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Minutes-PC 1987/08/03.. :, ,r REGULAR MEETING OF THE ANAHEIM CITY PLANNING L'OMMISSION MINUTES - August 3, 1987 The regular. -neetiny of. the Anaheim City Planning Commrssion was called to order. by Chairman Messc~ ,L 10:00 a. m., August 3, 1987, in the Council Chamber, a quorum being pcesent, and the Commissiun reviewed plans of the items or. today's agenda. RFCESSr 11:30 a.m. RECONVFNEU; 1:30 p. m. PRESENT: Chairman: Messy Commissioners: E3ouas, E3oydstun, Feldhaus, Elerbst, Mci3urney „~;SF~NT: Commissioners: .:aru 3 i llo AhSO PRE',SENT: Ann ika Santalaht i Malcolm Slaughter Jay Titus Paul Singer Greg tlast inys Pamela Starnes 'Lon ing Adm in iKt rator Deputy City Attorney nE E ice Engineer Traffic Engineer Senior P]anner Commission Secretary, Pro Temp ore AGENDA POSTING - A complete copy of the Planning Commission agenda was posted at 8:30 .3. m., July 31, 1997, inside the display case located in the foyer ~E the Council Chamber, and also in the outsi6e ciigplay Kiosk. MINUTES FOR APPROVAL - Commissioner Herbst corrected minutes of ,July 6, 1987, on Page 469 chan,ing "lot on State Coll eye" to "lots on t3roadway from East to State College". Commissioner Mct3urney offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (Comrnisaianer Carusil.lo absent} that the minutes o[ Lhe meeting of July 6, 1987, be approved as corrected. PUBLIC INPUT - Chairman Flesse explained at the end of the agenda any member of the public would be allowed to discuss any matter of i~t.er.est within the jurisdiction of the Planning Comr^ission, or any agenda .am. ITEM N0. 1 EIR NEGATIVE DECLARATION, RECLASSIFICATION NO. 87-68-U1,_ WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERMIT N0. 2920 PUBLIC HEARING. OWNERS: I-HSIUNG KUO AND SCHUCHIH LIAO KUO, 10650 E1 Taro Avenue, Fountain Valley, CA 92708. AGENT: ANHSIUNG 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/Agricultural} zone to Lhe CL (Commercial, Limited) or a less intense zone. To permit a two-story, 50-unit motel with waivers of maximum stru<~tural height, maximum fence height and minimum number of parking spaces. Continued from the meeting of July 6, 1987. -540- MINUTES, ANAHEIM CITY PLANNING COMMISSIOtt, AUGUST 3, 1907 87-5A1 There was one person indicatiny their presence in opposition to subject request and although the staff report was not read, it is referred Lo and mach, a part of the minutes. II was nol,ed the petitioner has requested a continuance to the meeting of Auyust 17, 1987, in order for ttie petitioner to be present. ACTION: Commissioner McBurney offered a motion, ~rconded by Commissioner Bouas and MUTION CARRIED that consideration of tl~e aforementioned matter be continued Lo thr. rf~gular.ly-ochedul.ed meeting of August 17, 1987, in order for the petitioner to tie present. Chairman Messe poinl.ec9 out there will be no further not if ication and interested i,eighbors should call the Planning Department on that date to be sure tl~e item is goiny Lo be }ieard. I'PEM N0. 2 EIR CATEGORICAL EXEMP`PION-CLASS it ANU VAE2IANCE NO. 3670 PUBLIC HEARING. OWNERS: STATE COLLEGE MF'.UICAI. CENTEI'<, INC., 215-B N. Slate College Boulevard, Anaheim, CA 92805, A'PTN: HERLsERT U. TARLOW, M.D. AGENT: SUN3E'P DESIGN ASSOCIATES, 317 Wal.nur. Street, Costa Mesa, CA 92627, ATTN: l1EATIIER Kh~IR-P ERRAS. Property described as an irreyu.larly-shaped parcel of land consisting of approximately 0.9 acre, 215 North State College Boulevard. Waiver of permitted business :sign to conctrucL a freestanding sign. Coni.inued from the meetings of July 6 and July 20, 1987. There was no one indicating their presence rn 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, agent representing Dr. Tarlow, owner of the property, stated they decided to apply for their original design as proposed. She noted it is a medical biiildiny, zoned CO, and is only allowed a certain type of signage. She said current signage. is not. adequate because of the angle of Lhe building and the bus slop in Lront of the building. She said they designed a pole Sign that is very similar to some of the other signs being used on the street. She distributed colored renderings of the proposed sign with photographs of other freestanding pole signs in the immediate area. Chairman Messe asked how large is the proposed sign, and Greg Hastinys said the staff report indicates 53 square feet. Herbert D. Tarlow, M.D., owner of the building, said Lhey originally had a sign flush on the building which could be seen well from the street, but now the building Lo Lhe north comes out in front of their building