbara Savings and Loan and with First Interstate, but that all takes time and also, she is trying to work with Meyer Corporation and Wells Fargo, but is not prepared to bring their atguments before the Commission today and would like more time. She stated this development would establish a pcecedent in that area and would be starting too small, too early. She stated the existino apartments which were built about three years ago are already falling apart and are not beina maintained and the existing businesses are suffering from what is goinq on and are bein9 vandalized by children in the acea, etc. and stated they would rather have a vacant lot than aparr.ment units at the present time. She stated the Planning Commission wants the highest and best use for the land and they do not want to put a hardsh±p on anyone, but she sees no hardship in this instance because the owners purchased the property with full knowledge of the intended use of the land and she thought it could be developed in a better fashion by either adding more land and building something ptestigious ot just holding the piopecty to be developed in the future. Mr. Bell stated the General Plan calls foc medium density residential land uses and regarding the vandalism, stated they ate providing security gates and all parking will be on-site and they have talked to several neighbors who feel this will be an improvement. THE PUBLIC HEARING WAS CLOSED. Chairman McBUrney stated the developer has done an excellent job redesigning the project and aoded he did not think that paccel of ptoperi?%8%BCd be well MINUTES, ANAHEIM CZTY PLANNING COMMISSION, DECEMBER 8~ 1986 _ 86-B10 suited for high-rise office buildings because it does back up to a residential street and he would like to see this as a buffec between the residential and commercial uses. Paul Singer, Traffic Engineer, pointed out Condition No. 3 requires that gates shall not be installed across any driveway or private street in a manner which would adve[sely affect vehicular traffi.c on an adjacent public stree~, and that a gate is shown on the building line and that would require queing of vehicles on Helena Street, so those gates would have to be set back sufficiently in order to store vehicles on site prior to the gates opening. He added he would be willing to work with the developer in order to make those modifications. He stated tandem parking spaces have been located in the area that would be outside the gates when they are moved and those would have to be the visitor parking spaces, and also two parking spaces would be lost. He stated the developer would probably be cequired to replace those pazking spaces some other place on the site or reduce the number of units to satisfy the parking requirements. Commissioner La Claire stated this is a request for reclassification on this property and the rest of the ptoperty is zoned CO and she wanted to be sure that any other propecty owners were notified and would not want adjacent owners of CO Zoned property to be penalized when they come in for development since their property would be abutting residential units. Malcolm Slaughter stated the Code does impose ~estrictions in the commetcial zone based on the zoning of sucrounding properties and if the zoning happened to be multiple-family zoning, those Code restcictions would apply. Commissioner La Claire stated she is concerned about the adjacent owners and asked how many people in the audience owned CO Zoned pcoperty in that block. There was one response. She asked if all the pceperty owners were notified and it was noted prope~ty owners within 300 feet were notified. She stated het concern is that if the adjacent property owners who have CO Zoned ptoperty want to develop in the future, they would have to comply with the regulations. Ms. McIntyre responded to Commissioner La Claire that she knows some of these owners and knows othe~s who intended to be present today and they were highly concerned. She stated they were prumised when they rer:>ved the old dwelling from their property that this would be a valuable area with commezcial office development and based on that, developed their property, staking theit whole career and life on that belief. She stated she sees this as a backwards situation ar~d it disturbs her that so much affordable housing is being provided by variances. She stated she tealizes property owners are entitled to make a prufit, but the community should be considered. Malcolm Slaughtee responded to Commissionec La Claire's comments eaclier, that the staff report indicates subject property is designated for mediu~, densiky residential on the General Plan, so any property owner owning commercial property should have known of that designation. He stated the western one-half of this block is designated CO on the General Plan and the easter.n one-half is designated for multiple-family residenti.al. Commissioner Bouas pointed out this ptopeity was apptoved foc a 5-story office building. 12/8/86 MINUT°S ANAHEIM CITY PLANNING COMMISSION DECEMBER 8, 1986 86-811 Leonard McGhee stated the Planning staff feels the property could have developed either CO or medium density residential since there is no definitive line on the General Plan separating that block. Ms. McIntyre stated they had a trust with the First National Bank of Orange and were not advised when Wells Fargo took over and in tY,at intecim, did not receive any notices of public hearings and that some of the property owners in the area may be long-tecm residents an~ notices are going to a tcust or something similar. Chairman McBurney stated the owners, as reco~ded to the tax assessors roles, are notified and that could be a trust. Ru~olfo Escalante stated his wife and her brathers and sisters inherited property located at 409 Santa Ana Street and 420 Helena Street and they are confused and concetned about the zoning. Commissioner La Claice stated the whole block was to be commercial office and now they are going back and that is all right if all the other owners are not being penalized who have already had reclassifications on their property. Mr. Bell stated he talked to the owners at 423 Helena and the neighboc across the street and they thought this was going to be a retirement or convalescent home and that there are only two more lots on the blocks which would be affected. Commissioner Fry stated he does not see the problem. Commissioner La Claire stated the General Plan designates the property for medium density and the pcoperty is zoned £or commercial uses and she wanted to be sure the people who owned oroperty in the area have had some input into what is happening in that area. Chairman McBUrney stated from Broadway to the street just south of this property, the, only commercial property is at the northwest corner of Helena and the rest'~ey'all been developed. Commissioner Herbst stated the owners agreed in 1969 with the commercial office zoning which was 17 yeacs ago aad nothing has develc~ed on that property during that time and in looking at the downtown area, tl~ere are going to be high-cise office buildings and there is going to be a need f.or suitable living quarters and that will be apartments and since nothing has been r~eveloped in the 17 years, maybe the zoning is not proper. He stated these are suitable apartments and will provide a residential atea for people working downtown. Commissioner Herbst stated he did not think the cammercial office development will come down this far. He clarified that the number of units may have to be reduced to neet the patking tequirements and the gate eithec moved or eliminated. He suggested a continuance in ordee foc the plans to be revised and reviewed by the Planning Commission because there co~ild be additional waivers involved. Mc. Bell stated the secucity gate seems to be the problem and they would like to have that gate because people like the feeling of confidence it gives them, but thought it could be modified and the patking spaces left outside would be for guests. He stated the secutity gate is not a Code [equi[ement and could be eliminated. 