Minutes-PC 1987/06/08,k
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REG~'U~LAR MEETING 0[~ THE ANAHEIM CI'L'Y PLANNING CUMMISSIUN
MINU'P3S - June 8,_1987
The regular meeting of the Anaheim Cicy Planning Commission was called to
order by Chairmum McBngnpresenti,.andathe/Commission9reviewedhplansnoflthe
Chamber, a quor
items on today's agenda.
RECESS: 11:30 a.m.
RECOtdVENED: 1:30 p.m.
PRESENT: Chairman: McBurney
Commissioners: Rouas, Fry, La Claire,
Lawicki, Messe
ABSENT: Commi.ssion~~rs: Herbst
ALSO PRESENT:
Annika santalat~ti
Malcolm Slaughter
Jay 'r+tus
Paul ~inger
Debbie Fank
Debbie Vagts
Greg tiastings
Leonard McGhee
Edittr Harris
Zoning Administrat~~r
Deputy City Attor~rey
Office Engineer
Traffic Rngineer
Assistant Traffic Engineer
Leasing Supervisor
Senior Planner
Associate Planner
Planning Commission Secretary
AGENDA POSTING - A complete copy of tt:e Planning C~mmiss:on agenda was posted
at .15 a.m., Jurre 5, 1987, inside the foyer windows and in ttrP a:splay case
located in the lobby of the Council Chamber.
MINUTES FOR APPROVAL - Commissioner Fry offered a motion, seconded by
Commissioner Lawicki and MOTION CARdIED (Commissio~rer HaCOVedaasesubmittedthe
m:nut.es of the meetings of April 20 and 7.7. 1987, be app
PUBLIC_'.NPUT - Chairma'~ MoSurney ext~lainnd a'~ the enc' of the ayenda any member
of the public wo~he planninge~Con~,issionsscrnanyaagendaf itenerest within the
jurisdiction of
ITEM N0. 1 SIR NEGATi~d DE:.LARATION AND COND ".IONnL USE PERMIT N0. 2910
PUBLIC BEARING. OF" •.S: ASNAUK RASTE C~sRa, rATtanaula0rlyNshaped~ parceleof
Anaheim, CA 92805. Property described
land consisting of approximately 0.21 acre, 1108 North Acacia Street.
'Po permit a child day-care facility for a maximum of 24 children.
Continued from the meeting of Mny 11, 1987.
-427- 6/8/87
MINUTES-, ANAHEIM CITY PLANNING COMMISSION, JUNE 8, 1987 87-4 8
It was noted the petitioner had requested a continuance in order to submit a
revised plan depicting an on-site loading and uryloading area.
ACTION: Commissioner Bouas offered a motion, sec~~nded by Commissioner Messe
and MOTION CARRIED (Commissioner Herbst absent) that consideration of khe
aforementioned matter be continued to the reyularly-scheduled meeting of June
22, 1987, at ttre requesl• of the petitioner.
ITEM N0. 2 EIR NEGATIVE DECLARATION, RECLASSIFICA'PION N0. 86-87-31. AfiD
VARIANCE N0. 3661
PUE3LIC HEARING. OWNERS: STEVEN MURPt+. KATHRYN L. MURPHY, 10201 Cowan
Heights, Santa Ana, CA 92705. AGENTS: PkiI[,LIP CASE, 1249 "A", E. Imperial
Highway, Placentia, CA 92670. Propert; described as an irregularly-shaped
parcel of land consishing of approximately 0.'I3 acre, 2433 West Li~:oln Avenue.
RS-A-43,000 to RM-1,200 or a less intense zone.
Waiver of maximum building height to construct a three-story, 26-unit
apartment complex.
TI',are was no one indicatiny their presence in ~~pposition to subject request
and although the staff report was not read, it is referred to and made a part
of the minutes.
Commissioner La Claim declares a conflict of interest as defined by An~+heim
City Planning Commission Resotutiun No. FC76-157 adopting a Conflict ui
Interest Code for the rlanning Commission and Government Code Section 3625, et
seq., in that the applicant contributed to her recent campaign and pursuant to
the provisions of the above Codes, declared to the Chairman t;+at she was
withdrawing from the hearing in connection with above-mentioned petitions, and
would not take part in either the discussion or the voting thereon and had not
discussed this matter with any member of the Planning Commission. Thereupon
Commissioner La Claire left the Council Chamber.