blocking their siyn. He noted there is a medical center being built on the southwest corner of State College and La Palma wh ich has a f. reestand ing sign t:he same size as the bank sign and is approximately the same size as they are proposing. He stated there were several businesses in the immediate area with freestanding signs and even some signs that rotated. He said their center had been completely occupied until recently. He said the doctors were complaining 8/3/87 ..e. Y MINUTES, ANAHEIM CITY PLANNING COMMISSIUN~ AUGUST 3, 1y87 87-542 because iL was hard t.o locate their of f: ices. tte noted that years ago they could get away with a subdued sign, but today they needed something mare visible. TEIF PUBLIC HCARING WAS CLOSL;D. Commissioner Feldhaus asked what Size letters were on the sign and the applicant said the leLLers were approximately 6 inches high, readable at approximately 3U feet per inch. Commissioner Herbst slated he felt this was "spot zoning" since the applicant was surrounded on Stale College by CL 7.oning and was b~:iny penalized as far as the sign went becaufiE' the properly was zoned C4. Chairman Messe asked Annika Santalahti rf the old sign on the bank building was there by right, and if the medical center going in was going Lo be able to utilize the sign. Ms. Sant:a.laht i, Zoning Administrator, sa i9 sire thought the sign had a variance and if so, iL would yo with the p:operty. Malcolm Sla.uyhter, DepuL;~ City Attorney, noted the applicanr. could request rezoning instead of a variance on Lhe property. The Commissioners agreed that might be a good idea. Commissioner. eouas asked if tt~e sign could just read: "SL '.e College ttedical Center". Dr. Tarlow said the doctors in the medical center would like Lo have their specialities listed. Chairman Messe asked if the applicant would like to request a change in zoning and Lhe applicant responded he just wanted to request a variance for his sign. IL was noted the Planning Director or his authorized representative has determined that Lhe proposed project falls within Lhe definition of Categorical Exemptions, Class 11, as defined in Lhe Stale Environmental Impact Report Guidelines and is, theref::re, categorically exempt from Lhe requirement to prepare an EIR. ACTION: Commissioner Herbst offered Resolution No. PC87-151 and moved Eor it.s passage and adoption that Lhe Anaheim City Planning Commission does hereby grant Variance No. 3670 to permit a freestanding sign with waiver of permitted business signs on the basis that ttre petitioner demonstr.aLed Lhat a hardship exists in that .freestanding signs ar.e permitted an adjacent properties which are zoned "CL" Commercial Limited; Und that on Lhe basis that there are special circumstances applicable Lo Lhe properly such as size, shape, topography, location and surroundings which do not apply to other identically zoned properly i.n Lhe same vicinity; and that strict applicaticn of Lhe Zoning Code deprives Lhe property of privileges enjoyed by other properties in Lhe identical zone and classification .in Lhe vicinity and subject to Interdepartmental Committee recommendations. 8/3/87 w MINUTES. ANAHEIM CITY PLANNING COMMISSION AUGUST 3 1987 87-543 On roll call, the foregoing resolution was passed by tt~e following vote; AYES: BOUAS, BOYDSTUN, FF.LDHAUS, HERBST, MC BURHEY, MESSE NOES: NONE ABSENT: CARUSII.LO Malcolm Slaughter, Deputy City Attorney, presented the written r iyht to appeal the Planning Commission's decision within 22 days to the City Council. ITEM N0. 3 EIR NEGATIVE DECLARATION ANU CONDITIONAL USE PERMI'P N0. 2922 PUBLIC HEART.NG. OWNE.2S: SANTA FE LANG IMPROVEMhNT CO., 37.'?0 E. imperial Highway, Brea, CA 926'l•1, ATTN: RICK DEL CAR[,0. Property described as a rectangularly-shaped parcel of land consisting of approximately 10 acres located at the northwest corner of La Palma Avenue and Manasr3ero Street. To permit industrially-related off. ice uses. Continued from Lhe meetings of July 6 and July 20, 1987. No one in '.I~e audience indicated their presence Eor this item. It was noted the petitioner has requested a continuance to the meet ing of August 17, 1907, in order to submit revised plans. ACTIOt7: Commissioner Bouas offered a mot. ion, seconded by Commissioner McBurney and MUTION CARRIED that consideration of the aforementioned matter be continued to the regularly-scheduled meeting of August. 17, 1987, in order for ttre petitioner to submit cevised plans. WAIVER OF CODE REQUIREMENT AND ITEM N0. 4 EIR NEGATIVE DECLAP_ATION, CONDITIONAL USE PERMIT h ~. 