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Minutes-PC 1987/05/11REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION MINUTES - blAY 11, 1987_ The regular meeting of the Anaheim City Planning Commission was called to order by Chairman McBurney at 9:00 a.m., May .ll, 1987, in the Council Chamber, a quorum being present, and the Commission reviewed plans of the items on today's agenda. RECESS: RECONVENED: PRESENT: Chairman: Commissioners: ABSEN"1' ALSO FRESENT: Commissioners: 11:30 a.m. 1:30 p.m. McBurney Bouas, Ery, Herbst, Lawicki, Messe La Claire Annika Santalahti Malcolm Slaughter Jay Titus Debbie Eank Debbie Vagts Greg Hastings Leonard McGhee Edith Harris Zoning Adminisr.rator Deputy City Attorney Office Engine~c Assistant Traffic Engineer Leasing Supervisor Senior ^lannec Associate Planner Planning Commission Secretary AGENDA P_ OSTING - A complete copy of the Planning Commission agenda was posted at 8:30 a.m., May 8, 1987, inside the foyer windows and in the display case located in the lobby of the Council Chamber. PUBLIC INPUT - Chairman McBurney explained at the end of the agenda any member of the public would be allowed to discuss any matter of interest within the jurisdiction of the Planning Commission, or any agenda item. ITEM N0. 1. EIR NEGATIVE DECLARATION AND GENERAL PLAN AMENDMENT N0. 225 INIT.LATED BX THE CITY OE ANAHEIM, 200 S. Anaheim Bouleva:'~, Anaheim, CA 92805 To redesignate Fairmont Boulevard between La Palma Avenue and Santa Ana Canyon Road from a Hillside Secondary to a Hillside Primary Arterial Highway. Continued from the meeting of March 30, 1987 It was noted this amendment originally included West Street between Ball Road and Manchester Avenue to be added as a major arterial highway, but that portion of the request has been deleted. Leonard McGhee, Associate Planner, presented the staff report. 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. ~0255m 87-378 MINUTF.S- ANAHEI_,hS CITY PLANNING COMMISSION, MAY 11, 1987__.,,, 8_,,._.~ 3 ACTION: Commissioner Herbst offered a motion, seconded by Commissioner Messe and MOTION CARRIED (Commission~ac La Claire absent) that the Anaheim City Planning Commission has reviewsd the proposal to change the current designation an the General Plan of Fairmont Boulev ard, between La Palma Avenue and Santa Ana Canyon Road, from a Hillside Secondary A[tecial to a HIllside Primacy Arterial Highway; and does hereby approve the Negative Declaration upon finding that it has considered the Negative D eclacation together with any comments received during the public review process and further finding on the basis of the Initial Study and any comments receiv ed that there is no substantial evidence that the project will have a significant effect on the environment. Commissioner Herbst offered Resolutior. No. PC87- lOS and moved for its passage and adoption that the Anaheim City Planning Commission does hereby recommend to the City Council adoption of General Plan Amen drnent No. 225 -Circulation Element, Exhibit A, amending the map and text to redesignate Fairmont Boulevard between Santa Ana Canyon Road and La P alma Avenue fronia Hillside Secondary Arterial to a Hillside Primary Arterial . On roll call, the foregoing resolution was passed by the following vote: AYES: BOUAS, FRY, HERBST, LAWICKI, MC BURNEY, MESSE NOES: NONE ABSENT: LA CLAIRE Malcolm Slaughter, Deputy City Attorney, prese~.' ~.he written right to appeal L•he Planning Commission's decision within 22 days ~,~ the City Council. THE FOLLOWING ACTION WAS TAKEN AT THE BEGINNING OF THE MEE'PING. ITEM N0. 2 EIR NEGATIVE DECLARATION, WAIVER OF CODE REQUIREMENT AND CONDITIONAL USE PERMIT N0. 2898 PUBLIC HEARING. OWNERS: IRINEO YWIENCO AND CELE:TINA YWIENCO, 1941 E. Center Street, Anaheim, CA 92805. AGENTS: GEN E ICASIANO, 3460 Wilshire Blvd., A1.015, Los Angeles, CA 90010, CHRISTIAN R. QUIMPO, 2555 E. Chapman, Suite 712, Fullerton, CA 92631. Property described as an'irregularly-shaped parcel of land consisting of approximately 0..63 acre, 1941 East Center Street (Hacienda Christian Rest Home). To expand a rest home from a maximum capacity o f 32 persons to 46 persons with waivers of permitted location of parking spaces , minimum number of parking spaces and minimum rear yard setback. Continued from the meetings of March 16 and Apr it 13, 1987. It was noted the petitioner has requested that subject petition be continued to the meeting of June 22 in order to submit revised plans (including floor plane) of the existing facility (as well as the proposed expansion), and to submit a parking demand study to substantiate the requested parking waiver, and to correct outstanding fire code violations for the existing facility. 5/11/87 MINUTES, ANAaEIM CITY PLANNING COMMISSION, MAY 11~ 1987 87-394 ACTION: Commissioner eouas offered a motion, seconded by Commissioner Lawicki and MOTION CARRIED (Commissioner La Claire absent) that consideration of thQ aforementioned matter be continued to the regularly-scheduled meeting of June 22, 1987, at the request of ttre petitioner. ITEM NO. 3 ETR NEGATIVE DECLARATION, RECLASSIFTCATI.ON N0. 8G-87-33 AND VARIANCE N0. 