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Minutes-PC 1987/07/06._ ., r ~~ REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION MINUTES - July 6, 1987 The regular meeting of the Anaheim City Planning Commission was called to order by Chairman McBurney at 10:00 a. m., July 6, 1987, in the Council Chamber., a quorum being present, and the Commission reviewec9 plans of the items on today's agenda. RECESS: 11:30 a.m. RECONVENED; 1:30 p. m. PRESENT: Chairman: McBUrney Commissioners: t3ouas, Herbst, Messe ABSENT: Commissioners: none VACAN'P SEAT: Three Vacant Seats ALSO PRESENT: Annika Sant~lahti Zoning Administrator Malcolm Slaughter Deputy City Attorney Jay Titus Office Engineer t4 ic}iaelyn Jones TraE E is Engineering Investigator Greg Hastings Senior Planner Edith Harris Planning Commission Secretary AGENDA POSTING - A complete copy oE• the Planning Commission agenda was posted at 4:55 p. m., July 2, 1987, inside the Eoye:: windows and in ttre display case located in the lobby of the Council Chamber. MINUTES FOR APPROVAL - Commissioner Bouas corrected the minutes of June 8, 1987, on Page 431 changing "non-3ick" child to "sick" child. Commissioner Messe offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (Commissioner Herbst abstaining and three vacant seats) that the minutes of the meeting of June 8, 1987, be approved as corrected. PUBLIC INPUT - Chairman McBurney explained at the end of the agenda any member of the public wou.id be allowed to discuss any matter of interest within the jurisdiction of the Planning Commission, or any agenda item. RLECTION OF OFFICERS: CHAIRPERSON: Commissioner Herbst nominated Robert Messe as Chairman of the Anaheim City Planning Commission for the 1987-88 year. There being no further nominations, the nominations were close~3. ACTION: Commissioner Herbst offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (three vacant seats) that Robert Messe be elected Chairman of the Anaheim City Planning Commission for the 1987-88 year. -46 3- ,„ .o- MINUTES, ANAHI.IM CITY PLANNING COMMISSION JULY 6 1987 87-464 CE{AIRMAN PRO _'PI:MPORE: Commissioner Messe nominated Mary Bouas ate Chairman Pro Tempore for the 1987-88 term. There being no fut.t}rer nominations- the nominations were closed. AC'E`ION: Commissioner Messe offered a motion, seconded by Commissioner Herbst and MOTION CARRIED (three vacant seats) that Mary Bouas be elected Chairman Pru Tempore of the Anaheim City Planning Commission Eor the 1987-88 year. The applicant was not present and Item No. 1 was heard following item No. 3. ITEM N0. 1 EiR NEGATIVE DECLARATION RECLASSIN'iCATION N0. 87-88-01 WAIVER OF CODE REQUIREMENTS CONDITIONAL USE PERMIT N0. 2920 PUBLIC HEARING. OWNERS: I-IISIUNG KUO ANU SCHUCHItI LIAO KUO, 10650 E1 Toro Avenue, Fountain Valley, CA 92708. AGENT: ANEISIUNG HENRY EiSU, 15761 Pasadena, Tustin, CA 92680. Property described as an irregularly-shaped parcel of land consisting of approximately 0.81 acre, 1556 West Katella Avenue. RS-A-43,000 (Residential, Single-Family/Agriculltural) zone to the CL (Commercial, Limited) or a less intense gone. To permit a two-story, 50-unit motel with waivers of maximum structural height, maximum fence height and minimum .amber of parking spares. There were approximately fifteen persons indicating tlie.ir presence in opposition to subject request and although the staff report was not read, it is referred to and made a part vE the minutes. Henry Hsu, agent, staled this property is roneci Re~identia.l, Agricultural and is designated on the General Plan for commercial uses and they are requesting a zone change and also a conditional use permit. He stated they are proposing a 10-foot setback to the single-family homes on the sou"!! and there will be no windows Facing the south, and they are proposing 45 parking spaces and Code requires 44. Richard Brenneman- 1846 Bayless Street, stated he dues have objections to the development of a motel on this property because there is already prostitution and dru3 traffic in that area and also there would be a lot of noise. Cynthia Brook, 1525 Nottingham, stated she lives in a townh~w se complex directly east of the proposed site and they feel a two-story motel would give the motel guests a view of: their backyards. She stated that could also be a site for prostitution since Anaheim does have quite a problem with that now and this property does back up to a school and is close to a nursery school. She stated there will be an increase in traffic and the proposed parking will be directly next to ttre parking spaces for ner comL:lex and she did not want to have a parking overflow into their area. She stated there are no gates to keep people from going onto L•heir property, and that it is surrounded on three sides by residential and she thought it should remain a residential area. She stated there are a lot of motels and they would like to keep the motels from moving further on down Katella. 7/6/87 MINUTES, ANAHEIM CITY pLANNI_NG COMMISSION, .JULY b ~ 1987 87-465 W illiam D. Remy, l54`.: W. Katella, stated his property is almost directly across from subject property and that he is concerned with the use as a motel and Celt it would become a residential apartment complex because it is not close to Disneyland or the Convention Center. Chairman Messe stated there are no kitchens proposed .in these units. Mr. Remy stated he would like to see the property remain residential or a different type of commercial use. Alma Decker, 1846 Eileen Drive, which is in the col-de-sac behind sut~ject property, stated she walks down Katella and Harbor frequently and has noticed some run-down motels in I:Fte area and [eels more motels are not needed in that area. She stated trafflc from West Street to the Santa Ana h`reeway is very heavy and the motels on the west side of ldest and Ninth will create more traffic. She stated getting out onto Katella from this street is bad now and this will increase that problem. She stated the run-down motels should be cleaned up. Patricia F3eatty, 1891 S. Flipper Drive, stated she recently read in the newspaper that Anaheim is having problems setting the motel roams r•^nted and she did not think another motel is needed. She stated there is one access in and out of that tract and that t}tey can hardly get onto Y.atella at times now and there are children playing in the area. Wayne Miller, 1896 l:lippen Drive, stated Bayless is the only access and making a right-turn out is a major problem; and t}tat he did r-ot think the property is large enough for a 50-unit motel. A.R. Robbins, 1771 Bayless, stated Anaheim is overbuilt with motels and hotels and traffic is very heavy and gettiny out onto Katella from Bayless is a problem. He stated that property is too small for a 50-unit motel and the area is getting over-developed and each project on Katella should be carefully reviewed, especially with the new Redevelopment Plan being proposed. George Pauly, 1852 S. Eileen Drive, stated he was concerned about the safety of the children. He stated if they do not provide adequate parking, he would be concerned about where the employees would park and asked how the delivery trucks would yet in. He stated he thought this would be a terrible traffic problem where there is already a traffic problem and people have been killed at Bayless and Katella and the City is putting in extra signals on Ninth and Katella. He pointed out there are traffic problems especially because of the Stadium, Convention Center, Disneyland, etc. and the traffic does back up right in front of their homes . Clair Holden, 1838 Eileen Drive, about tl stated that neighborhood does have a lot pride in their property and they feel it noise C•rom traffic and the swimming pool should not be allowed in this area. She area, the property values do go down. Free houses from suhj~:ct property, of retired people who take great is prime property and thought the and the confusion a motel would cause stated once a business goes into an 7/6/87 ~P ~b MINUTES. ANAHEIM CITY PLANNING COt~MISSION_~ ~JUI,Y 6L 1987 87-466 Harry Horwitz, .1837 Eileen, stated his property backs up to the proposed motel and he is the last speakar; however, there are many people who are working and could not attend this meeting. He added [)r. Shoonz asked him to represent her and she did submit a letter of opposition, He stated there is only one access to this whole area; howQVer, this is not: as seriour} as the safety of the children. tie staL-ed this is tl~e first he has seen of this proposal and there will be a r3wimminy pool adjacent to the sough and west property lines and the staff report indicates there will be trees planted adjacent to those property .lines. He stated there are many motels existing and many of them have permanent guests and a.9ded, he !s strongly opposed to the use, not only because of the druy and crime problems, but because of the safety of the children. He stated there is a nursery school across the street and the children are forced t:o walk in f.cont of this property to get to sctrool. Mr. Hsu stated they will be building the motel with first class materials and iE thls zone changes to