2932 PUBLIC HEARING. OWNERS: OWNERS: THRIFTY OIL COMPANY, 10000 Lakewood Blvd. , Downey, CA 90240. AGENT: TAIT & ASSOCIATES, INC., 900 Orang?fair Lane, Ar-aheim, CA 92803. Property descr ibed as arectangularly-shaped parcel of land consisting of approximately 0.43 acre, located at the northwest corner of South Street and East Street, 727 South East Street. To permit a convenience market with gasoline sales and off-sale beer and wine with waivers of (a) maximum number of small car spaces and (b) minimum landscape area. There were two people indicating their prese~;ce in oppos it ion to subject request and although the staff report was not read, it is referred to and made a part of the minutes. The Commissioner:; studied the exhibits displayed on the Council Chamber wall. Carl Korndoerfer, Tait and Associates, applicant for Circle "K" Corporation, stated they are proposing to demolish the existing service station and remove the pump islands which are in an area they are yo ing to dedicate Lo the City in order to comply with street improvement plans. He said they plan to 8/3/87 v 8.`7'544 MINUTES, ANAHEIM CITY )'I.ANNING l;l-rit1ISSI0N AUGUST 3 1987 ,,,,, rebuild Lhe corner, relocate the driveways to creat.n a betl.er LrafEic pattern, install three product dispensers, and a convenience market with center check-out to Caailitate Lhe trandling of gasoline and convenience customers. He noted they would have a walk-in cooler cont.aininy beverages, milk, beer and winet and restrooma would also be provided. ile stated they plan to add trees as required by City Code, move Lhe building back on Lhe .lot and provide 16 parking spaces. He said this would be a convenience to the community ley offering one-stop shopping. Herbert Moore, 717 S. Dawn Street, stated he lives directly across the street from the proposed development and he has been observing Lhat location for Lhe past 20 years. }le stated it has boon a gathering place for the neighborhood kids, cars have been repaired on-mite, there has been a lot of loud noisy and on numerous occasions Lhey have had to call the Police out because of: noise from ttre radios, etc. tir noted that even without a ronvenience market that close to hls h ar:~e, he has beer bottles in his swimming pool and trash on his lot. tle further stated Lhat the intersection of South and East Street is particularly dangerous and he has nbserved numerous accidents there. Marilyn Helm, 700 South East Street, stated she was ttre first house directly across from this facility. She submitted a petition containing 28 signatures of area residents in opposition t.o this request. She also submitted Lwo plastic bags containing trash from Lhe 7-E1 ec~odMEromtherryard.doShetnoted street, Ltrat was collected over a Lwo day p t.haL her major concern was with Lhe traffic accidents occurring and the volume of traf.~ that is now existing. She said she searched Police Department logs and compiled statistics on Lhe intersection of South and East Street which she submits as Exhibit A and noted that since April 10, 1986, there were 26 automobile accidents at that intersection. She added that during Lhe last Lwo months there have been an additional 8 accidents. She noted these were reported accidents only. She stated Exhibit t3 is a newspaper article from July 2, 1987, about an accident that occurred at this location which rescrlted in a fatality. She presented Exhibited C and explained this is a picture of a traffic accident showing two trucks and i,he c9amage they had incurred. She said Exhibit D from the Register Newspaper, noted traffic improvement is Lop goal of the next century according to Vision 2000, Anaheim's Mas-.er Plan Eor the future. She stated this proposal would briny increased traffic into their neighborhood, impact the ne ighborhood with trash, etc. and stated they d id not need this facility because two blocks away Lhey Crave a 7-Eleven Market. The applicant agreed traffic was a major concern at that intersection. He stated a C irrle "K" type of use d id not really draw people t.o the area, but they mainly service the people ~tciving to and from work or those people driving by. }te noted the 7-Eleven Market just a few blocks away was on L'.: opposite side of the street, so one store would provide service to the public when they were on their way to work and one store on their way home which should help Lo allevi;...e traff is problems, not, make them worse. He stated as far a3 litter is concerned, the Circle "K"s are company owned and the employees are responsible to the Circle °K" Cor.poraLion. He said they have Zone Managers visiting each store everyday and if there was a problem, the Zone Manager could be contacted and they would Lake care of the situation. He noted Circle "K" worked with the MADD Organization to educate the public on thy: matter of drinking and driving. 