3656 PUBLIC HEARING. OWNERS: KAZUMI HANANO AND RYOKO HANANO- 1?.61 N. Placentia Avenue, Anaheim, CA 92805. AGENT: MAGUY FIANNA, 4000 MacArthur Boulevard, $680, Newport Beach, CA 92660. Property described as a triangularly-shaped parcel of land consisting of approximately 0.46 acre, 1.261 North Placentia Avenue. RS- A-43,000 to RM-1200 or a less intense zone. Waiver of maximum structural. height and maximum site coverage to construct a 2•-story, 13-unit apartment building. The applicant was not present and this item was trailed and heard following Item No. 4 . There was two persons 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. Magdy Hanna, agent, stated this was a very difficult property to design because it is narrow. FaiL•h Foster, resident of the adjacent mobilehome park, asked that the block wa 11 which is now approximately five feet high be extended because it will. be useless next to the apartments. She added the existing wall needs to be repaired. She also asked if the parking will be underground, or if they will have single garages or carports and stated they have noise now from the street and the freeway, and have intruders in their backyards. She added the parkways have not been kept clean by the City of gnaheim. THE PUBLIC HEARING WAS CLOSED. Mr. Hanna stated they will he providing a six-foot high wall, and can increase the existing wall or build a new wall. He added this will be a good improvement over the existing use of the property. Responding to Chairman t4cBurney, Mr. Hanna stated there are windows facing the mobilehome park. Chairman McBurney asked if landscaping can be provided between the units in the patio areas. Mr. Hanna responded he thought that could be done. Mrs. Foster responded to Commissioner Bouas that the six-foot wall would be acceptable and she asked if there will be parking next to the block wall. It was pointed out the apartments will he next to the wall, and Chairman McBurney stated the apartments will be looking right into the mobilehome park. 5/11/87 MINUTES, ANAHEIM CI'PY PLANNING CUMMiSSIUN l4AY 11 198'7 87-395 Responding to Commissioner Bouas, Mr. Iianna stated he did not show these plans to t he mobilehome park owner, but that the -iotices of this hearing were mailed to everyone. He added this project has been very difficult to design because of the size and shape of the parcel. Commissioner Messe asked iE some type of screening could be provided on the windows on the north property line so the apartment occupants cannot look into the mobilehome park. Chairman McBur.ney suggested louvers of some type. Mr. Hanna stated they could provide some sort of screening on the windows. Commissioner Me:ise stated plantings in the 5-foot strip would help, and Mr. Hanna responded he would plant very large trees on that side which would block she view to the mobilehome park. Commissioner Herbst stated six patios would be overlooking the wall and suggested they be reversed. He added he realizes this a problem parcel to develop, but thought something could be done. He added even though that is a mobilehome park adjacent to this property, those are single-family residents and deserve the same protection. Commissioner Fry stated other projects have been approved with tt~e louvers. Commissioner Herbst stated he dial not think six patios should be allowed to overlook the wall to the mobilehome park and something solid should be required. Chairman McBurney suggested reversing the units with patios towards the front rather than overlooking tt~e mobilehome park. Commissioner Lawicki suggested staggered slats which would still allow light and air circulation. Commissioner H°rbst stated he would like to see the plans because the patios could be designed in a way that they would not be usable. He added large trees should also be planr_ed and added the project should be developed in a manner so as not to interfere with the neighbors. Mr. Hanna asked that that be included as a condition of approval. Chairman McBUCney stated he did not think the Commission has to see the plans and they could be approved by staff. ACTIOt7: Commissioner Fry offered a motion, seconded by Commissioner Lawicki and MOTION CARRIED (Commissioner La Claire absent) that the Anaheim City Planning Commission has reviewed the proposal to rec:lassif.y subject property f.r om the RS-A-43,000 (Residential, Agricultural) zone to the RM-1200 (Residential, Multiple-Family) zone to construct a 2-story, 13-unit apartment building with waivers of maxittium structural height and maximum site coverage on a triangularly-shaped parcel of land consisting of approximately 0.46 acreo having a frontage of approximately 290 feet on the northwesterly side of Placentia Avenue, and further described as 1261 North Placentia Avenue; and does hereby approve the Negative Declaration upon finding that it has cansideced the Negative Declaration 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. 5/11/87 MINUTES, ANAIiF.IM CITY PLANNING COMMISSION, MAY I1, 1987 87-396 Commissioner Fry offered Resolution No. PC 97-106 and moved for its passage and adoption that the Anaheim City Planning does hereby grant Reclassification No. 86-87-33 subject to Interdepartmental Committee Recommendations. On roll call, the foregoing resolution was passed by the followin~a vote: AYES: BOUAS, FRY, HERBST, LAWICKI, MC BURNEY, MESSE NOES: NUNE ABSENT: LA CLAIRE Commissioner Fry offered Resolution No. PC87-107 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby grant Variance No. 3656 on the basis that there are special circumstances applicable to the property such as size, shape, topography, location and surr~~undings which do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning Code deprives the property of. privileges enjoyed by other properties in the identical zone and classification in the vicinity and subject to Interdepartmental Committee recommendations; and further subjecr_ to the petitioner's stipulation at the public t~earinq to submit revised plans indicating the patios facing away Erom the mobilehome park r.o the north of subject property, and that all windows Facing west and nortt- shall be adequately screened to prohibit visual intrusion into the adjacent residential properties; ar~d to planting minimum 15-gallon trees in the 5-foot wide buffer on tt~e north and west property lines, and that a 6-foot high block wall shall be provided on the north and west property lines, and that said revised plans shall be approved by th Planning Department.. On rol..l call, the foregoing resolution was passed by the following vote: AYES: BOUAS, FRY, HERBST, LAWJCKJ, MC BURNEY, MESSE NOES: NONE ABSENT: LA CLAIRE Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal the Planning Commission's decision within 22 days to the City Council. ITEM N0. 