commercial is approved, he felt there would be a commercial building on that site whictr could be worse f.or ttie neiyhborhr~d. He stated this motel would preserve the quiet and peace of the neighborhood and felt in the fur:ure, this property will be developed wir_h a commercial use. THE PUHLIC HEARING WAS CL4SL•'U. Commissioner Bouas asked if the n~~Lghbors were ever asked to look at the plans or meet with the owner. There was a negative response from rile audience. Commissioner Herbst asked the comparison of traffic trip end counts for a motel use and thp3e of apartment use. Michaelyn Jones, Traf.f is EngineF~r ing In~'estigator., stated shG did not h,3ve the exact information, but thought the parkiny requirements would be less than Eor an apartment. Commissioner Herbst stated he is concerned about ttie number of trips and how they ate calculated for an apartment compared to a motel. Commissioner Bouas stated she could not vote in favor of this project unless the petitioner met with the neighbors and they agreed. She added she did not think tics motel would impact the traffic as much as an apartment cumplex would, but this location is close to a school and she could understand the neighbor's concerns. Chairman Messe stated he thought this motel would be an infringement on the residential neighborhood and the pool is proposed adjacent to their area. He suggested moving the pool and the two-story building further away from the southern property .line. He asked if the applicant wishes to meet with the neighbors or to change his plans. Mr. Hsu stated he thought L•hey could offer another proposal and change the maximum height of the building a;rd move the swimming pool to another location. Commissioner Herbst pointed out in other locations where motels have abutted residential areas. they have allowed 20-foot setbacks from the property line with no visibility on that side of the unit into the neighbor's yards. He stated, however, he was not sure he would be in favor of a motel on this property and thought it was the wrong location. He suggested residential 7/6/87 fr M CITY P MISSION, .JULY 6, ly 7-467 units could be dc3veJoped by using a privar.e driveway= however, apartments would impact the area more than the motel, and he did i8tnotin~uitable for commercial uses. He stated he realizes this property homes, but did not th~ectionpteHewstatedethereuareeprobllems with thissplan provides adequate pro they should be resolved with the neighbors. Chairman Messe stated with a four-week continuance, to staff two weeks from Friday. Mr. Hsu responded and ttre plans would have to be that would be fine. ACTION: Commissioner tlerbsk. oEtered a motion, seconded by Commissioner 13ouas and MOTTON CARRIED (three vacant seats) that the Anaheim City Planning Commission does hereby continue consideration of the aforementioned matter to the regularly-o 9Qrutodcongider ~evisedsplansland,L•otmetet withetheoneighbors. petitioner in It was pointed out there will be no further notification to the neighbors and Commissioner Baum aatetto maketsureettcbmatteroLsdg my tloebeiheard~,nning Department on the RECESSED: 2:30 p. m• RECONVENED: 2:45 p.m. ITEM N0. 2 EIR_NEGATIVE DECLARATION, RECLASSIFICA'PION N0. 87-88-02 WAIVER OF COD IREMENT AND CONDI'PIONAL USE PERMIT N0. 2907 PUE3I,IC HEARING. OWNERS: JF:RAI~D STANLEY desccobedEas an irr.egular1y64haped Ash Street, Anaheim, CA 92805. Property parcel of land consigroadwaf andrAshmStreet84236sSouth Ashtstreetted at• the northeast corner of Y TZS-7200 r,o CO or a less intense tone. To permit office use of a residential structure .1ith waiver of minimum number of parking spaces. There were four oerY,°theistafEtreportewaspnoteread,nitpissreferred to andtmade request and alth ug a part of the minutes. owner, stated he request is for CO zoning on property located Jerald 5t•anley, ~~ at 236 South Ash Street. He explained th°y have arking4problemspandethataa an off ice for quite some ti~ae and have not had anHepstatecl he has another waiver of parking is reyu~sted at this time. alternative as indicated in the request. He stated he was sure there had been no complaints filed. He stated the staff report indicates L•hey have only one bathroom, i~ut there are two bathrooms. Mr. Stanley stated he was advorrunity staff that he should talk to his neighbors and lie but out oftaboutpl7 people to speak to his neighbors until Sunday afternoon, He stated he has remodeled he spoke with, only 3 did not give him approval. the structure and realizes the property is overbuilt, but he wants to build something the neighbors will be proud of and pointed out the property has beautiful landscaping. He stated he thought the description on the card which 7/6/87 ... MINl1TES. ANAHEIM CITY PLANNING COMMISSIrIN, JULY 6, 1987 87-468 was mailed ottt to the property owners was misleading and he plans no changes to the property except to change the zoning and make the use legal and there are no plans to remove the landscaping or to make any other physical changes. Joseph Feinberg, representing Alma Keller, the owner of the shopping center fronting on State College, stated Ms. Keller has stated that she and her tenants have had continuous problems with people using her parking on the corner property of Broadway and State College, even though she did put up signs and that the people have been going over a short wall to avoid the street and she is afraid tt~e lack of parking for this property will create more parking on her property. He stated Ma. Keller is def. finitely opposed to the waiver of parking being approved on this property. Kathryn Jahr, 219 Ash Street, stated she and several oti~er neighbors in that block are oppo:3ed to this reclassification and would prefer that it not be zoned commercial and feel the whole area should remain resident.•ial and they are cor::erned about ttte parking. She stated when the real estate office holds their meetings, there is an overflow of parking on Broadway and Ash and it is difficult for the residents t•o park in front of their own house. She presented a petition of people who live on thaL• street who are opposed to the reclassif ication. Mrs. Patterson, 222 S. Asti, stated she lives in the middle of the block and has a garage that: opens onto the alley and it is very difficult to get in now, and if this parking is allowed on tt~e corner, that it will be impossible. She si:ated there are a lot of children on that street and there is a lot of traffic. Mr. Stanley responded to Mrs. Kelley's objections and stated when he requested rezoning a number of years ago, she was the only opposition. He presented a letter written by his tenant in tl~e cornec building relating to parking because he knew that Mrs. Keller was going to be opposed. He read the letter indicating there is adequate parking and that he has never received a complaint from Mrs. Keller. Mr. Stanley stated he has had difficulty with one of her tenants changing his oil and dumping it in the planter and killing the plants; and that he has never been involved in the blocking of the alley from his property or tenants; however, it is difficult with Mrs. Kelley's tenants parking their vehi::le;: in a manner that protrudes into the travelway. He stated he could have gotten a list of names of people in favor, but that some people did indicate their approval on the plans. He stated he feels the building is an asset to the area. He added `here are a lot of expenditures he will have to accomplish this and it will be an increase in taxes. THE PUBLIC HEARING WAS CLOSED. Mr. Stanley responded to Commissioner Bouas that he is a realtor. Commissioner Bouas asked if he tells people he sells properties to that they can go ahead and use the property for anything, even though it might not be zoned for that use. He responded that he did not tell buyers that. Commissioner Bouas asked why he went ahead an:~ used his property in this manner. Mr. Stanley stated he owns the property across the alley artd though`. 7/6/87 ~ ~ :~ MINUTES, ANAHEIM CITY PLANNING COMMISSION, JUDY 6, 1987 87-469 at one time he might want to live there and realized it could be used as a home if this use is not allowed in this manner. He stated some of the Cll•y staff knew what he was doing and how he was using the property. He stated the structure could be used as a residence now, and that only his fami..ly is using the structure for offices. Commissioner Messe stated one neighbor indicated concern about the reclassification to commercial from residential since the whole block is zoned for residential uses. Mr. Stanley stated the residence is on Droadway which i.s a very busy street and that is detrimental to its use as a residence. He stated he did make a beautiful front so this :.