8/3/87 .r .N e~-tia5 MINUTESR ANAHEIM CITY PLANNING COMMISSION, AUGUST 3, 19H7___.,___ THE PUBLIC HEARING WAS CLOSED. Comrniss inner Boydstun stated the plans t3t-ow a f asl-f oo~l counter anu asked if they would be preparing food on Lhe premises. Mr. KorndoerCer responded nu, it: was self.-service except for L}ieir hot dogs which were on Ltrose roller units. Commissioner McR~~rney stated he was concerned about. Coed being dispensed aL these variouu convenience markets because ha EelL Lhis put Lhem -nLo Lhe Cast Coed category which requires additional parking. He stated he has always heen opposed Lo Lhe sale of beer and wine in conjunction with Lhe sale of gasoline dnd could not support Lhis reyuesL. Commissioner Bouas asked where Lhe attendants o.~ duty would be and Lhe applicant said Lhey would be inside aL Lhe cashier's station. Chairman Messe asked how many employ<~es would br. on duly al. one time and Lhe applicant replied one to three at any given Lime. Commissioner BoydsLun staled she Ee1L one employee would not be able Lo waLctr over everything. Commissioner Herbst stated tre did not like a 24-hour operation surrounded on L1~ree sides by residential areas because customers will come in Lo Ltie market late at night when Lhe n~~iglibors are trying Lo sleep. Chairman Messe asked Lhe applicant if he would consider changing the Hours of operation and Lhe applicant responded LhaL Circle "K" Corporation lik?s Lhe freedom Lo set their hours of operation. Commissioner Eeldhaus noted LhaL he would like Lo encourage commercial business Lo locate in Anaheim, not discourage iL. He said he would like more greenery in Anaheim and less asphalt, as iL helps buffer noise and keeps l.rash from blowing around. Chairman Messe slated he sL~ll objected Lo the sale oL- alcoholic beverages and gasoline. BUILDING VACATED (FIRE ALARM) 2:30 p.m. MEETING RECONVENED: 2:A5 p. m. Considerable discussion ensued with Commission expressing their concerns about Lhe following: (1) the hours of operation and suggesting the possibility of limiting Lhe hours of beer and wine sales; (2) Lhe location of driveways and traffic circulation; and (3) Lhe possibility of buffering with more landscaping. Paul Singer, Traffic Engineer, stated he would be happy Lo work with Lhe appl icanL concerning Lhe dr iveways, c irculaL ion of Lraf f is and Lo see if Lhe site could accommodate additional landscaped areas. Commissloner McBurney noted Lhat Lhe parking ordinance is being revised and he would like Lo have staff take a look at the fast food restaurant parking requirements and Lhe parking requirements for convenience markets that sell fast foods. 8/3/87 ._ _.,.. _..... ...... :>,-,...._ ....,, :t .3;rF~+.f ..u'a:,=rn.+~ H. ;'i.l.zlcs.r t.~w~la:_ . MINUTES, ANAtIEIM CI'PY PLANNING COMMI5SIUN, AUGUST 3, 1987 87-546 The applicant indicated he would like to request a continuance to the meeting of. Auyusl 17, 1987, in order to meet with the Cir.c.le "K" people to discuss the issues raised here today and with Paul Singer to see if they could resolve the traff is And landscape problem9. ACTION: Commissioner Mceurney offered a motion, seconded try Commissioner Bouas and MOTION CARRIED (Commissioner Carusillo absent) Lhat consideration of the abovementioned matter be conl.inued to the Cegl,laCly-scheduled rnecting of August 17, 1987, at the reyuest of the petitioner, Commissioner Herbst noted Lhis would be Item No. ]. on the agenda. 1'P EM N0. 5 EIR NEGATIVE DECLARA'T'ION, WAIVEK 0[~ ~_ODF. REQUIREMf:N'P AND CONDITIONAL [ISE PERMI'P NU. 2934 PUBLIC HI.ARING. OWNERS: RU 1)Y G. DF,LEGADO, 102 Eucalyt~tus Drive, Anaheim, CA 92807. AGENT: L~RTF;NDS OF LUE3AVITCH OF UttANGE COUN'T'Y, 517. S. Brookhurst Street, Anaheim, CA 92804, ATTN: MOStiI~; SITUtt. Property describer:] .as an irregularly-shaped parcel of land consisting of approximately 1 acre located at the southeast corner of Eucalyptus Drive and Santa Ana Canyon Road, 10'l S. Eucalyptus Drive. 