4 EIR NEGATIVE DECLARATION, WAIVER OF CODE P.EQUIREMEtJT AND CONDITIONAL USE PERMIT N0. 2882 PUBLIC HEARING. OWNERS: DARLE HALE AND ROBERT R. ALLEN, 3910 E. Coronado, Unit B, Anaheim, CA 92807. AGENT: JAMES KINDERMAN, 3910 Coronado, Anaheim, CA 92807. Property described as a rectangularly-shaped parcel of land consisting of approximately 1.63 acre, 3910 East Coronado Skreet (Units F, H, I and J) . To permit a limousine manufacturing business with waiver of minimum number of par~'~n^ spaces. T' z no one indicating their presence in opposition to subject request and ''`sough the staff report was not read, it is referred to and made a part of the minutes. Jim Kinderman, agent, was present to answer any questions. 5/11/87 .' MINUTES, ANAHEIM CITY PLANNING COMMISSION, MAY 11, 1987 87-396 Commissioner Fry offered Resolution No. PC 87-106 and moved for its passage and adoption that the Anaheim City Planning does hereby grant Reclassification No. 86-87-33 subject to Intecdepartmenta.l Committee Recommendations. On roll call, the foregoing resolution was passed by the following vote: AYES: BOUAS, FRY, HERBST, LAWICKI, MC BURNEY, MESSE NOES: NQNE ABSENT: LA CLAIRE Commissioner. Fry offered Resolution No. PC87-107 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby grant Variance No. 3656 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 other identically zoned property in the same vicinity; and that strict application of t1~e Zoning Code deprives the property of privileges enjoyed by other properties in the id~:ntical zone and classification in the vicinity and subject to Interdepartmental Committee recommendations; and further subject to the petitioner's stipulation at the public hearing to submit revised plans indicating the patios facing away from the mobilehome park to the north of subject property, and that all windows facing west and north shall be adequately screened to prohibit visual intrusion into the adjacent residential properties; and L•o planting minimum 15-gallon trees in the 5-foot wide buffer on the north and west property .lines, and that a 6-foot high block wall shall be provided on the north and west property lines, and that said revised plans shall be approved by tl~ Planning Department.. On roll call, the foregoing resolution was passed by the Following vote: AYES: BOUAS, FRY, HER9ST, LAWICKI, MC BURNEY, MESSE NOES: NONE ABSENT: LA CLAIRE Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal the Planning Comm'_ssion's decision within 22 days to the City Council. I'T'EM N0. 4 EIR NEGATIVE DECLARATION, WAIVER OF CODE REQUIF.EMENT AND CONDITIONAL USE PERMIT N0. 2882 PUBLIC HEARING. OWNERS: DARLE FiAI~E AtaD ROBERT R. ALLEN, 3910 E. Corcnado, Unit B, Anaheim, CA 92807. AGENT: JAMES KINDERMAN, 3910 Coronado, Anaheim, CA 92807. Property described as a rectangularly-shaped parcel of land consisting of approximately 1.63 acre, 3910 East Coronado Street (Units F, H, i and J) . To permit a limousine manufacturing business with waiver of minimum number of parking spaces. 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. Jim Kinderman, agent, was present to answer any questions. 5/11/87 MINUTES, ANAHEIM CITY PLANNING COh1MISSION, MAY 11, 1987 87-397 THE PUBLIC HEARING VAS CLOSED. Mr. Kinderman responded to Commissioner Herbst that he had read the conditions and agrees with them. Commissioner Messe asked for ^larification regarding the difference between the industrial and commercial fee for the traffic signal assessment fee. Debbie Fank, Assistant Traffic Engineer, explained the difference is charged when the use is changed to a higher intensity traffic use. Commissioners Herbst and Messe did not think the use should be considered as a commercial use. Mr. Kinderman explained they purchase ttte vehicles and convert them and then sell them to other dealers. He stated in some cares they do sell to the public. Commissioner Messe stated in that case, this should be considered a commercial use. Commissioner Messe p,~inted out there can be no outdoor storage or any work performed on vehicles outside the premises. He explained he has been by the site and work was tieing performed on two .limousines outside. Mr. Kinderman responded in most cases the vehicles are worked on inside the premises and any work L•o be performed outside would be something that could be done in five minutes or less and the vehicles seen were probably from another use in the same complex, and L•hat he would not be working on the vehicles outride. ACTION: Commissioner Herbst offered a motion, seconded by Conunissioner Fry and MOTION CARRIED (Commissioner La Claire absent) that the Anaheim City Planning Commission has rev.tewed the proposal to permit a limousine manufacturing business with waiver of minimum number of parking spaces on a rectangularly-shaped parcel of land consisting of approximately 1.63 acres, having a frontage of approximately 207 feet on the south side of Coronado Street, approximately 702 feet west of the centerline of Van Buren Street, and further described as 3910 East Coronado Street (Units F, H, I and J); and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration 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 substantia] evidence that the project will have a significant effect on the environment. Dar le Hale, owner of subject property, referred to Condition No. 1 which requires that the two driveways be reconstructed to accommodate 10-foot radius curb returns and stated that poses a problem and they would like that requirement waived since traffic is not a problem. He explained reconstructing the driveways would require moving an existing street light and water meter and added this use does not really generate very much additional traffic. Commissioner Herbst stated he did not think reconstructing the driveways would be necessary, especially since the city meter and light standard would have to be relocated. He stated he was by the property and did not see a problem. 