12/B/86 MINUTES ANAHEIM CITY PLANNING COMMISSION DECEMBER 8 1986 86-812 Chaicman McBurney stated he thought it could be worked out at staff level without a continuance and Commissionet Fry agreed. ACTIOC7: Commissioner Fcy offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (Commissioner Messe absent) that the Anaheim City Planning Commission has reviewed the proposal to teclassify subject property from the CO (Comme[cial, Limited) to the RM-1200 (Res~dential, Multiple-Family) Zone to construct a 3-story, 22-unit apartment complex with waivers of maximum structural height and maximum site coverage on an icregula~ly-shaped parcel of land consisting of approximately 0.66 acres located at the southwestly cotner of Elm Street and Helena Street and further described as 402, 415 and 419 South Helena Street; and does hereby apptove the Negative Declatation upon finding that it has considered the Negative Declaration together with any comments received during the public teview process and furkher finding on the basis of the Initial Study and any comments received that thece is no substantial evidence that the project w±ll have a significant effect on the environment. Commissionec Fry offered Resolution No. PC86-301 and moved foc its passage and adoption that the Anaheim City Planning Commission does hereby grant Reclassification No. 86-87-I2 subject to the Interdeoartmental Committee recommendations. On roll call, the foregoing cesolution was passed by the following vote: AYES: BOUAS, FRY, HERBST, LA CLAIRE, LAWICKI, MC BURNEY NOES: PIONE ABSENT: MESSE Commissioner Fry offered Resolution No. PC86-302 and moved for its passage ~nd adoption that the Anaheim City Planning Commission City Planning Commission does hereby grant Variance No. 3602 on the basis that there are special citcumstances applicahle to the property such as size, shape, topography, location and surroundings which do not apply to othe~ identically zoned propetty in the same vicinity; and that strict application of the Zoning Code depcives the property of privileges enjoyed by othec propecties in the identical zone and classification in the vicinity and subject to Interdepartmental Committee recommendations, including a condition that the location of the security gate be approved by the City ~raffic Engineer. Oa roll call, the foregoing resolution w:.s passed by the following vote: AYES: BOUAS~ FRY~ HERBST, LA CLAIRE, LAWICKI~ MC BURNEY NOES: NONE ABSENT: MESSE Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal the Planning Commission's decision within 22 days to the City Council. 12/8/80 MINUTES ANAHEIM CITY PLANNING COMMISSION DECEMBER 8 1986 86-813 ITEM N0. 7 EIR CATEGORICAL EXEMPTION-CLASS 1 AND VARIANCE NO. 3622 pUBLIC HEARING. OWNERS: VINCENT AND PATRICE CALIFANO, 331 S. Yorkshire Circle, Anaheim, CA 92807. Property described as an irregularly-shaped parcel of land consisting of app~oximately 23,600 squace feet having a frontage of appcoximately 66 feet on the south side of Yotkshire Circle, 331 South Yotkshire Circle. Waiver of minimum distance for animal confinement to cetain an existing hocse barn and corral. There were five people indicating their pcesence in opposition to subject request and although the staff report was not cead, it is ceferced to and made a part of the minutes. William Stevens, 2265 t4alaga Way, E1 Toco, California, stated he is representing Mr. Califano who could not be present because of an emer9ency at home. He stated in Novembec of 1977 they purchased the propecty because horses wece allowed. He stated Mr. Califano put in a barn and corral and he did get permits fcom the City as owner/builder and that he reviewed the p'.ans with Parks and Recreation pertaining to the public riding ttail down the middle of that canyon and Mr. Meyers of the Parks and Recteation Depactment had said iti would be okay to install the corral and then if the trail was installed, it could be removed. He stated the barn has automatic fly sprayers and there are no flies, etc. He stated Mr. Reisman, the neighboc, had the pcoperty surveyed and Mr. Califano and Mr. Reieman both had an agreement drawn up for Mr. Califano to rent the property and the agreement was signed. He stated the batn and corral are in a natural ravine and there is a 30-inch culvert pioe which runs the full length of the property for drainage. Gail Reisman, 341 Yorkshire Citcle, next door to subject pcoperty, stated there is a timing problem with this issue; that permits were obtained after the fact; that almost three years ago, Hr. Califano scraped their hillside and filled in their land and built his barn 4 feet from their property line. She stated he never talked to them atout it and did not go to the association which must 9ive approval. She stated they have been calling the City about this tight from the beginning aad it has been 3 years, so the barn being conStSUCted alceady is not theic probl~-.. She stated as a neighbor whose rights have been infringed upon, they c. ot give the Co~mission permission to take away the regulations and grant the .ariance. Ken McLaughlin, 351 S. Yorkshire Circle, stated they pucchased their house in 1978 because of the peaceful, quiet, solitude and ttanquility this country atmosphere offered and it was delightful. He stated this is one of the nicest sections of Anaheim Hills and they a~e extremely proud to be thete, but several things have happened to change the tranquility and one was the irritating situation with Mr. Califano; that their property does go down the tavine and angle off to the right, as most of the properties in that tract do, and everyone was aware of tlse C~eRs and that this was horse property, and were all in agreement with that when they purchased the property. He stated the problem is with the infringement upon the American dream to own property and have legal tights to the pcopetty and to be able to say this 12~8~86e• MINUTES, AhAHEIM CITY PLANNING COMMISSION, DECEMBER 8, 198fi ___ 86-814 He stated at one time Mr. Califano hired a large bulldozer and had about 100 yards of earth scraped off the bank and it was taken down to the center of the ravine where he made a platform for the horse corral which sits on his property now. He stated this became the foundation for the barn and the fill which was scraped off the bank eroded the bank away and resulted in the killing of 10 to 12 Eucalyptus trees. He stated the earth filled the center of the ravine, blocking the natural horse tcail which everyone in the acea knew was thece and those •*:ho bought there knew there was accessibility foc a horse trail. He stated that may have been changed by the City, but agreed with Ms. Reisman that the permits to put in the dtainage pipe were done after the fact. He stated he opposes any