'Po permit a synagogue with classrooms and child day care Eor a maximum of: 25 chil~9ren with waivers of permitted location of parking lot. and mrnimum number of parking spaces. There were approximately twelve people indicating their presence in opposition; and three people indicating their. presence in favor to subject request and although the staff report was not read, it is referred to ana rnar]e a part of the minutes. Rabbi Moshe Shur, agent, thanked the Commission for allowing him to present this application and staff for guiding them with their project. He stated they were looking for a place in Anaheim Ii ills where a synagogue would be permitted witFr a conditional use permit. He noted the property they found is a blighted property. He said they were proposing to improve the property by first cleaning up overgrown vegetation, etc. and stay with the existing structure and improve it. He said they propose to have parking as required by rode which will also be a major improvement over what is there now. He said they tried to be very sensitive to the needs of the neighbors. He said they contacted those neighbors they thought might be concerned. Tie noted one of the neighbors toad a concern about the easement and he said they would give full right foc the easement as was requested in the staff report. He said they are requesting a waiver of the parking spaces because the usage of the structures will not coincide with the required parking spaces. He said the maximum of 70 people might occur one to five times per year and the day care and adult education classes during the week would draw much less than 70 people. Ife also sT:ated he would like to be able to later negotiate with ttre individual departments with respect to some of the conditions in the conditional use permit such as Condition Nos. 1, 4 and 14. He said he was available to answer any questions. 8/3/87 MINUTES. ANAHEIM CITY PLANNING COMMISSION, A~'~UST 3, 1987 87-547 Sunny Harrison, 394 S. Silverbrook Drive, stated crhe was within 1-1/2 to 2 miles or a 5 to 8-minutr, drive of the area being di:;cussed. She said she has three daughters and hot two oldest girls went to the Jewi:~h Preschool in Garden Grove and she has a 30 minute drive La get to a house of worship, so she would very much 1ikr. to sc~e this approved. Rabbi Eliexrie, Executive pirector, Chabad Community Center, 1337. S. Ashington La nn, Anaheim, saicl one of the ma jot reasons Lhis project is important. is because there in a demographic shift in Lhe degree of Jewish families from ventral Anaheim to the Anaheim Hills area, creating a need for a place of wore}rip and religious education. He said there were two other. houses of worship on srrnta Ana Canyon Road, so it would be an appropriate place far a synagogue. Wiliam Ilvc3ie, attorney, 2122 N. t3roadway, Santa Ana, stated he was appearing on behalf of some concerned res.ident3 in Lhe area and submitted a petitton with 35 signatures of tea idents in the area serviced by Lhe }:ucalyptus access road and he submitted a map of Lhe general area indicating the properties owned by the persona signing the petition circled in r.ed. He said there were three primary objections setforLh on Pagca 3 of: the petition; (1) that the proposed use by applicant will adversely affect l.he adjoining land uses; (2) that the proposed site is inadedu~te to allow its full development in a manner that will not be detrimental to Lhe F~,eace, health, safety and general welfare of Lhe area; and (3) that Lhe traffic generated by the proposed ;ase will impose an undue burden on the street designated to carry the traffic into the area. He also noted a real traffic hazard was tur.nrny off of Santa Ana Canyon Road w}ric}r is a 55 mpt~ street onl.o Eucalyptus which is a very narrow street. He said Eucalyptus is Lhe only egress and ingress street for appraximately 30 to 35 home:; in this area which would put a real burden an these people with the additional LraEf is f torn the synagogue park ing lot. Ray Kahn, 108 S. Eucalyptus, thanked Commission for allowing them to come and speak on this project. Fie s}rowed exhibits relating to size of lof. includ ing two easements, one a 20-foot easement adjacent to his property and a 30 fool easement an Eucalyptus Drive making Lhe building area of Lhe lot 22,283 square feet rather than approximately 1 acre. He said there were other churches in the area, one existing and one being built, but they were several acres in size and very far away from residential areas. He noted Lhey had 15 to 20 feel of landscaping against solid block walls and the residential area backed up Lo these walls. He also showed an exhibit of his house indicating he had windows in almost all. rooms which looked onto Lhe proposed church property. He said the staff report indicated the facility required 55 parking spaces and only 33 were being proposed, and notec9 there is no parking available on Santa Ana Canyon Road, and Eucalyptus is a substandard street only 18-foot wide. He said the weddings, funerals and social functions will generate a lot of traffic and need for parking. He said 25 children attending the day care center will create a lot of noise. Fie also noted safety was an issue because Lt~e road is so narrow. He said Lf•rey would rather see a home built on that property. Jim Ferrell, 116 S. Eucalyptus, went over some of Mr. Kahn's poinLg. He also said it was "touchy" for the Commission to change a residential zone to a higher. density. He noted there were 2200 homes going to be built on Weir B/3/87 IM Ci`rY E~LhNNING COMMISSTON,_ AUGUST 3. 