5/11/87 Y MINUTES ANAHEIM CITY PhANNING COMMISSICN,_MAY 11, 1987 - 87~, Debbie Fank, AssiRtant Traffic Engineer, stated Traffic Engineering staff would like that condition left in the approval and that they would work with the petitioner and possibly the cadius could be less than 10 Eeet. Mr. Hale stated he did not think that would accomplish anything and added the driveways accommodate the vehicles very well at the present time. Debbie !•ank stated the regrairement is not just for the volume of traffic, but is also to accommodate the longer vehicles. Mr. Hale added this is really not an intense use and traffic is not a problem. G~mmissioner Herbst agreed the reconstruction of the driveways is not really necessary and thrat he would delete that condition. tie pointed out the building was ori.ginal.ly constructed in conformance with the City requirements. Commissioner Herbst offered a motion, seconded by Commissioner Bouas and MOTION CARRIED that the Anaheim City Planning Commission does hereby grant walver of code requirement on the basis that r,he parking waiver will nok cause an increase in traffic ~_ongestion in l•.he immediate vicinity nor adversely affect any adjoining land uses and granting of the parking waiver under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. Commissioner Herbst offered Resolution No. PC86-108 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby grant Conditional Use Permit No. 2882, pursuant to Anaheim Municipal Code Section 18.03.03.030 through 18.03.030.035, and subject to interdepartmental Committee Recommendations, deleting Condition No. 1. On roll call, the foregoing resolution was passed by the following vote: AYES: BOUAS, I,RY, HERBST, LAWICKI, MC BURNEY, MF.SSE NOES: NONE ABSENT: LA CLAIRE Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal the Planning Commission's decision within 22 days to the City Council. ITEM N0. 5 EIR NEGATIVE DECLARATION AND_CONDITIONAL USE PERMIT NU. 2910 PUBLIC HEARING. OWNERS: ASNAUK RASTE GARi, ET AL, 1108 N. Acacia Street, Anaheim, CA 92805. Property described as a rectangularly-shaped parcel of land consisting of approximately 0.21 acre, 1108 Nocth Acacia Street. To permit a child day-care facility for a maximum of 'l4 children. Reza Gari, petitioner, stated she has 10 children and would like to expand adequate teachers and area for 24. a permit to have a day-care facility for it co 24 children and that she has Reza Afganhani stated he is a partner in this property and lives in the unit at the rear of the property. He stated he is concerned that. when the parents bring the children and drop them off, c.ney will block the gate he has to use to get in and out of his unit and that creates an inconvenience for him and he 5/11/67 .. ~ MINUTES, ANAHEIM CITY PLANNING COMMISSION, MAY .11, 1987 _ 87-399 is not being compensated foc the use of the yard. t!e stated they have also put in a fence and the City proposes to take 15 feet of the property. He added he was not notified of this until he received the card regarding this hearing. Ma. Gari stated they Dave already asked ttie parents not to park in front of his gate and they are very careful not to make any problems and she thought al.l the problems hs~d been resolved. Tt1E PUBLIC HEARING WAS CLOSED. Commissioner Messe asked how the children are dropped off. Ms. Gari responded they have a big driveway in front of the garage and that is where the parents drop off the children. She stated she rould create a circular drive in the front. Commissioner Messe stated they back out onto Acacia and this request is to double the number of children and he thought that would cause more problems. Ms. Gari explained there is an area in front. ~f the kitchen area where she could have a playground area. She responded to Commissioner Bouas and she is a partner in this property with Mr. Afganhani and tie Lives in the rear unit and she lives in the front unit and that is where the day-care center is located and that it. is a big property. Responding to Commissioner Bouas, Ms. Gari stated she dues not have the permit from the state for 24 students as yet, but thought she has adequate square footage and that she has 4 teachers and that is the requirement for 24 students. Commissioner Bouas asked where the teachers park. Ms. Gari responded they park on the driveway and that there is a two-car garage which is not used. Commissioner Fry stated he would have a hard time approving this request because he goes by that property every day and sees the problem with parents dropping off the children and it scares him the number of times he has seen the gars backing out onto Acacia and that he was surprised someone has not been killed and it is a very dangerous situation. Ms. Gari stated she could put in a circular drive, and Commissioner Fry stated he thought that would be dangerous for the children. Commissioner. Messe stated that would also eliminate a lot of the playground area. Ms. Gari added