Phillip Case, agent, 1'l49 E. Imperial, Placentia, explained this is :+ request
for a zone change and that he now owns this property and the property is
cc.~npatible for apartment use. He stated this is a 2-story project over a full
parking structure which :~ 5 feet below grade which provides a secure building
with 37$ lot coverage. He stated they are requesting a waiver of the recent
Council action redefining this type structure to a 3-story building, and also,
a technical waiver is involved for the building within 150 feet of a
residential zone. He explained there is RS-A-43,000 zoned property adjacent
to their property on the east and is currently used as a parking area for the
mortuary, so there is no resi~ential structure on that property. tie pointed
out the landscape plan and front elevation are colored to show the type of
project proposed.
Kathleen Hennings, 203 N. Ranchito, Anaheim, stated she is concerned about the
density of the neighborhood because there is a lot of building going on and
since traffic on Lincoln is really bad. She explained she just found out
about this meeting this morning and wanted to say that she and her neighbors
are concerned about the density and traffic. She pointed out a recent 3-story
apartment project on the south sire of Lincoln constructed by The Xoung Lion
6/8/87
87-429
1987
MINU~ ANAHEIM CITY. PUANNING COMMISSIGN, JUNE 8
Deve!oi~ment Company, and anothec one about one quarter of a mile south on
Broadway.
Tula PUBLIC HEARING WF,S CLUSEn.
t•.his Property and is
Mc. Cade stated there is ~' ]Ottatedrtrefintendsrto keepincoln Avenue wits
several traffic signals. Ne s
concerned about what happens on i.incoln and owns the four build ngs
to the west of this property. •'!e s`al'ad this nice h°mnronyLincoln
immediately
development and will offer the apartment residents a ~cr
Avenue.
Commissioner Mesae asked the difference between a commercial and residentia me
t TraECic Enyinc:er, stated the
trip end count. Debbie Fank, Assist but t•he concern is the t.i
difference is not significant in terms of vo ume,
s. She stated Lincoln Avenue
of •~Qy that the traffic would oe on the roadway
is a major arterial highway and neither a commercial or residen~:sal ra~3e would
make a significant impact on the stree .
offered a rnoti~n, seconded by Commissioner Bouas and
AC`rION: Commissioner Ery planning
subject property from
MOTION CARRIED (Commissioner HerosalatoPrc.clasaifyhc Anaheim C~.tY to
Commission has reviewed the prop
R5-A-43,000 (Residential, Agricultural) zone and CL (Commercial, Limited
the RM-1200 (Residential, Multiple-Fami.y) Zone to construct a 3-story,
26-unit apartment complex wish waiver of maximum buroximate.lygOt73nacee,
irregularly-shaped parcel of land consisting of aPP
a frontage of approximately 78 fQet on the north side of LincCOVeAtheuP
having
and further described as 2433 W• t/thatl itAhasuconsideaedstherNegatPpe
Negakive Declaration upon finding the public review
Declaration together with any comments received during
on the basis of the Initial Study and any comments
process and further finding
received that there is nu snbironment•evidence trot the proj2ct•. will gave
significant effect on the a assage and
Cc.~mmissioner Fry offered Resolution No. PC87-i20 and moved for scant
adoE~tion that the Anaheim City "lanning Commission goes hereby g
Rcclassifi.cation No. 86-87-31 unconditionally.
On roll call, the foregoing resolution was passed by the following vote:
AYES: 8OUAS, ERY, LAWICKI, MC F3URNEY, MESS F,
NOES: NONE
ABSENT: HERBST, LA CLAIRE assage and
Commissianer Ery offered Resolution No. PC87-121 and moved for its p
adoption that the Anaheim City heabasis thatlthe~e a~esspecial circumstancese
No. 3661 on the basis that such as size, shape, topography, location and
appl,.cable to the Property 1 to other identically zoned property 'in the
sucroundinns which de not aPP Y lication of the Zoning Code deprives the
same vicinity; and that strict app
rivileges enjoyed by other properties in the identical zone an
property of p and subject to interdepartmenta]. Committee
classifi~:ation in the vicinity
recommendation.