•tructure will be an asset to tt!e neighborhood and they feel it•.s use as an off ice, is the only reasonable use oC- the pr ~perty. Commissioner Herbst stated Mr. Stanley has made that a commercial property on his own without any permits and practically every corner lot on State Colleye is still residential and the whole street is residential. He stated the petitioner has done a beautiful job, but an office does not belong in this location and approval would open the door for the whole area. He stated the only way he could consider reclassification would be after a General Plan Amendment hearing has been held in order to yet input from all the neighbors. El? staged the structure should be used as a residence and a commercial uff.ice does not belong in thls location and he iG opposed to the zone change from residential to CO because that would change the concept: of the whole area. Mr. Stanley stated a conditional urge permit would limit the use to an office co they could not use it Eor any other commercial use. Commissioner Mceurney stated he also feels this would be "spot" zoning and this is the wrong area; however, this is a beautiful building, but it is encroaching into the residential area. AC'PION: Commissioner hlcBurney offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (three seats vacant) that the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from the ^~-id00 (Residential, Single-Family) to the CO (Commercial Office acrd Professional) Zone to permit office use of a residential structure with waiver of minimum number of parking spaces or. an irregularly-shaped parcel of land consisting of approximately 8481 square feet, located at the northeast• corner of Broadway and Ash Street and further described as 236 South Ash Street; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the p~lblic 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 McBurney offered PC87-134 and moved for iL•s passage and adoption that the Anaheim City Planning Commission does hereby deny Reclassification No. 87-88-02 on the basis it would be "spot" zoning in a residential area since the rest of the block is zoned and developed with residential uses, and could set an undesirable precedent. 7/6/6 •e~ ~~ .;. MINUTES ANAHEIM CITY PLANNING COMMISSION JULY 6 1987 87-4~. 70 ..__ On roll call, the foregoing resolution was l>assed by the following vote: AYES: BOUAS, HERBS'P, MC BURNEY, MESSE NOES: NONE ABSENT: NONE VACANT: THREE Commissioner Mcl3urney offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (three vacant seats) that the Anaheim City Planning Commission does hereby deny the request, for waiver of Code requirement that the parking waiver will not cause an increase in tr.aEfi.c congestion in the imme~'iate vicinity nor adversely affect any adjoining land uses and granting of the parking waiver under the co^ditions imposed, if any, will not he detrimental to the peace, health, safety and general welfare of the citizens of: the City of Anaheim. Commissioner McBurney offered Resolution No. PC87-135 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby deny Conditional Use Permit No. 2907 on the basis that the request for Reclassification No. 87-88-02 to rezone the property to CO was deniad by the Planning Commission, and the use is not properly one authorized in the RS-7200 (Industrial, Single-Family) Zane would adver.se.ly affecL• the adjoining land uses and be detrimental to the area and to the and peace, health, safety and general welfare of ttie citizens of the City of Anatrei.m. On roll call, the Foregoing resolution was passed by the following vote: AYES: BOUAS, IiERBST, MC BURNEY, MESSE NOES: NONE ABSENT: NONE VACANT: THREE Malcolm Slaughter, Deputy Ci:.y Attorney, presented the written right to appeal the Planning Commission's decision within 22 days to the City .rncil. ITEM N0. 3 EIR CATEGORICAL EXEMPTION-CLASS 11 AND VARIANCE N0. 3670 PUBLIC HEARING. OWNERS: STATE Cnr.LEGE MEDICAL CENTER, INC., 215-8 N. Skate College Boulevard, Anaheim, CA 92805, ATTN: HERBER'P D. TARLOW, M.D. AGENT: SUNSET DESIGN ASSOCIATES, 317 Walnut Street, Costa Mesa, CA 92627, ATTN: HEATHER KEIR-FERRAS. Property described as an irregularly-shaped parcel of land consisting of appco:timately U.9 acre, 215 North State College Boulevard. Waiver of permitted business sign to construct a freestanding siyir. 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. Heather Keir-Perras, Sunset Design Associates, sL-ated this sign is needed because of the speed of traffic and the wall-mounted sign could not be seen and there is a problen, with people passing the building before seeing the 7/6/87 :,~ MINUTCS. ANAHF:?M CITY PLANNING_COMMISSIUN, ~tULY 6_, 1987 87-471 address. She stated there is a bus loading zone alon~a t:he entire frontage and that obstructs the view of the sign also. She stated the neighbors on both sides have freestanding pole signs. THE PUBLIC HEARING WAS CLOSI.U. Responding to Commissioner Mceurney reyarding signing in the CO lone, Trey Hastings, Senior Planner, stated the CU Zone does not allow any freestanding signs, but that wall signs are allowed. Chairman Messe stated there is no proh.lem seeing the sign yoing southt however, there is a south facing wall which can be Seen by the traffic traveling north aitd asked if it would be possible to place a sign on that wall. his. Kei.r-Perras stated at one time that was proposed, but the applicant really wanted something closer to the street. Stie explained to Commissioner Bouas that tl~e information on the sign ~.~i.ll basically be the same as iL• is now, but the applicant just wanted it to be double-sided so it can be seen from both directions. Commissioner t4cBurney asked iE the medical center on Euclid had had the same thing. Greg Hastings responded that was the CO Zone and the request was for a 15-foot high sign and it was freestanding. Commissioner Messe stated that was a different problem, but }ie thought using the south faciny wall which is at an angle to the traffic would provide yood visibility. Commissioner Eiecbst suggested a monument sign and stated he would not want to permit signs on State College that would make that area become ju.~t like the area around Disneyland. He stated he would like to see a plan showing a monument sign. Grey Hastings stated a wall siyn is permitted not to exceed 158. Ms. Keir-Perras indicated concern about the angle since the buses do block the Ant ice frontage. Commissioner Bouas stated they should get the addresses up so the people could see it. Ms. Keic-Perras stated she would like to have a continuance in order to meet w~.th her client to consider revised plans. Greg Hastings skated revised plans should be submitted to the staff by Friday. ACTION: Comm is~sioner McBurney offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (three vacant seats) that tt7e Anaheim City Planning Commission does hereby continue consic9eration of the aforementioned matter to the regularly-scheduled meeting of July 20, 1987, at the request of the petitioner to consider revlsed plans. ITEM N0. 4 EIR NEGATIVE DECLARATION AND CONDI':IONAL USE PERMIT N0. 2919 PUBLIC HEARING. OWNERS: VERNON W. MONROE, 5209 Bayshore Drive, Newport Beach, CA 92663. AGEN'P: FLEE'PCARE SERVICES, c/o 3030 E. Cardinal S*.reet, Anaheim, CA 92805. Property described as an irregularly-shaped parcel of land consisting of approximately 3.4 acres located at the southwest corner of Sequoia Avenue and Brookhurst Street, 2240 Sequoia Avenue. To permit an automobile repair facility. 7/6/87 MINUTES, ANAHEIM CITY PLANNING COMMISSION. JULY 6, 1987 ~ 87-472 There were two persons indicating their presence in opposition to subject request and althou~,~h the staf:l: report was not read, it is referred tJ and made a part of the minutes. Bob Hesse, agent, explained they propose to utilize the property at 2:.~0 Sequoia Avenue to conduct an automotive maintenance and repair Eaci.lit•y and they have the consent of the landowner to use this unit. He stated the unit will have doors on the north Eaciny tt~e railroad tracks and Sequoia Avenue and they do have access out that way. He stated they will do light to medium duty repairs and the vehicles will mainly belong to the Green i-lag Airport Shuttle and that company is alceady doing business in that building. Fte stated they may also yet: some light to medium duty vehicles or trucks, vane or pick-ups to repair. He stated this is primarl.ly to allow them l•o cio what they are already doing and their maintenance department will have a separate entity. Lynette Showalter, 931 Siesta Street, stated her property backs up to the existing commercial area and they already have plenty of traffic on their residential street and Eeel this will j:tgt create more traffic. She stated there are a lot of small children on that street which dead ends into Va1~91na whictr is a thoroughfare to Brookhurst Park and there is a lot of activity going on at that park. Kathryn Cottam, 916 N. Siesta, stated trer main concern is traffic with possible test driviny vehicles through the area. She stated they have a lot of small children in the area and she is also concerned about noise with reeving of engines. She added they have had a lot or' problems with noise from traE•Eic that is there now. Mr. Hesse stated they have access to their Eacil.ity off Brookhurst and Sequoia and primarily they will be doing business on vehi^les which are already there so the traffic will already exist in the area. He explained Green Flag has 16 vehicles and they have been there for sir. years. He added he understands the neighbor's concerns about the children and ghat most of the road testing will be done on Brookhurst and nol• through tt~e Siesta/Valdina area. ffe stated he is more than willing to make an agreement. to do all road testing in that direction and not through this neighborhood. He stated the doors face Sequoia and the Santa Ana Freeway, and they will be closed. Chairman Messe asked t}~at a stipulation be made the doors will always remain cloyed, which he did. THE PUBLIC HEARING WAS CLOSED. Commissioner Bouas asked if all work will be done inside. Mr. Hess responded it would. Responding to Commissioner McBUrrey, Mr. Hess explained they will mostly be servicing vans and possibly some automobile. and pick up trucks. Eje responded t•o Commissioner Herbst that he does not use a dynamometer because he has access to one in Santa Ana, and they will not be reeving the engines. 