she could use the fenced area by the pool for a playground area. Debbie Fank, Assistant Traffic Engineer, stated if they could provide a circular drive, it would be better, but she thought it would be difficult to accomplish because of the size of the property and that it would be a very tight radius. She explained the parents are supposed to park the car and take the child inside and not just drop them of L•. Commissioner Herbst suggested increasing the number to maybe 18, but not 24. He stated from reviewing the plans, it appears they would be reducing the playground area with the circular driveway and asked if the driveway could be widened. S/11/87 ~ ... - ~,. ,~. ar MINUTES, ANAHEIM CITY PANNING COMMJSRIUN, MAY 1]., 1987 8400 Commissioner Meese orated he did not think he could vote for the approval of this request without the circular driveway. Commissioner Herbst stated he thought requesting 24 children is just overdoing it but that he would consider. a slight increase. Commissioner Fry stated he could agree with a reasonable compromise also. Commissioner Bouas stated the state would have some requirements regarding the playground size. Ms. Gari stated she is planning to have two classrooms and separate the older children and t.•hey will have breaks at different times. Stre stated she was not sure of the state requirement for playground size. Commissioner Herbst stated h1s. Gari needs to revise the plans to provide the circular driveway and also get approval from the state. He asked about the pool. Ms. Gari responded the pool is completely fenced. Commissioner Bouas stated she would like to see the state approval before approving this for 24 children. She asked how long the petitioner would need to revise the plans and get the state approval. Ms. Gari responded she was told to get the City's approval first. Malcolm Slaughter, Depuky City Attorney, stated there may be a state requirement to have ttie City approval first. Commissioner Herbst stated he would like to see what the state requirements are, if she cannot get the approval first. Commissioner Fry suggested Ms. Gari contact state licensing department. Paul Singer, Traffic Engineer, stated he thought the existing setback area is not large enough to permit a circular driveway because the garage and house would be too close, and there would not be enough space for one vehicle. Malcolm Slaughter stated there is an additional problem in that the City is requesting a 45-foot dedication which means after. dedication, only 10 feet would exist from the sidewalk to the front of the garage. Mr. Singer seated that is the area he is referring to; and that the requirement is for a irrevocable offer to dedicate which the City may accept at anytime. He stated this is a permanent use and if the owner improves the property to be dedicated and continues using it until it is accepted by the City, that could be a problem. Commissioner Fry stated that area will be used only for a driveway. Malcolm Slaughter stai.ed if the City accepted the offer, it could affect the entire dropoff area. Commissioner Herbst stated he would like to see revised plans, and Commissioner. Fry suggested a four-week continuance. Commissioner Bouas suggested Ms. Gari contact the State in the meantime to determine what the requirements are. 5/11/87 ._ •,~ ~: MINUTES, ANAHEIM CITY PLANNING COMMISSION, MAY 11, 1987 87-401 Annika Santa].ahti, Zoning Administrator, stated a copy of the state requirements could be provided for the Commissi.on's review. ACTION: Commissioner Bouas offered a motion, seconded by Commissioner Lawicki and MOTION CARRIED (Commissioner La Claire absent) that consideration of the aforementioned matter be continued to the regularly-scheduled meeting of June 8, 1987, in order for the petitioner to submit revised plans and additional information pertaining to State requirements Eor day-care center. ITEM N0. 6 EIR NEGATIVE DECLARA'PION ANU CONDITIONAL USE PERMIT N0. 29.11 PUBLIC HEARING. UWNERS: HAROLD BUTLER, ki. B. FOOD SERVICES, INC., 19455 Cajalco Road, Perris, CA 92370. Property described as a rectangularly-shaped parcel of land consisting of approximately 0.61 acre, 1040 North Magnolia Avenue. To permit on-sale beer and wine in an existing drive-through restaurant (Carmel's). There was one person 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. Harold M~•Grath stated he disagrees with the requirement to dedicate property because they would have to relocate their sign, reduce the landscaping and lose two parking spaces and right now they just meet the requirements. He stated the property directly south is a multi-family apartment complex which is built right to the property line and that dedication would cause a problem with the use of the property and be detrimental to their property. He slated Condition No. 2 requires driveway reconstruction and this i~ a similar problem. He stated there was a conditional use permit originally approved on this property on September 19, 1983, so this is a relatively new building and these requirements should have been placed on the project at that time. Mr. McGrath stated he would also disagree with Condition No. 7 regarding 12-foot high lighting and that the lights are probably exceeding that height now, but that is necessary for the safety of their patrons. He referred to Condition No. 10 and stated the previous use of that property was a miniature golf course and he did not think he could request termination of that permit and at the present time that property is developed with an 80-unit apartment complex. Chairman tdcBurney explained the r-ormal procedure is to request the termination of any existing permits on the property. Aubrey Pashley, owner of property on the corner of Magnolia and La Palma, stated she is concerned about the sale of beer and wine because she has been told this has become a dangerous neighborhood and they have had trouble getting employees at the Der Weinerschnitzel because of that and she is concerned about the safety of its employees and the persons who patronize the business. She stated it seems this would make a bad situation even worse. 