6/8/87
.. -•
MIN'IES. ANAf'EiM CITY PLANNING COMMISSION, JUNE 8~ 1987 _ 87-430
On roll call, the foregoing resolution was passed by the following vote:
AYES: BOUAS, FRY, LAWICKI, MC BURNEY, MESSE
NOES: NONE
ABSENT: HERBST, LA CLAIRE
Chairman McBurney complimented Mr. Case on his developments along Lincoln
Avenue.
Ma.lcoim Slaughter, Deputy City Attorney, presented the written right to appeal
the Planning Commission's decision within 22 days to the City Cu urici.l.
ITEM N0. 3 EIR NEGATIVE LECLARATIUN AND CONDITIONAL USE PERMIT N0. 29?4
PUBLIC HEARING. OWNERS: CHARLES H. PHILLIPS AND LINDA PHILLIPS, 411 N.
Lakeview Avenue, Anaheim, CA 92807. Property described as a
rectangularly-shaped parcel of land consisting of approximately 2.1 acres,
5475 East La Palma Avenue.
To permit a child day cace facility in conjunction with a proposed industrial
medical. clinic.
There was no one indicating their presence in opposition to subject request
and although the staff report was not raad, it is referred to and -nade a part
of the minutes.
:'ommissioner Messe declared a conflict of interest as defined by Anaheim City
Planning Commission Resolution No. PC76-157 adopting a Conflict of Interest
Code for the Planning Commission and Government Code Section 3625, et seq., in
that the petitioner was one of his clients and pursuant to the provisions of
the above Codes, declared to the Chaicman that he was withdrawing from lye
hearing in connection with Conditional Use Permit No. 2914, and would not take
part in either the discussion or the voting thereon ~~~d had not discussed this
matter with any member of the Planning Commission. Thereupon Commissioner
Messe left the Council Che~mber.
Robert Mersky, 5795 Stratmore Avenue, Cypress, representing Anaheim Hills
Medical Group, stated this request is a result of recent City Council action
permitting day care facilities in the industrial zone.
THE PUBLIC HEARING WAS CLOSED.
Chairman McBurney asked if this facility will be open for people other than
those who work in the immediate acea. Mr. Mersky stated the specific intent
of the day care center and sick child day care center is a part of an
occupational health complex and is intended to help attract industrial and
medical businesses and services to this project and they wculd use tl-,eir
limited space for 88 children of the people who work at those businesses;
hocvever, they thought it would be very awkward to refuse the service if a
person working in the area was moved to aciother location, but the full intent
would be to use the full 88 spaces to build their relationships in the
industrial community and to provide an amenity to the members and employers
who work in the ar.~a.
6/8/87
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MINUTES, ANAHEIM CITY PLANNING :OiiMIS5I0N1_.JUNE 8, 1987 87-431
Responding to Commissioner f~a Claire, Mr. Mecsky stated he has been in the
health care administration siness Eor a long time and in the last two years
has tried to put together a state of the art concept for occupational health
care which goes beyond the small urgent care clinics and that the demands of
the employees today require m~~^h more comprehensive service and the services
at this location will include a full multi-specialty group with primary care
physicians, ~pecl.alists, diagnostic referrals, etc. and this will include
pre -employment screening, vocational retraining, eta. tie explained they fee].
this will reduce costs and speed up employment hiring and get retrained
workers back on file job. E3e stated they will also include acute pt~ysica.l
tt~ecapy and rehabilitation services, ekc. He stated thin is not an HMG
program, etc., but is a fully independent medical group and related services.
Commissioner Bouas asked about the number of children. Mr. Mersky responded
the capacity is for 88 students, plus the non•~sick children Facility. He
explained the non-sick child care would have a capacity for about 5 children.