7/6/87 MINUTESr_ANAHEIM CITY PLANNING COMMISSION JULY 6 1987 87-473 RespondLng to Commissioner Roues, he stated their primary business will be from the Groen Flag Airport Shuttle Company. tle explained h~~ has bean their Maintenance Manager for several years and mast of the heavy duty maintenance work has bean done in Santa Fe Springs and they now have the landlord's permission to move that port ion of the business Into this f ac i.l ity if this permit: is granted. Commissioner McHUrney stated with the applicant's at• ipulation to ut;e t3rookhurst to road toss the vehlcles, he could vote for approval of this request. He stated the traffic is already L•here and this additional use will not create any additional burden on traffic. Commissioner Fterbst stated he would have no problem with approval of this reyuest and pointed out ir. is a conr]itional use permit and ran be revoked if there are problems. ACTION: Commissioner Herbst offered a motion, seconded by Commissioner McBUrney and MOTION CAR~tIED (three vacant heats) that the Anaheim City Planning Commisslon has reviearnci ttie permit an automobile repair facility on an irregularly-shaped parcel of land consisting o[ approximately 3.4 acres located at the southwest corner of Sequoia Avenue an9 Brookhurst Street anti further described as 2240 Sequoia Avenue; and doers hereby approve the Negative Declaration upon finding that it h:js considered the Negative Declaration together with a:~~ 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 pro jest will have a sign if scant effect on the environment, commissioner Herbst offered Resolution No. PC87-136 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby grant Conditional Use Permit No. 2919 subject to the petitioner's stipulation to that there will be no road testing of vehicles on ttie residential streets and all road test- ing will be done on Brookhurst and tt:at the rear doors f ac in~3 ttre resident iai area will remain closed a'-. all times and sub ject to Interdepartmental Committee rE:ommendations. On roll call, the foregoing resolution was passed by the following vote: AYES: BOUAS, HERBST, MC BURNF.Y, MESSE NOES: NONE ABSENT: NONE VACANT: THREE Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal. the Planning Commission's decision within 22 days t_o the City Council. ITEM NO. 5 EIR NEGATIVE DECLARATION AND CONDITIONAL USE PERMIT N0. 2921 PUBLIC HEARING. OWNERS: PAUL J. KNAAK AND RUTH E. KNAAK, 1751 skyline Drive, Santa Ana, CA 92705. AGENT: QUAKER STATE MINIT-LUF3E, 1905 E. 17th Street, X208, Santa And, CA 92701, ATTN: GLAIR DANL. Property described as a rectangularly-shaped parcel of land consisting of approximately 0.37 acre located at the northeast corner of Lincoln Avenue and Brookhurst Street, 2181 West Lincoln Avenue. 7/6/87 MINUTEST ANAHEIM CITY PLANNING COMMISSION, JULY 6, 1987 ~ 8,~ 7_,474 Tr,~. permi.t an automotive lul~r icat ing Eac it ity. T;~era wan no one ind scat my their and although the staff report way of the minutes. Blair Dahl, agent, explained they oil changes and r.hat type of ecru facility !n nnahe im. THE PUBLIC HEARING WAS CLOSED. pre3ence in opposition to subject request not read, it is referred to and made apart are proposing a 6-bay operation to do Cast ice and pointed out they have another Comrnlssianer McBurney stated this is the type of service that is becoming more and more needed because service stations do not provide those services any longer. He asked if. they plan to put in Home .landscaping. Chairman Meese asked about the time .1 imit for r..omply ing for the condition to terminate other conditional uye permits on the property and Greg Hastings explained that is covered in Condition pro. 14 requiring compliance with prior to the issuance of building perrnir_s or within a period of one year whlc}~ever occurs first. ACTION: Commissioner McHUrney offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (three seats vacant) that the Anaheim City Planning Commission has reviewed the proposal to permi.r, an automotive lut~ricating facility on a rectangularly-shaped parcel of land consisting of approximately 0.37 acres 1~. ed at the northeast corner of Lincoln nven::e and erookhurst Street and further described as 2181 West Lincoln Avenue; and does hereby approve the Negative Declaration upon find ing that it has considered the Negative Declaration together with any comments received during the public review process and further finding ors the basis of the initial Study and any comments received that there is no substantial evidence that the project will gave a signif icant Ff.fect on the environment. Commissioner McBurney offered Resolution No. PC87-137 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby grant Conditional Use Permit No. 2921 pursuant to Anaheim Municipal Code Sections .18.03.030.030 through 18.03.030.035 and subject: to interdepartmental Committee recommendations. On roll call, the c.,regoing resolution was passed by the following vote: AYES: BUUAS, {{ERBST, MC BURNEY, MESSE NOES: NONE ABSENT: NONE VACANT: THREF. Malcolm Slaughter, Deputy C•_y Attorney, presented the written right to appeal the Planning Com!nission's decision within 22 days to the City Council. 7/6/87 ,. ~~. ;, ~: MINUTES, ANAHEIM CITY PLANNING COMMISSION, JULY 6, 1987 87-475 ITEM N0. 6 EIR NF:GA'I'IVR DECLARATION ANU c;ONUITIONAL USE PERMIT N0. 2922 PUBLIC HEARING. OWNERS: SANTA FF t.ANU IMPROVEMENT CO., 3220 E. Imperial highway, Brea, CA 92621, A'tTN: RICK DF,L CARLO. Property describec9 as a rectangularly -shaped parcel of land consisting of approximately 10 acres located at the nnrttiwest corner of La Palma Avenue and Manassero Street. To permit industrially-related offlce uses. 'Ph ere 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. Rick Del Carlo, agent, stated they are proposing to Develop a 134,000-square Coot multi-tenant industrial park and ar.e rec;nesting a conditional use permit to service tl~e industrial users in the area and within ttie project such as secretarial services, personnel agencies, etc.. Fle stated that the intent is to develop an .industrial project and it will contain six one-story buildings and one mezzanine building. THE PUf3t.IC HEARING WAS CLOSED. Commissioner Mcl3urney stated in reviewing the list of uses, he Eelt they would servic^ the industrial community and he would have no problem with approval of this request. Commissioner Herbst stated he would have a problem and thought Eor an industrial complex, there is Ear too roach office space involved with 11,000 square feet of of f. ice space in Building No. 6, with 11,000 square feet of industrial space, which far excee~9s the normal amount of office space Eor an industrial complex. He added also the Planning Commission has approved many thousand square feet of office space in that area under :3imilar conditions and those buildings are still vacant. He added in order to preserve the integrity of the industrial community, more industrial cses should be approved, rather than office uses. Mr. Del Carlo stated he appreciates the comments and staff has been very sensitive to that. He stated they awn 180 acres right around that project called Santa Fe Corporate Center and it is their desire to continue to develop industrial projects. He stated they are not trying to ;:amouflage an off ice building and there will be truck doors in the rear and about 508 maximum improved space with a potential of. 100$ improved space, and because of the parking requirements, they can only accommodate about 67,000 square feet, and they do not want to have an office building. He stated they are trying to accommodate some of the uses which the Industrially-related people will need. Commissioner Herbst stated the 11,000 square feet of office space and 11,000 square feet of industrial space does not make sense. Mr. Del Carlo stated that is just a matter of. designation and that they were required by staff to specify where those potential industrial users would have to go and that is an example. 