5/11/87 --• MINUTE: ANAHEIM CITY Pi~ANNING COMMISSION MAY 11 1987 87-402 Mr. McGrath stated they have requested the sale of beer and wine because kheir business appeals to an older crowd and they did receive signatures from 1,574 persons requesting the sale of beer and wine, and 6 were opposed. He stated the beer and wine sales would amount to only 3$ of their sales. Carmen Espinoza, owner, stated the Police records will show there have been a lot of problems caused by the employees and customers of Wienerschnit2el and they have damaged all their lights and landscaping. He stated he employs a 1c': of people and if the sale of beer and wine is permitted, it will help the business, and that the beer will cost 1.75 to 2.00, so there will not be any young people purchasing it; and that he has installed more lights and the landscaping is taken care of and he tries very hard to take care of any problems. He stated approval of this request will not hurt the City and his property is clean and he has furnished the public the use of his restrooms. THE PUBLIC HEARING WAS CLOSED. Paul Singer, Traffic Engineer, explained the Critical IntersPCtion condition is to make an irrevocable offer to dedicate 12 feet on Magnolia for widening of the intersection. He explained an en~~ironmental impact report will rome out in the fall and City Council will hold a public hearing and make findings based on the EIR; and if that program is not implemented, this condition would become null and void. He stated this condition does not affect the property in any other way and is simply a requirement that an irrevocable offer to dedicate be made. He stated if the Critical intersection program is approved, following public hearings, and the findings of the EIP, are approved, the property owners will not be responsible for cel.ocating any improvements and that will be a burden on the City in the future. Mr. Singer referred to Condition No. 2 requiring 10-foot curb radius returns, and explained 1agnolia is a major arterial highway and all commercial driveways have this new standard. He stated that was a requirement of the originally approved conditional uge permit which was not complied with. Greg Hastings, Senior Planner, explained Condition No. 7 is a standard condition regarding lighting of a parking lot requiring that lights be no higher than 12 feet and be directed away from residential property and there is residential property to the south. He stated staff does n~~ have any information as to whether or not the lights are higher than 1~ feet at this time. Chairman McBurney stated these are standard conditions required on all properties and the only question relates to the driveway and that was a requirement on the prev~„us permit. Greg Hastings, Senior Planner, stated the permit to establish the drive-through restaurant was granted December 13, 1982. Mr.. McGrath stated he was rot aware of that requirement when they took occupancy of the property. Chairman McBurney added he did not think that is an unreasonable requirement and it was imposed on the previous permit holder. Mr. McGrath stated it will reduce the widening, parking and landscaping. 5/11/87 q. .~ MINUTES, ANAHEIM CITY PLANNING COMMISSIONS IMY ll., 1987 _ _ _ 87-403 Paul Singer stated the driveway reconstruction has nothing to do with the parking and landscaping and it is all in the public riytit of way. Mr. McGrath asked the cast of reconstructing the driveway. Mr. Singer responded he was not sure, but thought it was around 3,000.00. Mr. McGrath stated thak would be a burden and hardship placed on this business just for the privilege of the approval of the sale of beer and wine. Malcolm Slaughter stated the present restaurant I~as been conducting business pursuant to an existing Conditional Use Permit No. 2339 on which this very condition was required and until the conditions have been met, they were nat entitled to exercise the use granted under the terms of the permit, so it appears they Dave hen getting away with something for r~ long period of time. He stated the only way to adjust this would be for the ,;ommission to delete that requirement of the original permit. Commissioners Bouas and Messe stated the applicant indicated the lights ar.e higher tt~ari 12 feet at the present time. Commissioner souas asked if there have been any complaints from neighbors about the lights. Mr. Espinoza stated khey have not had any break-ins ain~e they installed the higher lights and that he was not q~+are of any complaints. Fred Hartmann, partner/developer of the adjacent apartment property, stated he was not. aware of the 10-fo~~t radius requirement for the driveways and these pc~:itioners did not know there was a previous requirement for that improvement. He stated the apartments to the sc~~th were built to the sidewalk and there is no setback. He stated he felt the dedication should be discussed when the City is ready to widen the street, and not in connection with a request like this. Commissioner Messe stated this dedication is being requested in connection with the Critical Intersection program being considered. Paul Si.nge,., Traffic Engineer, stated the critical intersection environmental i-npact report is going to address the various problems, one being these dedications, and this request is