waivers on that property affecting his property vehemently. He asked why he is even here with his neighbors and himself with the loss of about 40 man hours and he would question whether there was a permit to start with and if the City of Anaheim did grant the permits necessary such as electrica~, water, etc., if those permits are available and whether they have been signed by the cozrect person. He stated the barn does not affect his Qroperty, but the corral does. He stated the itritant situation has been constant and Mr. Califano is also a member of the Country Knoll Homeowners Association and he has not been an active me,nbet in the association and disregards all the regulations of the CC&Rs, the architectural committee, etc. but he did ask if he could build a barn and was told that he would have to present it to the ar.chitectural committee; however, that was not done, there was no drawing submitted and nothing was approved. He stated they want the Anaheim City Council to heac their cry and they do not want this waiver granted and want the properties to stay as they were purchased. Responding to Commissioner McBurney, Mr. McLaughlin stated he never had any agceemen'.s, written or vecbal, with Mr. Califano. Ms. Rei~man then responded from the aadience that they did not have any agreements with Mr. Califano. Geor9ia Peterson, Pcesident of the Countcy Knoll Homeowners Association, stated their association consists of 20 homes; and that they purchased the homes 9 yeacs ago and were given the CC&RS issued by the City of Anaheim to preserve the slopes and canyons. She stated there is restriction pertaining ~~ building in the natural areas which reads; 'There shall be no modification of the natural areas of the properties without the prior approval of the Architectural Control Committee, provided in Article 8 hereof. The Architectural Control Committee shall preserve the natural contours of the property and require that all landscaping of these natural areas be in keeping with the natural characters of the properties'. She stated this is not what is happenin9. She stated she lives two doors from Mr. Califano and when he built the corral, he bulldozed their slopes. She added she feels if this variance is approved, there could be 19 other people who could do whatever they want with the land and then come to the Commission and apply for a variance after it is done. She stated she would appreciate it if the same rules and regulations were abided by by all property owners. Keith Griffin, ].7862 Bishop Circle, Villa Park, stated he owns property across from Mr. Califano's and knows that 3 or 4 of the dead trees are on his ptoperty; and that about 6 years a9o he brought some dirt onto his property because he intended to develop in the futuce and Mt. Califano took some of the 12/8/86 MINUTES ANAHEIM CITY PLANNING COMMISSION DECEMBER 8 1986 86-815 dirt, plus tne hillside. He stated he had a grading permit from the City of Anaheim and that this is the Scenic Corridor and when he got his permit, he had to put a conccete barrier around a Eucalyptus tree which was really just a stump to save it and now.Y~aG this property owner has killed several trees. He stated he found out about this when Mr. Califano undermin~ed theic property and made a swale to come down fxom the cocral and a neighbor called him. He stated the [avine was to be left open; and that he is opposed because the permits were gotten Zftet the fact. Mr. Stevens stated he understands the barn does have building pecmits; and that the 30-inch pipe for drainage was an afterthought; and that the bank was recompacted. He stated the Reismans next door have stcipped their entire bank of all vegetation and that if there are tules and regulations, evetyone should have to comply. THE PUBLIC HEARING WAS CLOSED. Commissioner Herbst stated the plans show the corral was ~onstructed across three different paccels of p~operty. He stated he has been a Planning Commissioner for a lon9 time and has never seen one property owner literally build something on someone else's pcoperty without having some kind agreement or compensation. Mr. Stevens stated he undecstood there was an agreement and M[. Califano had tried to set up an agreement to rent the property and he had written one agceement and Mr. Reisman had written another one, and added the agreements wete not executed by both property owners. Commissioner Lawicki stated Mr. Stevens' earlier statements indicated agreements were signed. Commissioner La Claire stated the request befoce the Planning Commission is for a variance. She stated the problem is that they do have a building permit for the barn. Malcolm Slaughtet stated a building permi~ is ko permit construction on a property and gives no cights to the petson pertaining to ownership on the property or agreements with other property owners, etc. He stated in discussing this with the Building Division, he was told Mr. Califano did have a building permit for the barn and there were two inspections made, but the structure has not been finalized. It was noted this all commenced about three years ago. Mc. Slaughter continued he did not know if the permit was obtained befoce the barn was constructed, but it was quite some time before this action came before the Planning Commission. Commissioner Hecbst asked if there ate any other hotses in the acea and there was no response. He stated he recognizes these lots ace very narrow with norse trails through them. Malcolm Slaughter stated he would not agree that there are public horse trails through that canyon. Commissioner La Claire stated she would offer a motion for denial of the variance on the basis that it is an imQosition and harmful ti2~8~86ther MINUTES, ANAHEIM CITY PLANNING COMMISSION DECEMBER 8 1986 86-816 properties and if there is going to be a trail through that canyon, Mr. Califano should install the trail and testore the property to what it was originally. Malcolm Slaughtec stated while the City may have a plan for a trail to go through that a~ea, there are no ptesently dedicated rights-of-way to the City for the trail. Commissioner Herbst exolained the City has no control over the CCfiR`s or making people conform to the CC&Rs. It was noted the Planning Director or his authorized reptesentative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State Environmental Impact Repott Guide].ines and is, therefor?, categorically exempt from the cequirement to prepa~e an EIR. AClION: Commissioner La Claire offered Resolution No. PC86-303 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby deny Variance No. 3622 on the basis that there ate no special ci~cumstances applicable to the property such as size, shape, topogtaphy, location and surroundings which do not apply to othec identically zoned prope~ty in the same vicinity; and that strict application of the Zoning Code does not deprive the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity. On roll call, the foregoing resolution was passed by the following vot~: AYES: BOUAS~ FRYr HERBST~ LA CLAZRE, LAWICKI, MC BURNEY NOES: NONE ABSENT: MESSE Commissi~n discussed whether or not the corral has to be moved and Malcolm Slaughtet stated he is not sure whether or not the~e was a violation of the Zoning Codes, but if there was a violation, it would be handled through the regular process, pointing out we have no knowledge of agreements between property owners. He stated his office will look into it and whether or not the variance was denied or granted does not change the fact that there was a violation. Commissioner Bouas pointed o~t the neighb~cs reported this to the City from the beginning. Leonard McGhee pointed ouc the filing foc thi~ variance was a result of a Code Enforcement action because there was a complaint filed. Malcolm Slaughter, Deputy City Attorney, pcesented tne written right to appeal the Planning Commission's decision within 22 days to the City Council. ITEM NO•, 8 EIR CATEGORICAL EXEMPTION-CLASS 5 AND VARIANCE N0. 