Commissioner Bouas sated sloe thought the City Council approval was for 3
day-care facility in connection with the primary business and not Eor other
children in the area. Mr. Mersky stated tie Feels what they are proposing is
consistAnt with the City Council approval and they did not put a specific
restriction nn the use, in other zones, but did for the Canyon Industrial Area
and they are prepared to operate and promote their child-care facilities
within those guidelines and there was no restriction as to the facility being
controlled for one emp:oyer. lie stated he was sure there will be individual
cases, especially with the sick-child care since it is the only one in the
entire City, when people who do not work in the immediate area will want to
bring their. children, and he Eelt it would be very awkward to refuse service
to those people. Commissioner Bouas agreed it would be awkward and suggested
maybe this is not ~he right location .for this use.
Mr. Mersky stated their idea is to offer the service to their employers and
one major employer could fill the whole facility with very little room left
over for other people working in the area. Commissioner Bouas stated she
would want the use restricted to those people working in the area.
Malcolm Slaughter stated the Code amendment .s to allow day care as a
permitted accessory use to a primary use in the ML Zone and the problem in
this application is whether this is, in Pact, a permitted primary use with a
hospital oc medical clinic for industrial uses. He stated the testimony given
to the Redevelopment Commission was that medical services would be provided at
this clinic, not only for the employee, buy- for their families which would be
a health plan available to employees and their families. He stated the
question is whether this is a primary permitted urn of the Code and if it
isn't, this cannot be a permitted accessory use.
Mr. Mersky stated he was rot notified of that Redevelopment hearing. He
explained the medical group is the primary use and it is intended to service
the industrial community and r~fer.red to existing industrial clinics. He
stated all industrial clinics have a certain amount of private patients,
6/8/87
.. `i"-
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87-437.
MINUTES, ANAHEIM CITY PLANNING COMMI3SION,_IUNE 8 1987
Malcolm Slaughter asked if the information given to the Redevelopment
Commission was incorrect. Mr. Mersky stated he was not present at that
meeting and did not know what information was given. Malcolm Slaughter stated
the impression given to the Redevelopment Commission was that the employee, if
he was a member of the clinic, could also have his family receive service.
Mr. Mersky stated ik is difficult to refuse service to members of the family
of the employees. He stated his experiefamilies canlreceive/services with
Kaiser, is that the members and members
throughout the whole area and many employees like to use the clinic closest to
where they work and if the families do not rzside in that same area, they
usually would not drive to that clinic, but would use the one closest to where
they live. He stated there is a likelihood that an employee working in the
area would want Service and added this is not a membership clinic and
explained the basic concepts of the program.
Commissioner La Claire stated this use is certainly more compatible with the
industrial area than some of the commercial uses which have been allowed, such
as the Mercedes dealership. She stated she thought the day care center would
be utilized by those people who worked in the area and that this is a
conditional use permit and could be revoked. She added her only question
would be the need for the medical facilities in that location and the concern
would be the traffic, but thought since people using the facility would be
pact of the traffic anyway, she thought it would work.
Paul Singer stated the parents will have to sign the children in and out, so
there will be no curb-side drop off or pick-up area. Ho stated that would
certOVel~his uaeardHesaddedhhe wouldal~keltoobe assuredgthatmthe/parentslwillt
appr
be signing the students in.
Mr. Mersky staked they have allowed fcr a special drop-off area along the
entire length of the building where the parents will be able to park while
they are signing the children in and would not need to find a separate parking
space. Cor.*rissi.oner La Claire stated a condition could be added that the
parents a[e required to sign the child in inside the building.
Mr. Mersky stated there are state standards such as the size of the facility,
etc. and he has worked with an organization considered experts in this field
and they refuse to work in any situation which does not follow these
guidelines and he thought this would be a quality child care facility. He
added he has heard that it is desirable not to have infants be away from their
parents all day during the first 16 months of their lives and they expect to
have a program where parents would be able to come acid have lunch with their
children, especially with the infants.