simply for an irrevocable offer of dedication. Mr. McGrath stated they will make sure the lighting does not affecl• the residential area. Greg Hastings stated this condition *equires that the lighting does not affect the adjacent residential areas. ACTION: Commissioner Fry offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (Commissioner La Claire absent) that the Anaheim City Planning Commission has reviewed tt~e proposal to permit on-sale beer and wine in ar. existing drive-through restaurant (Carmel's) on a rectangulaly-shaped parcel of land consisting of approximately 0.61 acre, having a frontage of approximately 166 feet on the east side of Magnolia Avenue, appr.oximatel.v 200 feet south of the centerline of La Palma Avenue and further. described a;~ 1040 North Magnolia Avenue; and does hereby approve the Negative Declarati.or upon finding that it has considered the Negative Dec.iacation together with any comments received during the public review process and f.ucther Fin~:.ng on the ;./07 ~. MINUTES, ANAHEIM CITY PLANNING COMMISSION MAY .11 1987 87-404 basis of t•he Initial Study and any comments re~r:ived that there In no substantial evidence that ttre project will have a significant effect on the environment. Commissioner Fry offer.:i Resolution too. pC87-lU9 and moved for its passage Pnd adoption that the Anaheim City Planning Commission does hereby grant Conditional Use Permit No. 2911, pursuant to Anaheim Municipal Code Section 18.03.030.030 through ].8.03.030.035, subject to Interdepartmantnl Committers recommenriations, except eliminating Condition No. 7, as long as the existing lighting does not affect the residential neighbors. On roll call, the foregoing resolution wa:s paHSt~d by the following vote: AYES: BOUAS, FRY, HERBST, LAWICKI, MC HURNEY, MESSE NOES: NONE ABSENT: LA CLAIRE Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal the Planning Cortrmission's decision within 22 days to the City Council. THE FOLLOWING AC'PION WAS TAKEN AT THE BEGINNING OF THF: MEETING. ITEM N0. '1 EIR NEGATIVE UECGARATIONr WAIVER OF CODE REQUIREMENT AND CONDITIONAL USE PERMIT N0. 2912 PUBLIC HEARING. OWNERS: HAVAUJIA HOLDINGS, INC., 4150 E. La Palma Avenue, Anaheim, CA 92807. Property described as a rectangularly-shaped parcel of land consisting of approximately 0.41 acre located at the southwest corner of La Palma Avenue and Richfield Road, 4150 East La Palma Avenue (Farmer Boy Restaurant). To permit a drive-thcouyh lane and on-sale beer in an existing restaurant with waiver of minimum number. o`_ parking spaces. It was noted the petitioner has requested a contir~ .once in order to submit a parking demand study. ACTJON: Commissioner Bouas offered a motion, seconded by Commissioner I,awicki and MOTION CARRIED (Cummissioner La Claire absent) that considecati~n of the aforementioned matter be continued to the regularly-scheduled meeting of May 27, 1987, at the request of the petitioner. ITEM N0. 8 EIR NEGATIVE DECLARATION AND CONDITIONAL USE PERMIT N0. 2913 PUBLIC HEARING. OWNERS: HENRY AND ALBERTA WELLS, H. L. WELLS PARTNERSHIP 3860 Sherman Street, San Diego, CA 92110. Property described as an irregularly-shaped parcel of land consisting of approximately 2.24 acres located at the southwest portion of the southerly terminus of Burton Place, 1414 Burton Place. To permit outdoor sale and rental of construction equipment with incidental parts sales and service with waivers of minimum landscaped setback and required site screening. 5/11/87 r, ~. MINU'"ES, ANAHEIM CITY PLANNING COMMISSIONS MAY 11, 187 _ 97'405 Michael Frazier, 18200 Yorba Linda Boulevard, Yorba Linda, repcesei~ting the new owners, explained this is a contractor's equipment business and they sell and possibly rent contractor's equipment and they are new products and they are displayed along one of the boundaries which has visibility from the freeway and one of the reasons fir purrhasing this property was the visibility. He stated there is a condition requiring slatting of the fence and that would limit the visibility of the equipment. THE PUBLIC HEARING WAS CLOSED. Mr. Frazier referred to Condition No. 15 requiring the 10-foot dedication adjacent to the freeway and explained it is near. the 91 Freeway and State Colleges ramp and that area is landscaped and maintainF~d by CALTRANS and this 10 feet of landscaping is not really necessary, and requested that condition be eliminated, Malcolm Slaughter, Deputy City Attorney, stated the Planning Commission can impose additional conditions above those required, and those required by the Building Code will be imposed, even if the Commission doesn't include them. Greg Hastings explained Condition No. 8 is discussed in Paragraph No. 15. Commissioner Herbst stated he thought the landscaping adjacent to the freeway is not necessary. ACTION: Commissioner Herbst offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (Commissioner La Claire absent) that the Anaheim City Planning Commission has reviewed the proposal to permit outdoor sale and rental of construction equipment with incidental parts sales and service with waivers of minimum landscaped setback and required site screening on an irregularly-shaped parcel of land consisting of approximately 2.24 acres located at the southwest portion of the southerly terminus of Burton Place, approximately 75U feet west of the centerline of State College Boulevard and further descrihed as 1414 Burton Place; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the 5asis 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 Messe stated if the equipment is really above the height of the fence and stated he did not see the hardship to allow such a waiver. Mr. Frazier stated the larger equipment is visible above the fence and they want it to be seen. Commissioner Herbst offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (Commissioner La Claire absent) that the Anaheim City Planning Commission does hereby grant waivers of Code requirement on the basis that there are special circumstances applicable to the properi~.y such as size, shape, topography, location and surroundings which do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity and subject to Interdepartmental Committee recom^~endations. 