3623 PUBLIC HEARING. OWNERS: ROBGRT T. BRAVO AND FREEMAN W. AND ANNIE C. OWENS~ 24~1 West Mall Avenue, Anaheim, CA 92804. Property desccibed as a rectangularly-shaped patcel of land consisting of approximati2~8~a650 square ~ MINUTES, ANAHEIM CITY PLANNING COMMISSION DECEM3ER S 1986 86-817 feet, having a frontage of approximately 73 feet on the north side of Mall Avenue, 2451 West Mall Avenue. Waiver oE minimum reac yacd setback to retain an addition to a sinyle-family residenca. There was no one indicating their presence in apposition to ':ubject request ancl although the staff report was not read, it is teferced to and made a part of the minutes. Chairman McBUrney pointed out Commission received a letter from a neighbor, Don Paine, 2450 Transit Avenue, in ~pposition. Robert &tavo, owner, was ptesent to answer any questions. He presented photographs oi l•he property at 2450 Mall Street which is the adjacent property, indicating the setback is the same as he is requesting. , ~ ?ItALT~' HEARING WAS CLGSED. ~a Commissioner Bouas, Mr. Bravo stated the construct •~~ ;.s about ~tr;,~,,,•~,,.,,_ s completsd and he did not have a permit to co~~stru: ,.oe :oom additian. Commissioner Bouas stated the lettec in opposition indicates there is shed ;.n the yard which is 8 feet high located about 2 feet from the property line. Mr. Bravo stated that was constructed about 5 years a9o and he has never ha~ any negative comments about it. Commissioner Bauas stated the neighb~r is complaining because the shed is not painted. Mc. Bravo stated he would ;-ave no objQctions to painting the shed. Concerning the swimning pool, Mc. Bravo stated it is a portable doughbey-type pool which is abovE gcound witY: the daep end lowered about 2 feet. Mr. Bravo stated he has permits for the shed and patio cover and the deck mentioned in the letter could be considered a patio cover. He stated they seldom use it as a deck and the shed is actually a green-house type shed where he grows orchids. He ~tated he cosld paint it or if necessaty, it could be cemoved. Commissionet Fry stated the lettec indicates that there have been several sttuctutes built on t9r. Lcavo's ptopecty which have had a negative impact on the neighbor's property and it wouid appea: there are several violations on this property. Commissioner McBurney teferred to the pool and shed and asked if permits wete required. Mr. Bcavo stated a Cit~ inspector looked at alY the sheds ~•rhen he inspected the pati.o co~ec and appacently signed them off. Leonard McGhee stated it depends on the pe[manent nature of the pool and shed aad if they are portable, building permits ace not ~equired. Malcolm Slaughter stated the C:ty's electrical easements are for electrical putpoaes and structures are not permitted under them, particularly swimming poo}.s. 12/8/86 MINUTES, ANAHEIM CITY PLANNING COMMISSION, DECEMBER S, 1986 86-818 Mr. Bravo stated there is a deck ovec a portion of the patio cover and it has beer. used for obsecvation a couple of times but is basically to covec the patio furniture. Responding to Commissioner Fty, Mr. Bravo stated he does have building supplies stored on the roof which he plans to use for insulation, but that it could be stored in another location ad he would be wi7.ling to move it. It was noted the Planning Director or his authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 5, as defined iti the State Environmental Impact Report Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. ACTION: Commissioner Herbst offered Resolution No. PC86-304 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby grant Variance No. 3623 on the basis that there are special circumstances applicable to the property such as size, shape, topography, location and sutroundinqs which do not apply to other identically zoned proFerty in the same vicinity; and that strict application of the Zoning Code deprives the pcoperty of privileges enjoyed by other pcoperties in the identical zone and classification in the vicinity attd subject to Intecdepartmental Committee recommendations and to the petitionec's stipulations ta either paint or remove the existing unsightly shed and to remove the building materials currently stored on the roof. On roll call, the foregoing resolution was passed by the following vote: AYES: BOUAS, FRY. HERBST, LA CLAIRE, LAWICKI~ MC BURNEY NOES: NONE ABSENT: MESSE Malcolm Slau9hter, Deputy City Attorney, presented the written right to appeal the Planning Commission's decision within 22 days to the City Council. ITEM N0. 9 EIR NEGATIVE DECLARATSON, RECLASSIFICATION Na. 86-87-18 AND VARIANCE NO. 3624 PUBLIC HEARING. OWNERS: JOHN G. PRENTICE, 2940 Frontera, Anaheim, CA 92806. AGENTS: WESTERN NATIONAL PROPERTIES, P. O• Rox 6348, Orange, CA 92667, ATTN: KELLIE CAMPBELL. Property described as an irregularly-shaped parcel of land consisting o£ approximately 1.0 sc~e, havin9 a frontage of approxir~~ately 159 feet on the north side of Jackson Avenue, approximately 660 feet east of the cen~arline oF Par~ Vista St~:?et. RS-A-43,OOG(O) to RM-1200(0) or a less intense zone. Wai~•er of maximum building height to coustruct a 2 and 3-story, 21-unit apartment comple~. There was no one indicating their presence in op?osition to subject *_equest and althot^,gh the sta.ff teport wae. not read, it is referred to a.nd made a part of the minutes. 12/S/86 MINUTES, ANAHEIM CITY PLANNING COMMISSION~ DECEMB_ER 8~ 1986 46-819 Kellie Campbell, IPS, agent, was present to answer any questions. Leonard McGhee, Associate Planner, stated a 6-foot high block wall would be required on the west ptoperty line and that condition should be added. THE PUBLIC HEARIIdG v7AS CLOSED. Commissioner Herbst asked about access on Fronteca. Ms, Campbell responded they are currently blocked by a strip owned by the County of Orange and th!•y have contacted the ~ounty and determined that that is excess property and ~!:ey will be able to negotiate with them to purchase it. ACTION: Commissioner Fry offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (Commissioner Messe absent) that the Anaheim City Planning Comtnission has [eviewed the proposal to reclassify subject property from the RS-A-43,000(0) (Residential, Agricultural, Oil Production Overlay) Zone to the RM-1200(0) (Residential, Multiple-Family, Oil Production Oveclay) Zone and to construct a 2 and 3-story, 21-unit apartment complex with waiver of maximum building height on an icregulacly-shaped paccel of land consisting of approximately 1.0 acre, having a frontage of approximately 159 £eet on the north side of Jackson Avenue, approximately 660 feet east of the cente~line of Park Vista Street; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together aith any comments received during the public review p~ocess and furthec finding on the basis of the Initial Study and any comments zeceived that thece is no substantial evidence that the project will have a significant effect on the environment. Commissioner Fry offeced Resolution No. PC86-305 and moved for its passage and adoption that the Anaheim City Plar.