7/6/87 ~• ~. ~, MINUTES, ANAHEIM CITY PLANNING COMMISSION JULY 6 1987 87-476 Commissioner stated them is 70,000 square Feet of Industrial space and 63,000 square Ceet of office space and he would not consider that industrial. tfe stated he recognizes Santa Fe has owned that property Eor a long tme and it is very valuable land he felt they are trying tq change the use to offices because it does bring in mare money, but it is cutting the industrial uses down, and he tt~ought• that area is over-built with of E ices. Mr. Del Carla stated they are trying to have as mush E.lexihility with this project as passible; that there are other conditional use permits approved ancj one i3 down tt~e street on La Palma, just east of this property, wtrich is a two-story office building Eor industrially-related oEEice uses, and he would consider that an office building. E1 r. stated he wants to be able L•o accommodate those types of uses and feels it is a reasonable request. Commissioner Herbst asked why he needs two buildings Eor offices. Mr. Del Carlo stated it is just a matter of designation required by staff, and it dons not: mean that they cannot accommodate the inc9uc;trial users in those buildings, but does mean when an industrially-related user comes in, they hive to be located in those buildings spec if ied in this conditional use permit. Commissioner Mct3urney asked if there is a Code limit to sy,~ ire footage or percentage of the buildings Eor offlre space. Grey Hastings clarified he is talking about an industr.tal user which would nut rorne before the Commission. He explained ..he Code requires that it would have to be an accessory to the primary use, with the primary use being industrial and the accessory being ttie office, and ti~ere is no set standards except the accessory would be less than 50~; however, staff would look at the parking and typically there is not enough parking to accommodate that much office area. Commissiarier Mcaurney stated F3uil.dings 4 and 7 are 100$ off ice and asked if staff looked at the overall project as a percentage. Mr. Hastings stated if Commission were to approve L•his request, staL•f would look at. this exhibit to determine which areas could or could not have industrially-related offices and it would be limited in terms of square footage, as well as location in the complex. Commissioner lierbst stated he is very concerned with La Palma being one of the heaviest traveled streets in that area and oEEice space does require more parking spaces than industrial and that means a lot more traffic in that area. He stated some of ttre corners are saturated now, such as La Palma and Imperial, and if the area is developed with nothing but office uses, it will soon cause gridlock. ite stated this is industrial property and it has been industrial property ever since Santa Fe has owned it and now they ace converting f.t to oEEice uses; and that after these buildings are built, they are there forever and if they cannot rent them as proposed, they will be looking for other uses and that would be pure commercial. Ele stated he also voted against. some of the others which were approved in that area and they are not being rented because they are asking too much. (Mr. Del Carlo staled their rents will be 85¢ -90¢ per square Eoot, and Commissioner Herbst stated that is still too high, compared to industr.ial). 7/6/87 M. ~p MINUTES, ANAHEIM CITY PLANNING COMMISSIONr_JULY 6, 1967 8~-477 Responding to Chairman Meese, Mr. Del Carlo stated tuilding No. 4 could swing either way and the way it is designed, they ace only accommodating about 50~ buildout and the whole space is not designed for office intent. Fte explained the two-story building is only a mezzanine building, which means it is not a Eu11 two-story building. He responded to Commissioner Boras L•hat their company wi1.1 build and hold these buildings for their own accounts. Chairman Messe asked Itre status of the Northeast industr sal 'Praff is Study. Commissioner Herbst stated the nt-rdy was based on everything as zoned. Mr. Del Carlo stated they were before the City Council regarding parcelizing that property, and Paul Singer, Traffic Engineer. has reyuired a median and they addressed the traffic issue at that time, and the Willdan Traffic Study has not cn~ne out yet. Jay Titus, Office Engineer, explained the Willdan study is a study of medians on La Palma and it is due ro be completed in Octobec. He stated L•he general traffic study of the area was done some time ago and he was sure this property was considered as industrial property, as zoned at that time. Mr. Del Carlo stated L•hey addressed the traffic issues with t}re Traffic Engineer and believed they satisfied his concerns and that he felt comfortable with the project proposed. ACTION: Commissioner Bouas offered a motion, seconded by Commissioner Mctiurney and MOTION CARRIED (3 vacant seats) that Anaheim City Planning Commission has reviewed the proposal to permit industrially-related office uses on a rectangularly-shaped parcel of land consisting of approximately 10 acres located at the northwest corner of La Palma Avenue; 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 substantial evidence that the project will have a sign if scant effect. on the environment. Commissioner Bouas offered a resolution and moved for its passage and adoption that the Anaheim City Planning Commission does hereby grant Conditional Use Permit No. 2922. Commissioner ilerbst stated he would oppose the resolution because he thought that area is over-built with office uses and that will became evident in the future. He stated he recognizes this company }ras 80 or 90 acres to develop, but he thought it is time to close the door on office uses in the area. Commissioner Bouas stated she thought this is probably closer to industrial than some of the others. Commissioner Herbst agreed it probably is and asked how many more we can approve. 7/6/87 b ~~ '~1INUTES ANAHEIM CITY PLANNING COMMISSION JULY 6 1987 87-478 On roll call, the foregoing resolution FAILED TO CARRY with the Following TIE VOTE: AYES: BOUAS, MC BURNEY, NOES: HERBST, MESSE ABSENT: NONE VACANT: THREE SEATS Malcolm Slaughter, Deputy City Attorney, explained if the Commission does nothing, they retain jurisdiction for 40 days and if they fail to act within that 40 days, the action automatically goes to City Council, and if the Commission does not wish to retain jurisdiction for 4U days, they may by mor. ion, request the City Council. to take jur isd i.ct ion. Commissioner Herbst stated unless one of the Commissioners changes their vote, with three new Commissioners, he thouyhr. another hearing would be necessary to bring them up to date. Mr. Slaughter stated the new Commissioners could review the tapes of the hearing and look at all the records. ACTION: Commissioner Herbst offered a motion, seconded by Chairman Messe and MOTION CARRIED (3 vacant seats) that consideration of the aforementioned matter be continued to the regularly-scheduled meeting of July 22, 1981, due to a tie vote. Responding to Mr. Del Carlo as to whether there is anything he needs to do, Commissioner Herbst stated there is nothing to do unless he wants to redesign the project and reduce the office space and provide more industrial space. ITEM N0. 7 EIR NEGATIVE DECLARATION AND CONllITIONAL USE PERMI'T' N0. 2923 PUBL RING. OWNERS: EVANGELICAL CHRISTIAN CREDIT UNION, 2528 W. La Palma Avenue, Anaheim, CA 92803-3068. AGENT: ARCHITECTS ORANGE, 144 N. Orange Street, Orange, CA 92666. Property described as a rectangularly-shaped parcel of land consisting of approximately 2.3 acres located at the southeast corner of Woodland Drive and Maynolia Avenue. To permit a credit union and industrially related offices. There was no one indicating theic pretence in opposition to subject request and although the staff report was not read, it is referred to and made a part of the minutes. John Killen, agent, was present to answer any questions. THE PUBLIC HEARING WAS CLUSE;D. Responding to the Commissioner Herbst, Mr. Killen stated the credit union is on the ground floor of the 20,000 proposed building, utilizing roughly 10,000 square feet. He explained they will have 48 employees and that parking does meet Code and is sufficient and the second floor will be industrially-related office space and parking is calculated at 1 space per 4,000 square feet. 7/6/87 i r ~~ MINUTES. ANAHEIM CITY PLANNING COMMISSION, JULY 6, 1987 87-479 Commissioner Herbst stated tie would have no problem with approval of thin request and a permit was previously approved Eor medical cries in this oEFice. ACTION: Commissioner lterhst offered a motion, seconded by Commissioner McBurney and MOTION CARRIED (3 vacant seats) that the Anaheim City Planniny Commission has reviewed the proposal to permit a credit union and industrially-•related oEfiaes on a rectangularly-shaped parcel of land consisting of approximately 2.3 acres located at the southeast corner of Woodland Drive and Magnolia Avenue, and Further described as 1150 North Magnolia Avenue; and does hereby approve the Negative Declaration upon Finding that it iias considered the Negative Declaration together with any comrnNnt:s received c9uring the public review process and furt}ier Finding on the basis of the Initial Study and any comments received that there i~ no substantial evidence thal• tY~e project will have a significant effect on the environment. Commissioner. Herbst oEEered Resolution No. PC87-138 and moved for its passage and adoption that the Anaheim City Planning Commission <loas hereby yrant Conditional Use Permit No. 2923, pursuant to Anaheim Municipal Code Sect ton 18.03.030.030 ttrrouyh 18.03.030.035, and subject to Interdepartmental Committee Recommendations. On roll. call, the Foregoing resolution was pa33ed by the Following vote: AYES: BOUAS, HERBST,MC BU RNEY, r1ESSE NOES: NONE ABSENT: NONE VACANT: THREE Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal the Planniny Commission's decision within 22 days to the City Council. ITEM N0. 