1987 87-548 MINU'PES, ANAfiE _.~~ Canyon behind their houses, wh ict~ meant the t raf f is situation was go my Lo worsen. He said the proposed synagogue and day care center would just add Lo U~is dangerous situation. Dorothy H. Autry, 21291 E. Autry Drive, Anaheim, stated trer home t3 its on 1 acre of: land and in addllion ahe also owns 2-1/2 acres of vac~~nt land. SI~^ read a poem t the Planning Commission wtrich ahe said expresses trey. feelings. She said shy agreed with Mr. Kahn and Mr. Flogie. She indicated concern about the 20-foot easement located southeasterly of Mr. Delegado's property because she sold Mr. Delegado that property in 1975 and had retained the easement. She questioned how septic tanks would be able to Kandla: a church and day care renter. Dr. John Spear, 7690 Eucalyptus Drive, stated he lives up the hill from the proposed site, and said he Eelt Lhey are building something square and trying Lo fit it in a round hole. He also expressed his concern that Santa Ana Canyon was becoming the 91 Freeway Lo the east and noted that Eucalyptus Drive created something of a blind intersection. Nick HeryenreLer, 7710 Autry Drive, stated his marn concern was traffic. He noted that heading west on Santa Ana Canyon Road there is no left turn lane ar~d people dropping oEC children would have Lo turn from Lhe left lane. Ele said when you turn left onto Eucalyptus you Dave Lo turn into a bike lane and then make a quick right, which is danyerous. Grace Kahn, l0a S. Eucalyptus, said she lives next door to the proposed project and feels it will adversely affect the neighborhood, the environment, her home and family. For these reasons, she is asking the Commission Lo deny the proposal. Rich Bose, 7675 Eucalyptus, said he Eelt any deviation from residential building on that property would be non-conforming to Lhe surrounding residential area. He noted their area was supposed to be a plush -type area, and didn't feel a day care center should be the first thing a person sees when entering their street. He stated he would like Lo see a plush home built on the property. Staff set up the slide projector for Mr. Kahn. RECESSED: 3:50 p. m. RECONVENED: 3:55 p.m. Ray Kahn presented a slide show of the Eucalyptus Drive area from Santa Ana Canyon Road, petitioner's proposed site and the Lwo churche4 in Lhe area. Rabbi Shur, Education Director, Chabad Community Center, stated he telephoned Mr. Kahn and informed him Lhal Lhey were requesting a conditional. use permit. He Lo1d Mr. Kahn they were concerned about their neighbors and would like to address any Issues the neighbors might have. He said that Mr. Kahn mentioned the easements which gave him access to drive from Lhe back of his house Lo Lhe front and the applicant told trim the access would still be available by using their driveway. Rat~bi Shur noted Lhe easement was really Mrs. AuLry's easement. 8/3/87 ,,: ~• ~,r- MItJU'r1;5, ANAHEIM CITY PLANNING COMMISSION, AUGUST 3, 1987 87-549 Applicant stal.r,d that Mr. Kahn told him he was not concerned about. having a synagogue next door, and, in fact, would be happy to have one; and yet toda,+, he has expressed for 15 minutes why he doe3 not want t.o have a synagoyue next door. In response to concerns named by those opposing the project, applicant noted that nowtrere in their request did they speak about funerals or weddings. He said they do not foresee holding either in their sy nagogue. He al.ated if there is a 55 mph on Santa Ana Canyon Road, and it is Lhe new freeway to the east, it would be much better Lo Have a synagogue on that corner instead a of. res ident ial trome. He noted there is a page and a half of requirements fot Lhe day care center in the staff report, and that they have to meet Ihe:se requirements before they can operate the day care center. He said if they meet Lhe requirements, then all the concerns of Ltre opposition will he answered. Ile noted they were willing Lo work with Lhe neighbors. Rabbi F.liezrie noted that throughout Orange County and Anaheim, there is an integration of churches and residential property. He said they have been located in Anaheim proper for the past 5 years. He