~ing Commission does hereby grant Reclassification No. 66-87-18 subjeck to Interdepartmental Committee recommendations. On roll call, the foregoing ~esolution was oassed by the following vote: AYES: BOUAS, FRY~ HERBST~ LA CLAIRE, LAWICKI~ MC BURNEY NOES: NONE ABSENT: MESSE Commissioner Fry offered Resolution No. PC86-306 and moved for its passage and adoption that the Anaheim City Planning Commission does hercay grant Variance No. 3624 on the basis that there are special circumstances applicable to the property such as size, shape, topography, location and surroundings which do not apply to othec identically zoned property in the same vi.cinity; and that stcict application of the 2oning Code deprives the pcoperty of privileges enjoyed by other properties in the identical zone and classification in the vicinity and subject to Intecdepartmental Commi.ktee recommendations including a condition that access to Frontera Street shall be purchased from the County of Orange. On roll call, the foregoing resolutior, was passed by the following vote: 12/8/86 i MINUTES ANAHEIM CITY PLANNING COMMISSION DECEMBER 8 1986 86-820 AYES: BOUAS~ FRY, HERBST~ LA CLAIRE~ LAWICKI~ MC BURNEY NOES: NONE ABSENT: MESSE Malcolm Slaughter, ~eputy Ciry Attozney, presented the written right to appeal the Planning Commission's decision within 22 days to the City Council. ITEM NO. 10 EIR NEGATIVE DECLARATION WAIVER OF CODE REQUIREMENT AND COPIBITIONAL USE PERMIT N0. 2828 PUBLIC HEARING. OWNERS: JENNIFtR HOYT, MAGNOLIA-LA PALMA INDUSTRIAL CENTER, BRYAN INDUSTRIAL PROPERTIES, INC., ld6 E. Orangethocpe Avenue, Anaheim, CA 92801. AGENTS: MARK E. PAGE, CAMPBELL AUTOMOTIVE GROUP, 6900 Mancheste[ Boulevard, Buena Patk, CA 90261. Property desccibed as a cectangularly-shaped parcel of land consistir~g of approximately 1.2 acres, having a fcontage of appcoximately 195 £eet on the north side of La Palma Avenue, 2541 West La Palma Avenue. To permit an automobile body repair shop in the ML Zone with waiver of minimum number of parking spaces. Tnere was no one indicating their presence in opposition to subject request and although the staff repoct was not read, it is ~efeered to and nade a part of the minutes. Ron Guilliams, 6950 Manchester, Suena Park, stated the only con~etn with this request was parking, and they did have a parkin9 st~dy cnnducted. He stated recently they opened a body shop in Fountain Valley and ~eople think a body shop is a place that is not vety desicable but theirs is a quality operation aud qualiky pcoject. THE PUBLIC HEARING WAS CLOSED. Chairman McOurney referred to a letter f~om Chuck Gordon, Prope[ty Administzator of the Villageway Managemenc, indicatin9 cuncerns cegardin9 odors from resin, etc. Mr. Guilliams stated they have three lettecs of recommendation, one from Buena Park and one fcom Eountain Valley and the letter from Buena Park specifically discusses the way they have conducted theic business in that city. Paul Singer, Traffic Enginee~, stated his main concecn is the large parking waiver cequested and explained he did not contact Buena Park, but that all parking would have to be inside and if the operation expands, undoubtedly there would be vehicles stored outside and there is a secured area on the pl.ans where vehicles could be stoced and that •aould not conform with Condition No. 2 recommended by staff. Mt. Guilliamr stated they want a quality opecation and this is an ideal location and it is substantially larger than their needs, so they would have plenty of room to have vehicles inside. Commissionet La Claire stated the letter from Buena Park stated they dic: not want to lose this business and it di~cussed the parkiug and stated there had never been a parking problem. Mr. Guilliams stated they acti2~g~86ad less MINUTES ANAHEIM CITY PLANNING COMMISSION DECEMBER 8, 1986 86-821 parking in Buena Park and explained they will wock on a vehicle from one to three weeks and would only have four ot five customers at a time on the premises for the purpose~ of getting an estimate or picking up a ca~. He stated in a lot of instances, a vehicle is towed to this facility refe~red there by an insutance co~aoany. Conce[ning disposal of solve~ts, Mr. Guilliam stated they are registered with the EPA and have to collect solvents and then they ate picked up by a licensed person who disposes of them. Concerning odors, Mr. Guilliam explained they have a filtration system which will eliminate odors and the paint booths are filtered, and also they have a vacuum system connected to their tools so if they are sanding, the dust is picked up by the vacuum. ACTION: Commissioner He[bst offeced a motion, seconded by Commissione[ Fry and MOTION CARRIED (Commissioner Messe absent) that the Anaheim City Planning Commission has reviewed the proposal to permit an automobile repair shop in the ML Zone with waiver of minimum number of parking spaces on a rectangularly-shaped pa~cel of land consisting of approximately 1.2 acYes, having a ftontage of approximately 195 feet on the notth side o£ La Palma Avenu~ and further described as 2541 West La Palma; and does he[eby aaprove the Ne9ative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public ceview process and further finding on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significar..t effect on the environment. Co.~imissioner Herbst offered a motion, seconde:d by Commissioner Lawicki and MOTIQ'+ CARRIED (Commissionec Messe absent) that the Anaheim City Planning Commi~sion does hereby gtant waiver of Code requirement on the basis that the parking waiver will not cause an increase in traffic congestion in the immediate vicinity nor advecsely affect any adjoining land ~ses and granting of the packin9 waiver under the ecnditions imposed, if any, will not be detcimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. Commissionec Herbst offered Resolution No. PC86-307 and moved for its passage and adoption that the Anaheim City Planning Commission doea hereby gcant Conditional Use Pezmit No. 2828 pursuant to Anaheim Municipal Code Sections 18.03.030.030 through 16.03.030.035 for a period of one year and subject to Intecdepartmental Committee recommendations. Prior to votingr responding to Commissionet, Commissioner Herbst explained he included the one-year time limit because he wou,ld like to see if the parking is a problem because the waiver requested is ~o large. Or. roll call, the fore ~g cesolution was passed by the following vote: AYES: BOUAS~ :r:Y~ HEkBST~ LA CLAIRE~ LAWICKI~ MC BURNEY NOES: NONE ABSENT: MESSE Malcolm Slaughter, Deputy City Atto~ney, pr.esented the written right to appeal the Planning Commission's decision within 22 days to the City Council. 12/8/86 MINUTES ANAHEIM CITY PLANNING COMMISSION DECEM2ER S 1986 85-822 ITEM NO. 11 EIR_NEGATIVE DECLARATION AND CONDITIONAL USE PERMIT N0. 2853 PUBLIC HEARING. OWNERS: ADA I. HIGDON, WELLS FARGO BANK NA TRUSTEES~ 96~0 Santa Mor.ica Boulevard, Beverly Hills, CA 90210. AGENT: DENNIS WILLIAMS, 221 N. Beach Boulevard, Anaheim, CA 92801. Pcoperty described as a rectangularly-shaped parcel of land consisting of approximately 0.57 acte, 221 North Beach Boule,~ard (Angelo's) . , ,; ~-,,.:.. ~:.d••, .-ti ~ fi~ (~ .. :.,;_~t'~il.