5/11/87 87-406 MINUTES, ANAFIEIM CITY PLANNING COMMISSION MAY 11 1987 , Commissioner Fry offered Resolution No. PC87-110 and moved Eor i~sanpassage and adoption that the Anaheim City Planning Commission does hereby g Conditional Use Permit No. 2913, pursuant to Anaheim Muni cipal Code Section 18.03 030.030 through 18.030.030.035, and subject to int a zr:partmental Committee Recommendations, eliminating Condition No. 8. On roll call, the foregoing resolution was passed by the following vote: AYES: BOUAS, FRY, HERBSTr LAWTCKI, MC BURNS`!, MESSE NOES: NONE ABSENT: LA CLAIRE Malcolm Slaughter, Depur-y City Attorney, presented the w rltten right to appeal L•he Planning Commission's decision within 22 day=. to the City Council. ITEM N0. 9 EIR NEGATIVE DECLARATION AND CONDITIONAL USE PERMIT N0. 2915 PUBLIC HEARING. OWNERS: HENRY W. H. YU AND VIVIAN SHA'vJ YU, 1800 W. Loop South, Suite 975, Houston, Texas, 77027. AGENT: Ei. TACO OF CA -CHARLES W. TWOGOOD, 7105 Paramount Boulev~.rd, Pico Rivera, CA 90660. Property described as a rectangularly-shaped parcel of land consisting of approximately 0.43 acre, 615 South Euclid Street (E1 Taco). To retain a drive-through facility and outdoor seating area Eor an existing walk-up restaurant. There was no one indicating their presence in opposit ~n to suuject request and although the staff report was not read, it is refer red to and made a part of the minutes. Jim Skaug, 275 Lower Cliff Drive, Laguna Beach, asked that Condition No. 7 be modified to allow the improvements to be ccmp=eted with in 180 days rather than 90 days because they have sc~~e conflicting schedules. Malcolm Slaughter stated Planning Commission can modify that condition. THE PUBLIC HEARING WAS CLOSED. ACTION: Commissioner Fry offered a motion, seconded b_y Commissioner Lawicki and MOTION CARRIED (Commissioner La Claire absent) that the Anaheim City Planning Commission has reviewed the proposal to retain a drive-through facility ,end outdoor seating area for an existing walk -up restaurant on a rectangularly-shaped parcel of land consisting of app, oximately 0.43 acre, having a frontage of approximately 121 feet on the west side of Euclid Street, approximately 190 feet south tai the centerline of Oran ge Avenue, andoverther described as 615 South Euclid SL•reet (E1 Taco); and do es hereby app Negative DeclaraL-ion upon finding that it teas consider ed the Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initia 1 Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. 5/11/87 .~ ,. MINUTES ANAHEIM CITY PLANNING COMMISSION MAY 11 1987 87-407 Commissioner Fry offered Resolution No. PC87-111 and moved for its passage and adoption that the Anaheim City Planning Commission does Hereby grant Conditional Use Permit No. 2915, pursuant to Anaheim Municipal Code Sections 1.8.03.030.030 through 18.03.030.035, subject to interdepartmental Committee Recommendations, witty modification to Condition No. 7, requiring improvements to be made with in 180 days rather than 9U days. On roll call, t h e foregoing resolution was passed by the following vote: AYES: BnUAS, FRY, I~ERBST, LAWICKI, MC BURNEY, MESSE NOES: NONE ABSENT : LA CLA I RB Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal the Planning C ommission's decision within 22 days to the City Council. ITEM N0. 10 REPORTS ANU RECOMMENDATIONS: E. PROPOSED CODE AMENDMENT - Request from Jim Shab, Global Telecommu nications, to amend the Code to permit the installation, repair and sales of mobile telephones as a permitted industrial use. It was noted this action was approved at the April 13th meeting with a motion and it should have been a resolution. ACTION: Commissioner Herbst offered Resolution No. PC87-1.12 and moved for its passage and adoption that the Anaheim City Planning Commission does clay ify land use regulations and determines that the installation, repair and sales of mobile telephones as a permitted arse in the ML zone is not appropriar.e. On roll c all, the foregoing resolution was passed by the following vote: AyE$: BOUAS, FRY, HERBST, LAWICKI, MC BURNEY, MESSE NOES : NONE ABSENT: LA CLAIRE Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal t h e Planning Commission's decision within 22 days to the City Council. PUBLIC INTEREST: There was no one present indicating a desire to speak. OTHER DISCUSSION: Chair man McBurney stated the Planning Commission has received a letter from the school district indicating their concern about the approval of additional apartment units because the movement of children in and out of the s ch ools is having an effect on their ability to provide proper education. 5/11/87 .~ ,~ MINU'PES ANAHEIM CITY PLANNING COMMISSION MAY 11 1987 87-408 Greg Hastings pointed out the Commission had '~~dicated a desire to meet at 9:30 a.m. at the next meeting in order t~ discuss Transportation Systems Management. ADJ OURNMENT: Commissioner Herbst offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (Commissioner La Claire absent) that the meeting be adjourned. The meeting was adjourned to 9:30 a.m., May 27, 1987. The meeting was adjourned at 2:50 p.m. Respectfully submDitted, G~;l~ v( ~~~qi Edith L. Harris, SecreL•ary Anaheim City Planning Commission 5/11/87