invcted members of the neighborhood to drop by any Saturday morning and they will ,e e, as a rule, no more than 15 or 20 adults at Lhe services and 4 or 5 children. tie said they don't expect to be a large entity because they ar.e more the religious end of the community and attract a smaller amount of people. He Hated during Lhe five years he has been here, they have only conducted funerals at Lhe Jewish Cemetery located in Costa Mesa. He said weddings are performed in rented halls and hotels where they can get proper kosher catering. He also pointed out, they are the first lot on the 3lreet, the area is basically flat and t'ne opening is much wider than on Lhe street further up. He said they should not aversely affect the traffic, as the traffic will only be traveling 10 to 15 feet up the street. He noted their schools operate under a high standard of safety. THE PUBLIC HEARING WAS CLOSED. Commissioner Feldhaus asked haw many people attended Lhe services at 512 S. BrooY,hurst Street, and if those same people will be attending the services in Anaheim Hills. Applicant said there was an average of 15 men and 5 women or about 20 people attending the services during the past five years. He said the reason they stated 70 in the staff report was because of the two high holidays they celebrate each year, noting however, that aL their high holiday services last year, they had only 25 people attending. He said they had 25 to 3U families in their group. He said they may rentinue their. Anaheim f~~:ility, if not, these families would come to Anaheim bills, but he didn't expect any more than that. Chairman Messe noted they would be having 1 service a day rather than 2 or 3. He said he did not feel anyone would be purchasing that property to build a home. Commissioner Herbst stated this particular location does ncl lend itself to a day care center because of the bumper to bumper traffic around 3:00 p. m. on Santa Ana Canyon Road which is the same Lime the center is scheduled to close. He said he had no problem with the synagogue if used only as a place of worship. 8/3/87 .. +wr .~; MINUTES, ANAHEIM CITY Pf,ANNING COMMISSION AUGUST 3 1981 87-550 Rabbi Eliezri~ ~taLed Lhey have been looking for a solid year [or a piece of properly, and cell Lhis location was r:citable. Commissioner tsoydstun asked staff if a sepLis Lank would have Lhe capacity to handle a school and church. Jay Titus, Office Engineer, slated Ltcere is a sewer. line existing aL Santa Ana Canyon Road, east of Lhe propcrLy, they could Lie into. He noted it. would be expensive Lo do so. Fie said he was not aura ;;.:~ouL Lhe sepLir_ tank, but could check into iL. Commissioner BoydsLun said there waa a 20-fool eanemenL on Lhe south aide of Lhe properly and wanted Lo know if Ltcey would need Lhe permission of Lhe person ~aho put Lhe easement on Lhe properly in order Lo abandon it. Malcolm Slaughter, DeptaLy City Attorney, stated, from a City per3pective, we do not know what Lhe rights or obligations are of the eanemenLs of either the burdened property or Lhe propcrLy entitled Lo benefit from Lhe easement. FIe said that is really a problem between Lhe developer and owner. He +aaid if we approve a plan LhaL Lhe petitioner wants us l:o approv~_, and he can't implement iL because of obligations Lo a third party, LhaL is simply between those parties. Chairman Masse inquired as to why Lhey asked Eor 25 children in Lhe day care center. Applicant said 25 children makes ttce program operable and Ells Lhe needs of Lhe area. Chairman Masse asked if 25 children would be Lhe total enrollment rather Lhan Lhe amount of cY~ildren on-site at any one Lime, and applicant. responded LhaL was correct. He said some children will attend 2 Limes a week and some 3 times a week and so on. Commissioner Bouas asked if the 25 children attending would also be members of Lhe church. Applicant said there are three segments Lo the Jewish community: Reform, Conservation and Orthodox. He said they represent Lhe Orthodox segment of Lhe community and you will find i,he smallest amount of families identify with Lhis segment. He slated other segments of Lhe Jewish community will Send their children Lo Lhe day care center, but will not attend their services. Commissioner Bouas said she was concerned about the paLkoi~gtbenna wallland Lo Mr. k~hn's house. Applicant said Lhey would be happy landscap ing that would be pleas ing Lo t:he Kahns. Commissioner Herbst said he felt they had good input; from Lhe citizens and the people from the synagogue. He said he had no problem w;1:h the synagogue itself, but did have a problem with Lhe day care center. ACTION: Commissioner Herbst offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (Commissioner Carusillo absent) LhaL Lhe Anaheim City Planning Commission has reviewed Lhe proposal to permit a synagogue with classroom and day care facilities with waivers of permi.tLed location of parking lot and minimum number of parking spaces on an irregularly-shaped parcel of land consisting of approximately 1 acre located aL the southeast corner of Eucalyptus Drive and Santa Ana Canyon Road and further described as 102 South Eucalyptus Drive; and does hereby approve the Negative Declaration 8/3/87 ~,,. 