` i ~J~~,•`-_~.r. ~'~_;~-_~ -:'1:,.,:..r~., ~•=• f~ ~ ~~ EJ~~ ~~ih ,C rf^/•• , . Thece we~e five people indicating their pcesence in opp:sition to subject request and although the staff report was not read, it is referred to and made a part of the minutes. Michelle Reinglass, attorney, stated the petitioner woulci like to request a continuance because they were supposed to submiL olans to incorpocate changes to the drive-up lanes and they have attempted to comply with that, but she has just found out from her clients that is just impossible to accommodate tho~e changes in the stcuctures they have; and that the drive-up lanes, service window and drive-up opezation have been operating for several years in its exact configuration. She stated they have attempted to have plans prepared to incorpocate those changes tu bring the drive-~lp lanes up to Code, but have discovered that would be cost pcohibitive and eliminate parkina spaces, so they are requesting the opportunity to present an application for a variance or waiver of those requirements. Chairman t9cBUrney stated since the plans will be changed and a variance applied for, this matter will be readvertised. Commissioner Fry suggested this application should be denied since they will be cequesting a new variance. Annika Santalahti stated they still want the basic uses noted, but now thete a~e variances required; however, the entire package will be readvertised. She exgiained propecty owners will be notified and if thece is anyone pcesent who did not get a notice previously and wants to be notified, they should leave their name and address with the Planning Department staff before leeving the building and they will be added to the mailing list. ACTION: Commissioner Fry offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (Commissioner Messe absent) that consideration of the aforementioned matter be continued to the regulacly-scheduled meeting of January 19, 1987. ITEM NO. 12 EIR NEGATIVE DECLARATION WAIVER OF CGllB REQUIREMENT AND CONDITIONAL USE PERMIT N0. 2864 PUBLIC HEARING. OWNERS: JOSEPH LISS AND ROBERT LZTMAN, 219 N. Euclid Way, Anaheim, CA 92801. AGENTS: WARREN C. PITT, WARREN PITT ASSOCIATION, INC., P.O. Box 5817, Huntington Beach, C~ 92615. Prope~ty described as a rectangulatly-shaped parcel of land consisting of approximately 0~43 acres, 219 North Euclid Way. To permit a mini-storage facility with waiver of ~iinimum number of parkin9 spaces. 12/B/86 MINUTES ANAHEIM CITY PLANNING COMMISSION DECEMBER 8, 1986 86-823 There was one person indicating his presence in opposition to subject request and although the staff report was not read, it is referred to and made a paLt of the minutas. Warren Pitt, architect, stated the only problem seems to be parking and they have had a parking demand study conducted and submitted to the City Traffic Engineer. He added the owner does have property at the reat of this property where employees could park if needed. Gina Oldja, Dominic Investors, stated they own the Euclid-Lincoln Industrial Center located at 231, 237 and 230 North Eucli~ Way and they oppose the variance because Euclid Way has inadequate caffic control and inadequate drainage and the overflow traffic has ar~e~L~to go into their center. Mr. Pztt stated this use would generate very minimal traffic and as stated in the traffic study by Weston Pringle and Associates, they feel the number of spaces provided for parking will be more than adequate to provide all packing on site. THE PUBLIC HEARING WAS CLOSED. Commissioner Fry stated in the past these self-storage facilities develooed the least amount of traffic possible and he thought parking would be adequate and he is in favor of the request. Paul Singer, TrafEic Engineer, stated his objection was that parking may not be adequate because there is a tesidence on the property which requires three parking spaces and an office which requices five packing spaces and a total of ten spaces ate being provided with only two being available f.or the storage use, but since it has been made known that there is other property available for parking for the people in khe office, he thought that would take cace of the prublem. Mr. Singer stated he would like the cecord to reflect that with the widening of the freeway, the Euclid bcidge crossing the I-5 would be celocated to its proper alignment which will eliminate Euclid Way and all the properties will no longer have access to Euclid Way and may have to be acqui[2d. He stated it will all depend on when or if the redevelopmeat a~ea is declared and that depends on the development of the Anaheim Plaza, but he was not sure of the timing. ACTION: Commissioner Fry offered a motion, seconded by Commissioner' n~:uas and MOTION CARRIED (Commissioner Messe absent) that the Anaheim City P:"'u:i::) Commission has reviewed the proposal to permit mini-storage facility ai+;h waiver of minimum number of parking spaces on a cectangula:ly-shaped pacrel of land consisting of approximately 0.43 acres, haviny a ftontage of approximately 77 feet on the wesL side of Euclid Way and further described as 219 North Euclid Way; and does heceby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received durinq the p~blic review process and furthe~ finding on the basis of the Initial Study and any comments received thak there is no substantial evidence that the ptoject will have a significant effect on the envitonment. 12/8/8G MINUTES, ANAHEIM CITY PLANNING COMMISSION, DECEMBER 8~ 1986 86-824 Commissioner Fry ~ffered Resolution No. PCB~-308 and moved for its passage and adoption that the Anaheim City Planning Ccmmission does hereby grant Conditional Use Permit No. 2864 pursuant to Anaheim Municipal Code Sections 18.03.030.030 through 18.03.O:Q.Q35 and subject to Interdepartmental Committee recommendations. On roll call, the foregoing resolution was passed by the following vote: AYES: BOUAS~ ERY~ HERBST, LA CLAIRE~ LAWICKI, MC BURNEY NOES: NONE ABSENT: MESSE Malcolm Slaughter, Deputy City Attorney, pcesented the written right to appeal the Planning Commission's decision within 22 days to the City Council. RECESSED: 5:10 p.m. RECONVENED: 5:20 p.m. ITEM N0. 13 EIR NEGATZVE DECLARATION AND CONDITIONAL USE PERMZT NO. 2865 PUBLIC HEARING. OWNERS: LAKEVIEW BUSINESS PP.RK~ A CALIFORNIA LIMITED PARTNERSHIP, 19600 Fairchild Road, $Z00, Irvine, CA 92715. AGENT: RICH YDNG-TAI CHIN, 5 Wickland, Irvine, CA 92720. Propecty described as a rectangularly-shaped r.sccel of land consisting of approximately 4.6 acres located north of the northeast cornec of La Palma Avenue and Lakeview Avenue. To permit a sandwich shop with on-sale beer. and wine. There was no one indicating their presence in opposition to subject request and although the staff report was not read, it is referred to and made a part of the minutes. Felicia Chin, agent, was present to answec any questions. THE PUBLIC HEARING WAS CLOSED. a ve Responding to Commissioner Fcy, Ms. Chin explained they 24 seats in the restaurant. Commissioner Herbst stated he did not like beec and wine sold in the industrial area because with people working in the factories and having access to the beer and wine, it could be a liazard when they are working. Ms. Chin stated she would be willing to delete the beer and wine request. ACTION: Commissioner Herbst offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (Commissioner Messe absent) that the Anaheim City Planning Commission has reviewed the proposal to permit a sandwich shop with on-sale beer