8 EIR NEGATIVE DECLARATION, WAIVER OP CODE REQUIREMENT AND CONDITIONAL USE PERMIT N0. 2924 PUBLIC HEARING. OWNERS: GOLDEN GRAIN MACARONI CO., 1000 E. Cerritos Avenue, Anaheim, CA 92805, ATTN: DENNIS DE DOh1ENIC0. AGENT: PAUL SMITH, AMAN BROS., INC., P.O. Box 4233, Covina, CA 91723. Property described as an irregularly-shaped parcel of land consisting of approximately 7 acres located at the southeast corner of Cerritos Avenue and Lewis Street. To retain a road base materials, processing, storage and distribution operation with waivers of (a) minimum landscaped setback, (b) permitted Fence encroachment and (c) required site screening. ACTION: Commissioner Bouas offered a motion, seconded by Commissioner Herbst and MOTION CARRIED (three vacant seats) that consic:eration of the aforement ioned matter be cortt inued to the regularly-scheduled meet Ina of August 17, 1987, at the request of the petitioner. ITEM N0. 9 EIR NEGATIVE DECLARATION, WAIVER OE CODE REQUIREMENT AND CONDITIONAL USE PERMIT N0. 2927 PUBLIC HEARING. OWNERS: STEINER CORPORATION, P. 0. Box 2317, Salt Lake City, Utah 84110. AGENT: ALBERT MARX, STEINER CORPORATION, P. 0. Box 4248, Anaheim, CA 92803. Property described as an irregularly-shaped parcel of land consisting of approximately 1.56 acres, 1755 South Hasler Street. t MINUTES~_ ANAI~EIM CITY PLANNING COMMISSION, JULY G, 1987__ 87-480 To expand an existing commercial laundry with waives of (a) minimum number of parking spaces, (` minimum landscape area and (c) required dedication and improvements. There was no one indicating their presence in opposition to subject request and a lthougt~ the staf f repot t was not r ead, it is referred to and made a par t of the minutes. Commissioner Herbst declared a conflict of interest as defined oy 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 this company provides services to his company and pursuant to the provisions of the above Codes, declared to the Chairman that he was withdrawing Erom the hearing in connection with Conditional Use Permit No. 2927, 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. Tt•~ereupon Commissioner Herbst left the Council Chamber. Joan Virginia Allen, attorney with Farano and Kieviet, representing Steiner Corporation, stated this commercial laundry establishment has been operating in this location since 1956 anr3 want to increase their E~roduction capacity and efficiency and reduce costs and intend to make mod itications to accomplish this adequately without adding more employees. She stated they understand the City will be widening Haster in that area and that Katella a;:d HasL•er has been designated as a critical intersection; and that the petitioner understands they will need to dedicate land for both of these projects and are willing to do that which involves giving a irrevocable offer of dedication and the City will not accept that offer until the program is established. She stated there are presently nine parking spaces in front of the facility on Haster. and they are proposing to move the existing lunch room facilities and then restripe the front and have 10 additional parking spaces which would provide the necessary parking for Pi:ase I. She explained after the City completes its road widening at Haster and the critical intersection, they would implement Phase II and landscape the front and pave the parking and put it on their property to ttie south. She stated they believe according to the parking study that the waiver will not cause any increase in traffic congestion in that vicinity or adversely affect any adjoining land uses. THE PUBLIC HEARING WAS CLOSED. Commissioner McBurney stated they have 80 to 85 employees and 36 parking spaces and asked if they have had any parking problems. Ms. Allen stated they have not had a problem because they have staggered shifts and a number of the employees do come to work by bus or are dropped off. She stated they would be increasing the parking to 39 in Phase II. Chairman Messe stated the parking study indicates minimum parking on Zeyn StreeL• and clarified the reason for that is because the gates are not open in the rear. He asked if people use the street parking after hours and Ms. Allen stated they do not appear to use the street parking and they would generally be able to accommodate all their parking on site. 7/6/87 ... 87-481 MINUTES,_ANAHI;IM CITY PLANNING COMMISSION JULY 6 1987 Chair. man Messe stated the staff report is confusing regarding the required amount of spaces anti Ms. Allan sated she thought that was an error with 39 requited in Phase I and 44 required in Phase Ii. Chairman Messe asked if Ms. employees park in the truck parking spaces when ttre trucks are not there. Allen stated those are exclusively used by the trucks ana the employees do not park there. Chairman Messe stated the total parking does not exceed .l6 and he could understand why they would want ko request a waiver and because aE the staggered hours, he would not have a problem with approval. Chairman Messe stated 1E there was a problem with parking, he thought they could probably arrange Eor some topearkingrlotctbecauseetheChourse feuse aces at the Bandstand whi.~tr has a larq• p d if. EBrent. Ms. Allen referred to Condition No. 5 and requested it be modified to show the speciE i.c amount, so they can srxbrnit that figure to their client. Jay Titus, OL•fice Engineer, stated he does not have a specific amount at this time; however, they could make an estimate within a Eew days. Commissioner Mci3urney asked if ttie petitioner could wait one week for ttrat figure and she indicated they would. Ms. Allen referred to Condition No. 9 which requires the improvements to be installed prior to occupancy and requested that be changed to be required upon completion o£ street widening of Raster. She stated those improvements would not be required until the completion of Phase i because all the other improvements would not be made until the street is actually widened. Jay imposed by Utilities Department, Titus stated that is a condition that i~ Electrical Division. Greg Hastings explained that is stasdatedwhedthoughtcthe the Electrical Division requests. Commissioner McBurney petitioner could work that out with the Electrical Division. Ms. Allen corrected Condition No. 24 and explained Conditional Use Permit No. 1392 should be included instead of 2927 as shown. Staff agreed that change should be made. Ms. Allen referred to Condition No. 25 and explained the fence is already back 10 feet from the curb. Greg Hastings explained that condition refers to the fence shown on ttre plans at the property line. The fence was discussed and it was pointed out the condition requires it to be 5 Eeet from the right-of-way line which is probably mare than 10 feet from the curb. Jay Titus stated the existing right-of-way line is 10 Eeet from the curb line which mans this would have to be ~ved 5 feet. Greg Hastings stated there should be a 5-foot landscaped ~~-..rip and the Code requires the fence to be behind that landscape sL•rip, so it would be betwEen the landscaping and the parking. He stated that would have to be dine in Phase I, prior to the final building and zoning inspections. Regarding the request for a figure to be included in Condition pto. 5, Malcolm Slaughter explained a resolution could not be prepared with blanks and Ms. Allen requested the wording be added: "That the fee would be specified at a later date." Malcolm Slaughter stated normally when the permit is requested, the Engineering Department would prepare an estimate of costs which would establish the amount to be paid. 7/6/87 •-- .