ACTION: Commissioner La Claire offered a motion, seconded by Commissioner Ery
and MOTION CARRIED (Commissioner Herbst absent) that the Anaheim City Planning
Commission has reviewed the proposal to permit a child day care facility in
conjunction with a proposed industrial medical clinicroximatel 2.1 acres,
rectangularly-shaped parcel of land consisting of app Y
having a frontage of approximately 319 feet on the north side of La Palma
Avenue, approximately 760 feet east of the centerline of BrashEr Street and
further described as 5475 East La Palma Avenue; and does hereby approve the
Negative Declaration upon finding that it has considered the Negative
6/8/87
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MINUTES, ANAHEIM CI'PY PLANNING COMMISSION, JUNE 8~ 19 87 87-433
Declaration L•ogether with any comments received Burin g the public review
process and further Finding on the basis of the Initial Study and any comtr,ents
received that there is no substantial evidence that t hE project will have a
signifi~:ant effect on the environment.
Malcolm Slaughter stated staff i,s recommending a condition that the enrollment
shall not exceed 88 students and enrollment means th a number of children
signed up for the program, not neces3arily on site a t any one time, and asked
1E that is staff's intent. Mr. Mersky stated the majority of students will be
full time and the sick day care could he a different n umber every day and
responded to Commissioner Rouas that that mea,~s 88 wi 11 be the full time
students.
Paul Singer stated he has just heard something that concerns him re 1 acing to
the lunch period with parents having the privilege of visiting their children,
and iE one half of the parents came to the center, there could be a parking
problem since they only have 8 parking spaces Eor employees and apace for the
drop-off area. He asked where the parents would pack while they ace having
lunch. He stated they do meet Code requirement for parking, withou t a lunch
period problem.
Commissioner Fry stated it appears the use would not meet Code if parents are
there for the lunch period. Commissioner La Claire s tated 1E there are 88
parents involved and have the opportunity of having 1 unch wikh their children,
she thought maybe one or two would attend, but not everyone would a t tend.
Commissioner La Claire offered Resolution No. PC87-12 2 and moved for its
passage and adoption that the Anaheim City Planning Commission does hereby
grant. Conditional Use Permit tJo. 2914 pursuant to Anaheim Municipal Code
Section 18.03.030.030 through 18.03.030.035 and subject to Interdepartmental
Committee recommendations, including a condition tha t the maximum number of
students on site at any one time would be limited to 88.
Commissioner La Claire explained enrollment is different than the number of
students attending the facility and there could be 9 0 enrolled, but thece
could never be more than 88 at the facility at any on a time. Mr. Mersky
stated they never have 100$ occupancy.
On roll call, the foregoing resolution was passed by the following vote:
AYES: BOUAS, FRY, LA CLAIRE, LAWICKI, MC GURNEY
NOES: NONE
ABSENT: HERBST, MESSE
Malcolm Slaughter, Deputy City Attorney, presented th a written right to appeal
the Planning Commission's decision within 22 days to the City Council.
ITEM N0. 4 EIR NEGATIVE DECLARATION (PREV. APPROVED) CONDITIONAL USE PERMIT
N0. 2168 (READY.)
Public Hearing for Extension of Time. OWNERS: J. KENT BEWLEY, et a 1, 6217
Hill Avenue, Whittier, CA 90601. AGENT: CHAN-YONG K I M, 117 S. West ern Avenue,
Anaheim, CA 92804. Property is a rectangularly-shaped parcel of land
consisting of approximately 0.9 acre, 117 South Western Avenue (Mr. Chris's
Burgers).
6/8/87
MINUTES, ANAHEIM CITY PLANNING COMMISSION, JUNG 8, 1987 87-43d
Request for a 5-year extension of t. ime, retroactive to January 26, 1986, and
deletion of Condition No. 3 of Resolution No. 81-27 pertaining to re~Iuired
extensions of tlme to retain adrive-through restaurant with on-sale beer and
wine with waiver of minimurn distance of the drive-through lane.
There was no one indicating their presence in opposition to subject r~aquest
and although the staff report was not react, it is referred to and made a part
of the minutes.
THE PUBLIC HEARING WAS CLOSED.
Commissioner Fry stared he would approve this use for 3 years and not 5 as
requested and Chairman McBUrney concur red.
ACTION: Commissioner Fry offered Resolution No. PC87-123 and moved for its
passage and adoption that the Anah~ im City Planning Commission does hereby
grant an extension of time for Cond it.ional Use Permit No. 2168 for a period of
three years on the basis that this permit is being exercised in a manner not
detrimental to the particular area surrounding land uses nor to the publ.~c's
peach, health, safety and yeneral welfare, to expire January 26,_.2~3g0'.