and wine on a rectangularly-shaped parcel of land consisting of approximately 4.6 actes located no:th of the northeast corner of La Palma Avenue and Lakeview and further described as 1250 Lakeview Avenue, Building A, Unit E; and does heteby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received 12/8/86 86-825 MINUTES ANAHEIM CITY PLANNING COMMISSION, DECEMBER S 1986 ducing the public review process and tucthec 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 Herbst offered Resolution No. PC86-310 and moved foc its passage and adoption that the Anaheim City Planning Commission does hereby grant Conditional Ose Permit No. 2866, in pact, deleting the ~n-sale beer and wine, pursuant to Anaheim Municipal Code Sections 16.03.030.030 through 18.03.030.035, and subject to Inte~departmental Committee recommendations. On roll call, the foregoing resolution was passed by the followin~3 vote: AYES: BOUAS~ FRY, HERBST~ LA CLAIRE, LAWICKI~ MC BURNEY NOES: NONE ABSENT: MESSE Malcolm Slauyht.ec, Deputy City Attocney, ptesented the written right to appeal the Planning Commission's decision within 22 days to the City Council. ITEM N0. 14 EIR NEGATIVE DECLARATION WAIVER OF CODE REQUIREMENT AND CONDITIONAL USE PERMIT N0. 2866 PUBLIC HEARING. OWNERS: LINCOLN SAVINGS A~7D LOAN, 18200 Von Katman, $1100, Irvine, CA 92715. AGENT: LA PETITE ACADEMY, 8840 Complex Dr., Suite 100, San Diego, C.~ 92123. Property described as an ir~egularly-shaped p~rcel of land consisting of approximately 0.73 acce^, 409 South Anaheim Hills Road. To permit a child day care center with waivets of maximum fence height (deleted), minimum structural setback (deleted) and maximum number of wall signs. Thete was one pprson indicating his presence in opposition to s~bject reques~ and although the staff repoct was not read, it is cefecced to and ma2e a part of the minutes. Karen Kantor, 8840 Complex Drive, Suite 100, San Diego, representing La Peti~e Academy, stated they are the largest chain of child-day care centers in the United States and have been in C4?.ifornia foc over fout years and have over 100 schools either operating oc undec constcuction in the State of California. She stated they are requesting this permit fot a child day-care facility for four year olds up to twelve year olds to meet from 6:30 a.m. to 6:30 p.m. and they do offer pick-up and delivecy to the elementary schools. She explained they have located these centets in many shopping centers throughout the United States and have been d'.rect:ng themselves towards shopping centers in California because parents like to be able to stop in one place and do theic ezrands while the childten ace being cared for. She stated they contacted the majority of th2 tenants in thi~ shoppin9 center to find out if they had any objections and they wete all quite pleased with the proposal. She explained they will be purchasing the property and will utilize their relationship with some of the major grocery chains and t~y to entice them back into the shopping center. 12/B/B5 MINUTES ANAHEIM CITY PLANNING COMMISSION DECEMBER 8 1986 86-826 Jack Brink, 2245 Montecito Drive, San Ma[ino, California, stated his opposition to the cequest i~ because it is illegal according to their CC&Rs and thought it would be an adverse impact on the centec; that he is an ownec of Parcel 3 and the CCbRs state the shopping center is to be used only for uses of the type normally found in the shopping centets and this is not a use normally found in shopping centers. He stated about one year ago he had a vacancy in his building and a prospective tenant requested permission for a child day-care center or school and he denied it for those two [easons. He stated if child-day care centers were advantageous to shopping centers, he did not think a variance would be necessary and every shopping center owner would be trying to get child day-cate centers as tenants. He stated he talked to a prospective new owner of a portion of the center and he is very much opposed to the request. Ms. Kantor stated they presently have over twelve of t,hese facilities operatinq in shopping centecs in California and in those instances, major developers sought them out to locate in their centers. She stated they have reviPwed the CC6RS and that is a question, but that is separate from this Planning Commission request. She st3ted the opposition made a statement that the new owner of the shopping center is against the proposal and she has advised all the owners to talk to the tenants who would sign a petition in support of this request, and that was as of 12:30 taday. She stated they currently are being sought by Santa Anita Development to locate a child day-care center in their new project at Rancho Santa Margarita, so she was not sure the correct information was being provided. THE PUBLIC HEARING WAS CLOSED. Commissioner Herbst explained the City has no control ove~ the CC&RS. Ms. Kantor responded the CC&RS state approval must be had i~om the org•anization to locate a school in the centet and the attorneys at Lincoln Savings end Loan are handling that matter. Commissioner Herbst stated even in Anaheim there ace child day-care centets in small shopping centers and he is awace of one existing in Anaheim Hills and could see nothing wrong with this type use and felt it would bring people into the center and would definitely be a help to that center. Commissioner Fry agreed and stated h~ could not see how this would have an adverse impact on the shopping center. C~mmissioner La Claite stated she has no pcoblem with the proposed use and it i.s really needed in Anaheim Hills but sees no problem with the way the pcoject i.s laid out. She referted to the landscaped berm on the left hand side upon entering off Canyon Rim Road and the plans show a separate 25 foot by 3~ foot building whece the tcees ate located. CLaig Droz, Knittec AssoCiates, stated that portion is actually an o.~chang over the existing drive-up window and thete is ao enclosed area and it is simply a shaded area for the playground. He reviewed the plans with th~~ Commission and pointed out the pl.ayground equipment within a mulched area. Commissioner La Claire stated she would like to see the fence moved to where the driveway comes through and Mc. Droz agreed there is no prablem with moving the fence. 12/8/86 86-827 MINUTES ANAHEIM CITY PLANNING COMMISSION DECEMBER 8 1986 Commissionet Herbst asked about the signing and Leonard McGhee explained the Code allows one wall sign and the,y are proposing two wall signs. Ms. Kantor responded the signs are not illuminated. Mr. Droz stated the signs are plexi-glass with the La Petite logo and pointed out they a~e shown on the elevations to scale. ACTION: Commissioner Hecbst offered a metion, seconded by Com~issionet FLY and MOTION CARRIED (CommissioneL Messe absent) that the Anaheim City Planning Cemmission has reviewed the proposal to permit a child-day center with waiver of maximum fence height (deleted), minimum structutal setback (deleted) and maximum numbet of signs on an irregularly-shaped parcel of lamd consisting of approximately 0.73 ac~e, having a ftontage of aoproximately 136 feet on the north side of Canyon Rim Road and further described as 490 S. Anaheim Hills Road; and does he~eby appcove the Negative Declatation upon finding that it has considered the Negative DPClaration together with any comments received during the public ~eview piocess and furthe[ finding on