~. F MINUTES, ANAH_>IM CITY PLANNING COMMISSION, JULY 6, 1987 __ 87-A82 ACTION: Commissioner McBUrney ~FFered a motion, seconded by Commissioner Bouas and MOTION CARRIED (three vacant seats and Commissioner Herbst absent) that the Anaheim City Planning Commission has reviewed the proposal to expand arr existing commercial laundry with waiver of minimum number of parking spaces, maximum liandscaped area, required dedication of improvements (deleted) on a irregularly-shaped parcel of. la nil consisting of approximately 1.56 acres, having an approximate Frontage of 200 feet on tt~e west side of Haster Street, approximately t85 feet north of the centerline of Katella Avenue and Further described as 1755 North Hastert and does Hereby approve the Negative Declaration upon Finding that it has considered r.1~e Negative Declaration together with any comments received during the public review process and further Eindiny 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 enviro~~ment. Commissioner McGiirney offered a motion, seconded by Commissioner Bouas anc9 MOTION CARRIED (thr.ee vacant seats and Commissioner Herbst absent) that the Anaheim City Planning Commission dues hereby grant waiver (a) on the basis that the parking waiver will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses and granting of the parking waiver under the condition~~ imposed, if any, will not be detrimental to the peace, health, safety and general welfare of ttre citizens of the City of Anaheim; and granting waiver (b) on the basis that there are special circumstances applicable L•o the property suct: 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 recommendations. Commissioner McGurney offered Resolution No. PC87-139 and moved Eor its passage. and adoption that the Anaheim City Planning Commission does hereby gram Conditional Use Permit No. 2927 pursuant to Anaheim Municipal Code Section 18.03.030.030 through 18.03.030.035 and subject to Interdepartmental Committee recommendations. On roll call, the foregoing resolution was passed by the following vote: AYES: GOUAS, MC GURNEY, MESSE NOES: NONE ABSENT: HERGST VACANT: THREF. Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal the Planning Commission's decision within 22 days to the City Council. Commissioner Herbst returned to the Council Chamber at 3:35 p.m. ITEM N0. 10 REPORTS AND RECOMMENDATIONS A. PROPOSED CODE AMENDMENT - Request from R.H. Meyers, Shell Oil Co., to amend the Code to permit automobile car washes in the ML (Industrial, Limited) Zone, Anaheim Canyon Industrial area, as a conditional use. 7/6/87 ,'~~ er -4r MINU'PES, ANAHEIM CI'PY i CANNING COMMISSION, JULY_ 61 1987 ,~ 87-483 Chalrmarr McBUrney explained the applicant, Shell Oil Cornparry, has requested that this request Eor Code amendment be withdrawn. ACTION; Commissioner Bouas offerec9 a motion, seconded by Commissioner Herbst and MOTION CARRIED (three vacant seats) that the Anaheim City Planning Commission does hereby accept the request r:o withdraw the proposed Code Amendment. B. PROPOSED CODE AMF.NUMENT - RPyuest Erom Robert D. Nickelson, agent, for eergstrom's Childrens Stores, to amend tine Code L•o add "speciality uses" in the C-R (Commercial, Recreation) Zone, as a conditional use. Robert Nickelson, 1328 N. Glassell, Orange, stated recently this entLre area was rezoned to commercial, recreation and that the old Robertahaw building is already a non-conforming use, by virtue of annexation Erom tt~e County anti it is not possible now to move the Bergstrom's Headquarters into this facility wif:hout a zoning action. He stated they ware not allowed to apply for a conditional use permit; however, staff agreed to look at a Cade amendm~.~nt. He stated Bergstrom's is a specialty store and deals with childrens articles including Furniture, clothing, special need items such as carseats, beds, cribs, etc. and in addition to retail gales, they are looking to Have a renL•al service Eor the hotels and motels in the area and to capture the retail sales Ecam the tourist trade. Mr. Nickelson stated he realizes the Commission has to deal with this on a broad basis and he tried to come up with some Findings tc+ limit these kinds of specialty uses to only those that "could benef it the City and the CR area and also the Commission would not be obligated to approve any conditional use permits submitted. He stated approval will only enable them to file for the conditional use permit. Malcolm Slaughter stated the letter suggests amendment .:o Section 18.48.050, adding a subsection allowing specialty retail uses. He stated that particular Code Section permits a condi'_ional use permit pursuant to the provisions of 18.03.030 which has specific required findings and asked if it is Mr. Mickelson's intent that these special findings would be made in addition to those reyuired by that section of the Code for this specific use. Mr. Nickelson responded that is correct and he would presume that any conditional use permit processed under Section 18.03.0:30 would have the normal State mandated findings and it was his thought that these four additional findings would be made in the C-R 7.one only. Malcolm Slaughter asked if these four additional findings would be a condition solely for specialty retail uses of any conditional use permit in the C-R Zone and Mr. Nickelson responded that would be his recommendation. Commissioner Herbst stated a specialty retail use could be a Broadway Store and approval of this would just ogen the door to more requests for specialty sales. Mr. Nickelson responded he did not think so and the specialty here is that they intend to attract the tourist's trade through their rental service. 7/6/87 MINU'rr:S, ANAIih;IM CtTY PLANNING COMMTSSI C;;?; ,ttiLY 6, 19H7 87-484 Commissioner Herbst state d he did not see how they would eater to the ~~urista trade Lrom this r location. Chairman Messe stated the Commission , Is discurrsing a spec if is location, but the request is fora Code arnenclment. Cornmissioner Herbst Stated he did not want to open 'che barn ~ oor . Mr, Mickelson stated a specialty discount storc~ such as Home Club or Price Club would not be able to meet the reyuir.ementa, be~auae traffic would crest:e a roof lice with the C R traf £ ic. He ct-ated he thought th is petitioner could demonstrate; they could Eit, t,ut the speciality afore s uch as Home Club would not be able to demonstrate that. He stated he chought• thi:r is a specialty u:3e and thought even though he may not be able to ~:onvince tt~e Commission of that ultimately, they would like to h ave tho opportunity to try. Chairman Measc stated the rationale that it has tc be a regional or national headquarters could be a problem. Mr. Mickelson stated the basis of that was to F l i.m inate the chain store. Malcolm Slaughter stated he w,ll probably bc~ the attorney that has to drat this Code amendment and would like to clarify several points. He asked [or an example of a retail u•e under section A as it relates to serving the tourist recreational public. hir. t4ickel:aon stated his client'u proposal was to create a service for the hotels and motels in that area and that they would submit. that a:3 a program with a reuuest Err a conditional use permit, but he did not.- know how that would worl; in other. cases. He added he dia not know :if anyone could comply with the 50N or 49~ requi.remenr becau;3e in the retail busi~ress when tires reach the 446 lrrvr_1, they would not: close the doer. Malcolm Slaughter stated it seems anyone could coi~rply ~nd there is no incidental maximum relationship specified under the findings as drafted and it simply requires that part go to the tourist recreat Tonal public and that means as long as 18 goes to them and the use is not excluGiveiy to the general public, then that finding world be rnet, so it is their !n~.en':ion that as ?.ong as r.atail provides ar. least 1~ to the tourist i,uh1'c, that would meet the requiremen:.s. Malcolm Slaughter. referred to finding (d) rEyarding the positive fiscal impact of the City anu stated the staff report talks about the relationship between sales tax generation relative to the specialty retail product and asked if that excluries police, fire, etc. Mr. I4ickulson stated it is generally true that ali cities ace looking at land uses which would generate revenue for them and ttrPy believe this particular use will and certrinly there roust be others which will generate revenue and that some cities have created development offices to seek these type of uses. Chairman Messe asked about a national regional headquarters requirement. fie stated if t3ergstroms did not have their corporate headquarter at this location, they would not be able t~ use this facility and Mr. Mickelson agreed that is the way the finding reads. He stated that type of wording is used in a lot of cities, particularly in the industrial areas where offices are 311owed if tires have their headquarters there. 7/6/87 MINUTES, ANAHEIM CITY PLANNING COMMISSION .JULY 6 1987 137-q85 Cnrnmir3cioner Herk~st stated he is concerned because this is the Disneyland area and the City could be deluged with requests f.ur specialty retail uses outside oC: what has been allowed in halals, etc. and he did not think this would be the proper place. Mr. tickelson stated the Commission could deny any requests that come in. Commissioner Mcaurney stated this request was c~~rtainly a challenge, but he would ayree with Commissioner Herbst that this would be opening the barn door and wished it could be proposed in ~~ diff.erent area. He stated he could go along with ab«~at half of the rationale used. Commissioner tlerbst asked i.E there is any way to allow a specialty u:ae of this L•ype in the building without amending the Code, such as a regional office with some Hales allowed. Malcolm Slaughter stated h~ believed staf.E looked at that very carefully when the reyuesL• first game in and did Hat Feel a non-conforming use would be broad enough arl found they could use the existing structure Eor the manuf:ar.turlny anal warehousing, but the proposed expansion would be to add the retail sp~r.e a:td that would be beyond the non-con~orming provisions of tl~e Coda. Nor. Mickelson stated he woulc; lik«' Eor the Commission to recommend approval of this to the City Council, and possibly the Four [innings cc d be revised and there would be pultl is hearings before it is approved. Chairman Masse stated he would like to see the report before he could vote for sur.h a change. Commissioner. Herbst asked iE there is a an appeal un this decision. Annika Santalahli stated this matter will apF~ear on ttte City Council agenda in 22 days and the petir.ioner will have an opporturtiry to present his case at the City Caunc.i.l level. She explained this can go to City Council without a recommendation :and without L;.ejudice. Annika Santalahti stated this wi1.L go to City Council without.