~ j ~{'~
On roll call, the foregoing resolut ion was passed by the following vote:
AYES: BOUAS, FRY, LA CLAIRE, LAWICKI, MC HURNEY, MESSE
NOES: NONE
ABSENT: HERBS'P
Malcolm Slaughter, Deputy City Attorney, presented r;he written right to appeal
the Planning Commission's decision within ?.2 days to the City Council.
ITEM N0. 5 REPORTS ANA RECOMMENDATION'S
A. CONDITIONAL USE PERI4IT N0. 2595 -Request from General Partners of Villa
Nohl Plaza, LTD., for an extension of time to permit asemi-enclosed
restaurant with on-sale alcohol and with waivers of permitted sign
content, maximum number of sign display surfaces, required sign
placement, maximum sign area, maximum building height and required site
screening, property located at 505 S. Villa Real Drive.
ACTION: Commissioner Messe offered a motion, seconded by Commissioner
Bouas and MOTION CARRIED (Commissioner Ilerbst absent) that the Anaheim
City Planning Commission does hereby grant approval of extension of tune
for one year for Conditional :.lse Permit. No. 2595 to expire January 9,
1988 .
B. RECLASSIFICATION N0. 85-86-17 AND CONDITIONAL USE PERMIT N0. 2')50 -
Request from John R. Schantz for a retroactive extension of time in order
to comply with conditions, property located north of the northeast cornea
of Santa Ana Canyon Road and Imperial Highway.
Greg Hastings explained the conditions listed on Page 5-B (2) have not
been complied with.
6/8/87
MINUTEST ANAHEIM CITY PLANNING COMMISSION, JUNE 8~ 1987 87-435
ACTION: Commissioner Fry offered a motion, seconded by Commissioner
Bouas and MUTTON CARRIED (Commissioner Herbst absent) that Y.he Anaheim
City Planning Commission does hereby grant a one year extension of time
(retroactive to January 2U, 1987) to expire on ,lanuary 20, 1988, in order.
for the petitioner to comply with conditions of approval for
Reclassification No. 85-86-17 and Conditional Use Permit No. 2750.
C. GEAERAL PLAN AMENDMENT - Reyuest Erom Planning staff Eor an amendment to
tl:~ General Plan for an area on the southeast side of Ball Road and the
Orange (SR-57) Freeway.
Leonard McGhee, Associate Planner, presE~nted the staff report and
explained he wo~11d be happy to answer any questions.
AC'PION: Commissioner La Claire offered a motion, seconded by
Commissioner Messe and MOTION CARRIED (Commissioner Herbst absent) that
the Anaheim City Planning Commission does hereby institute a General Plan
Amendment for the area bounded on the north by Ball Road and on the south
by Sanderson Avenue, on the east by the Santa Ana River and on the west
by the Orange Freeway to amend the General Plan Land Use Element from
General, Industrial to General Commercial land uses.
PUBLIC INPUT: Nor-e
OTHER DISCUSSION:
A. Commissioner La Claire stated since it appears she will not be on the
Planning Commission for the next meeting, she wanted staff and other
Commissioners to know how nice it has been working with them through the
past twelve years and that stye will miss everyone and it has been a great
experience for her. She stated everyone is her friend and she hopes they
will always remain friends.
Commissioner Fry stated it is possible he will not be reappointed to the
Planning Commission and that he has never worked with a group of seven
people w}~o can agree to disagree as much as they have and still remain
the closest of friends. He complimented everyone on their homework and
their dedication to the City of Anaheim. He stated this staff is the
greatest staff he has ever worked with and in case he is not here, he
wished everyone well and thanked them fox their courtesy and kindness in
putting up with the Commissioners' idiosyncrasies, and for doing al.l the
work and letting the Planning Commission get al.l the credit.
ADJOURNED: The meeting was adjourned at 2:10 p.m.
Respectfully submitted,
~L~
Edith L. Harris, Secretary
Anaheim City Planning Commission
ELH:lm
0258rti
6/8/87