the basis of the Initial Study and any comments received that there is no substantial evidence that the pcoject will have a significant effect on the envitonment. Commissionec Hecbst offere~ a motion, seconded by Cc~mmissioner Bouas and MOTION CARRZED (Commissioner Messe absPnt) Y.nat the Anaheim C~ty Planning Commission does heteby deny waivers fa and b) on the basis they were deleted by ~evised plans and grantiny w~iver (c.? on the basis that the~o ot=ashecial circumstances applicable to the property such as size, shape, p 9 P Y. location and sucroundings wtiich do not apply to othes identically zoned prope~ty in the same vicinity; and that strict aoplication of the 2oning Code deptives the property of privileges enjeyed by oth?r pcopecties in the identical zone and classiFicatior~. Commissioner Herbst offered Resolution No. PC86-3I0 and moved for its passage and adoption that th~ Anaheim City Ylanning Com~nission does heceby grant Conditional Use Permit No. 2866, i.n part, ~uCSUant to Anaheim Municipal Code Sections 18.03 030 030 t<<rough 18.03.030.035, subject to the stipulation to relocate the fence so that the mulched-in infant playground acea shall be located within twenty-eight feet of the east wall of thE existing building so as not to encroach into the existing six (6) foot wide landscaped area on the easteriy side of the pro~erty and subject to intecdeparkmental C~mmittee recommendations. On roll call, the foregoing resolukion was passed by the ~_ollowin9 vote: AYES: BOUAS, FRY, HERBST~ LA CLAIRE~ LAWICKI~ MC BUR~EY NOES: NONE ABSENT: MESSE Malcolm Slaughter, Deputy City Attocney, presented the wtitten ri9ht to appeal the Planning Commission's decision withi!~ 22 days to th~ City Council. 12/8/86 MINUTES, A~AHEI~' CITY PLANNING COMMISSION, UECEMBER 8, 19,i6 86-826 ITEM N0. 15 EIR NEGATIVE DECLARATION AND TENTATIVE MAP OF TRACT N0. 1268~4 PUELIC HEARING. OWNERS: STEVEN W. A:ill PAMELli S. HP.LL, ET AL, i5161 1'an Buren, Midway City, CA 92655 an~ ANTONTA MARIF, LESHER, ET AL, c.~o T.A. JON!i:? : ASSOC., 485 E. 17th Street, Costa Mesa, CA 9'1627. P-opetty described as ~: irregularly-shaped parcel of land consi:a:ing of appiaximately 1.55 acres, ::2_l5 Loara St[eet. To establish a 7-lot RS-5000 (Rcsidcntial, Sing~^-Family) Zone ~~abdivisi:,n. ACTION: Commissioner Herbst oLfered a motion, seconded by Commiss:_~n Bouas and MOTTON CARRIED (Commissione;t Messe absent), that !he F.naheim City Planning Commission does hereby find ~hr~t tY.e pxoposed subdi~:=~:~~~ together with its design and improvement, is cor,sistent with the Citg of A~Zaheim General Plan, pucsuant to Government Code Section 664?3.5; and does, therefore, app_~ve Tentative Map of Tract No. 12884 for a 7-lot, RS-500~ Zone single-family condominium subdivision subject to che following conditions: I. That the owner of subject oroperty shall pa~ to the City of Anaheim a fee .`or tree planting purpuses along Loara Street in an amount as determined by the City Council. 2. That prioc to issuance of a bui.lding pecmit, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the CitY Council. y 3. That prioc tc i.ssuance of a building permit, the appropriate traffic signal assessment 'ee s?~~11 be paid to the City of Anaheim in an amount as determi:+_~d by tY.~e City Counc; l. 4. Ttiat all private st::eets sha'll. be developed in accordance with t.he City of Anaheim's Standatd Detail No. 1~2 for pcivate s:reets, including installation of stree: name sign;t. Plzms foe the private street lighting, as re~;aired by t'-e ctandard detail, shall be submitted to the Builaing Divfsio:. for app~oval and included witn the building plans prior to the~ issuance of buildino permits. (Pcivate streets are those which pro•~icie prima[y access and/or circulation withi^ the project. ~. That prior to final tcact map approval, street names shall be approved by the City Planning Department. 6. That tempo~ary street name signs shall be installed prior to anf occupancy if petmanent street name signs have not been installed. 7. That gates shall not be installed across an} dri~reway oc pr.ivat.e street in a manner which may adve~sely affec.t ve;~iculat traffic in the adjacent public street(s). Installatior:~ of 'r.ny gates shall conform to Engineering Standard Plan No. 40:r. and subject to the review and app~oval of the City Traffic Engr.neer. 8. That drainage of subject property shall be clisposed of in a manner satisfactory to the City Engi~eer. 12/8/86 MIP7U'PES, ANAFii:'~'i CITY PLANNING COMMISSI0:7, DECEMBER S~ 1986 85-BL9 9. Tnat should this subdivision be de:~loped a:a mo:e rh~n one ~~abdivision, ~:ach subdivision theceof shai~ ~,~ su~cnitt•_;7 in kentatice forc,for a.pyruval. 10. Tnat all lots with•in this tract sha~l be served by u~derground ~itilities. 11~ That prior to com~ner,cemen'c of structural fc~mi.~g, fire hyd[ants shall be installed a~d ~:??raed as required ar.d determined to be necessary by the Ci2ief of the Fii~e nepartment, 1,2, That prior to final tract map appcoval, the original documents of the covenants, conditionsr and ~est:rictions, and a letter addcessed to the developer's title company authorizing recordation ~hereof, shall L~ ~~bmitted to the City Attorney's Oifice and approved by the Ci.t_~~ `.ttocney's Off:ice and Engineeri,.q Division. Sai.d documents, as aop:oved, will then be filed and recotded in the Of£ice of the Orc. ~e County Rpcotder: 13. That prior to issua~;ce of building aecmi.t, the •.p[~:optiate fees due for primary, secor,aa.Ly and fire protect:on sha].I be paid to the Wate~ Uti2ity Divis~an by the DEVeloper ir. ~ccuidance with Rules 15A and 20 of the Watec ~:iiii.y Rates, Rule, an~ Regulations. 14. That sutject prope::ty stiall be deve,loped substantially in accordance with plans and specification5 on !i1e with the City of Anaheim marked Exhibit No~ 1. 15. That pcior to final building ar.d 2on'.ng inspections, Condition Nos. 7, 8, 10 and 14, above-mentione~d, she.lY be complied with. 10. That prior to fi~al tract map ap~~~oval, Condition No. 1, above-mentione~?,• shall l,d !:omplied wzth. i`lEhl N0. 16 REPORTS HND RECOMciEIVDATIONS A, PROPOSED CODE AMENDMENT - Renue3t to amend Section 18:51.050 to permit the installation, repair aad sales oi mobile telaghones as :t conditional use in th: [~L 'Limited IndusLrial,' 2one. AC?':"vN: Commissioner Fry offeted a motion, ~econded by Co~m,ission~er derhst ard MOTION CARRIEll (Commissioner Messe a~bsent) that Che Anaheim City P.lanning Commi.ssion does hereby recommend k!ial• c,ity Council amen: Section. 18.61.050 to pc::ait the ~nstallatian, repair anc: ^a~es of mobile telephones as a conditional use ir, the M;, Zo.r.a. B. NUNC PRO TUNC - Req.,est foz a nunc pro tunc eesolution amending PC86-281 perta~ning to Variance No. 36I5, pcc?perty located at 1811 W. Lincoln Avenue. 12/8/86 ~ } MINUTES ANAHEIM CITY PLANNING COMMISSION DECEMBER a iya~ 86-a30 ACTION: Commissioner La Claire offered Resoluti~n No. PC86-311 and moved fot its passage and adoption that the Anaheim City Planning Commission does heteby amend Resolution No. PC86-281 nunc pro tunc pertaining to Vatiance No. 3615. On roll call, the foregoing resolution was passed by the L•ollowing vote: AYES: BOUAS, FRY~ HERBST, LA CLAIREi LAWICKI~ MC BURNEY NOES: NONE ABSENT: MESSE ADJOURNMENT: The meeting was adjourned at 5:40 p.m. Respectfully submitted, ~~l~~ ~ r~~~~ifiwi ~v Edith L. Ha~ris, Secretacy Anaheim City Planning Commission ELH:lm 0235m 12/8/86