- a recommendation or it could yo t_o City Council without a recommendation. Commissioner Herbst stated ha would not be in favor of changing the Code to permit this type of use and would offer a motion recommending that specialty retail uses nut be allowe~~ in the C-R Zone and if Mr. t4ickelson wants to present his case to the City Council, he will have the opportunity. Commi:~sioner McBurneY stated he wo~xld second the motion for denial. Mal.:~lm Slaughter stated normally a Code amendment is not presented to the Commission before :~ is passed by the City Council unless it is specifically ordered back to the Planning Commission. AC`PION: Commissioner Eterbst offered a motion, seconded by Commissioner McBurney and MOTION CARRIED (three vacant seats) that the Anaheim City Plar;ning Commission does hereby recommend to the City Council that the Code not be amended to permit speciality retail uses as a cor~litional use in the C-R Zone. Commissioner Herbst sugyestec3 that Mr. Mickelson work something out with the City Attorney's office to permit this use without a Code Amendment.. 7/6/87 S MINU'Pt:S, ANAHBIM CITY PLANNING COMMISS'iON, .JULY G, 1987 87-A86 C. PROPGSEq CODE AMI;NDMEN'P -Request from Lillian Ronteria and Harold Bal.kman, to amend the Code to permit binyo games in the ML Zone (not including t•he Canyon Industrial Area). Lillian Renteri.a, petitioner, explained she is F.x~~~cutivs Director of the Institute for Hispanic Development and in request ing a permit to conduct a binyo dame for the purpose of get,F ing their institute oEf the ground. She referred to their letter explaining ttre institute was founded for tt-~e purpose of assisting cities in Orange County with af.fardable housing; anti that they are proposing to conduct workshops n order to educate tenants with regard to their duty and responsibility regarding ~o~sing needs. She stated procerds from the bingo will go towards accomplishing these goals. Stye stated :~taf.f recornmenda*_ion is for denial based on tt-e current zc~nin~2. She stated in looking at 1490 S. Anaheim Boulevard which is currcnt.ly the Sensations i4ight Club, rrhe dic9 not think that should bye zoned limited, industrial and the City of Anaheim has really expanded and most of. that area south of Anaheim Boulevard is commercial. She ref erred to a mah of: the area and explained there are many commercial buildings to the east and that she did not think there would be an impact or congest• ion and explained that there will be adequate park ing. She stared they hat a been using th i.s facility as a meet ing place since October 198 5 and the cause is worthy. She stated the lnsLitute is not limited to iispanic people and they feel there is a tremendous neecr to address the housing problem in Orange County. Chairman Messe stated this is not a request Eor a conditional uce permit for this operation, but an amendment to the Code. Ms. Ronteria stated she understood and this area has become commercial. She stated they have teen meeting there and that Mr. Schroeder believes in the program and doesn't c}rarge any rent. She stated they wort; •aith volunteers and they have negotiates a lease if this is approved. She explained they would have their bingo game on Thursday night and thought they probably wont ~ have 50 people attending once a week. Commissioner Herbst stated tt~e zoning is not right on Anaheim Boulevar d and a change in zort~s is needed because that area has changed. Ann ika Santalahti stated tt~e General Plan map does show commercial uses along t;e fronL•age of F:naheim Boulevard, but there has Hover, been a request for a zone change on that property and if a rezoning took place with property owners agreeing to the request for a change, then a Code amendment would nc~t be necessary. Commissioner Herbst stated he would like to see the area possibly rez onc:d rather than going through a Code amendment. He stated there is no industrial use on that :street and that the automobile establishments that have been allowed, have been approval of a conditional use permit because of the ML lone. Fie stated he did not see any problems with having a bingo operation at this location because they have adequate parking, and this location would be as good as any place in Anaheim. Ann ika Santalahti su~,gested the area from Ball Road t~~ Cerritos on the east side of Anaireim Boulevard be considered for a General Plan Amendment. She stated changing the zone would have a minimal affect on 7/6/87 MINU'1'ES~ ANAHEIM_ CITY PLANNING COMMISSLUN, JUhY 6, 1987 _ t37-487 those automobile dealerships, but it. could be something quite different on t.•he Pac if is stereo props:rty. Commissioner Herbst stated there are industrial propcrL•ies backing up to this area. Annika Santal ahti stated only the frontage ilong Anaheim boulevard Should be Included 3.n the zone change. Malcolm Slaughter stated he was not sure this particular yrou~ can demonstrate that they have leased or owned the property in c;u ~stion Eor ac. least 12 months prior to their intended operation and he would hate to nee them go through this process and then not be able co qua L i[Y for the bingo permit. Ms. Renteria sL•ated they can prove they have beer in the facility since October 1985 and have leased it for ~1.OC per yeas. Commissioner Herbst Stated that area neer]:~ to be cleaned up. Annika Santalahti stated Commission :should direct staff to t~repare the apnropr.iate recta..^,s ification so the property owners could be noL•ified, etc, ACTION: rommissioner McBUrney offered a motion, seconded by >mmissioner Bouas and MO'PION CARRIED (three vacant Beaks) that the Anaheim City Planning Commission does hereby dire~~t s-:aEf to initiate a reclassif ication for the oast side of Anaheim Boulevard from Ball Road to :errit.os for only that portion fronting on Anaheim Boulevard to rezone it to rommerc.ial. Chairman Messe stated Commission's recommendation would be t o deny this request [or a Code amendment with initiation of the rezoning of the property. Annika Santalahti stai:ed the Code Amendment takes Lwo months to process and a rec] ass if: ication would take about the same amount of time. Commissioner Bouas asked if anyti~in9 could be done to c:ean map that corner. She stated the property owner may be very generous to this gro~~p by Ietti..g them have the property for 1.00 per year, but he is not raking care of his property and it really looks bad and the landscaping i., bad, ekc. Ms. Renteria stated most of the bingo player::; are retired or senior citizens and it is run by volunteers and they want the area to look nice, so they will be looking at cleaning it up. OTHER DISCUSSION: A. Chairman Messe congratulated the newspaper reporter, Michae 2 Gougis, who won an award for his article on Oak Ft ills project. B. Norman Priest, Executive Director, Community Development/P1 anning, requested the ?tanning Commiss'.~m ers be present at the City Council meeting tomorrow, July 7th wtrer~ the City Council discusses the Katella Redevelopment Project, just in case there are any mod if icat ions tYrat need to be made to the plan on which Planning Commission actions would be necessary. He stated if there are changes made by the City Council, there may be a need for the Planning Commission to take an action 7/6/87 ~ , _~ ~ ~ 87-488 MINUTES ANAHEIM CITX PLANKING COMMISSION JULY 6 1987 regarding its conformance wlth the General Plan, but since there is a time concern issue, it needs to be done as soon as possible and that would be the reason for requesting tho Planning Commissloner.•s' attendance at that meeting. There was a brief discussion with Commissioner Mceurney indicating he would attending a meeting and would get to khe City Council meeting as soon as possible. Norman Priest poinL•ed oat the meeting would be held at the Celebrity Theater at the corner of 42nd and Broadway. Malcolm Slauyht~r suggested the Commission adjourn until 3:00 p.m. tomorrow and if there is an amendment to the plan which would require an action, the CommisFi.on could be ca11Fd to order. Commis loner McBurney offered a motion, seconded by Commissioner Bouas and -+10'rIQN CARRIED (three vac~nr seats) that this meeting be adjourned to 3:00 p. m. to the Celebrity Theater, July 7, 1987. The meeting was adjourned at 4:15 p.m• Respectfully submitted, Ed h I,. Flarr is, Secretary Anaheim City Planning Commission OOOlm 7/6/87