87-551 MINUTES ANAHEIM CITY PLANNING COMMTSSION AUGUST 3 19H7 upon Einding that it has considered the Negative Declaration together with any comments received during the public review process and Further Einding on Lhe basis of the Initial Study and any commAnLs received LhaL there is no substantial evidence LhaL Lhe project wil..l have a siyniEicanL ofEecL on the environment. Commissioner Herbst oEEered a motion, secor.jed by Commissioner hicBUrney and MO'PION CARRIED (Chairman Messe and Commiasion~: Bouas voting no and Commissioner. Ca[usillo absent) that. the Anaheim C Ly Planning Commission does hereby deny waiver oF• Code reyuiremenL on Lhe basis Lhat parking is inadequate and LhaL Lhe parking waiver will cause an increase in Lraf.Eic congestion in Lhe immediate vicinity and adversely affect any adjoining land uses and granting of the parking waiver will be detrimental Lo Lhe peace, health, safely and general welfare of Lhe citizens of Lhe City of Anaheim; and, further Lhe synagogue being proposed is in one of. Lhe highest growth areas in Lhe City, and LhaL Lherc are no special circumstances applicable Lo Lhe properly such a:; size, shape, topography, location and surroundings which do not apply Lo other identically zoned property in Lhe same vicinity; and LhaL strict application of Lhe Zoning Code does not deprive the properly of privileges enjoyed by other properties in the identical zone and class if icaLion in Lhe vicinity. Chairman Messe stated he felt Lhe parking was adequate for this location and Ear Lhis part of Lhe Jewish community. lle noted LttaL many members of Lhis segment do not drive on Lhe Sabbath, so they would riot be using the parking lot on Lhe day of warship and secondly, all Lhe uses are not si.mulLaneous. Cornmissioner Herbst offered Resolution No. PC87-152 and moved for its passage and adoption that the Anaheim City Planning Commission does hereb}' deny Conditi.ona] Use Permit No. 2934 on Lhe basis that parking rs rLuseDrive isd that ingress and egress onto Santa Ana Canyon Road via Eucalyp inadequate and unsafe particularly for Lhe daily traffic of a child day care facility and the use would adversely affect Lhe adjoining land uses and be detrimental Lo the area and to Lhe peace, health, safely and general welfare of Lhe c iL izens of Anaheim. ChsidenceMandelhaLdLhe proposalsinofronLlofnthem wasuaegoad userforLLhe re property . On roll call, the foregoing resolution ~,ss passed by the following vote: AYES' BOUAS, BUYDSTUN, HERBST, MC BURNEY NOES: FEI,DtiAUS, MESSE ABSENT: CARUSILLO Malcolm Slaughter, Deputy City Attorney, presented the written right Lo appeal Lhe Planning Commission's decision within 22 days Lo Lhe City Council. 8/3/87 MINUTES ANAHEIM CITY PLANNING COMMISSION, AUGUST 3 `1987 _ 87-5y2 I'fEt4 N0. 6 EIR NEGATIVE UF.CLARATION, WAIVER OF CODE REQUIREMENT AND CONDITIONAL URB PERMIT N0. 2935 PUBLIC HEARING. OWNL;RS: GERARU J. ROUGHER, 197 Emerald Bay, Laguna Ileach, CA 92651. Property described an an irregularly-shaped parcel of land consisting of approximately 220 Feel on the weal side of F[arbor Boulevard, 1009 South Harbor Boulevard. To increase the number of recreational vehicle spaces within an existing R.V./Mobile ilome Park For a total of 198 spaces with waivers of. (a) minimum landscaped l:conL setback, (b) minimurn dimen:.;ions of vehicles accessways and (c) minimum number of mobile home guest parking spaces. 'there was no one indicating their presenre in ol~~posiLion Lo subject reyuesL and although Lhe staff report was not read, iL is referred Lo and made a pact of Lhe minutes. Jerry Douyher, 197 Emerald F3 ay, Laguna Beactr, representing Anaheim k[arbor R.V. Park, said their reyuest i.s E.or a conditional use permit to provide 1:'or rehabilii.ation of Lhis blighted and improperly uLilir.ed property located Lwo blocks north of D-:~neyland. He noted Lhe proposed use is substantially the same as the existing use. He staled the [t.V. Park was in operation prior Lo annexaLiorr Lo the City of Anaheim in 1956. Fte ,aid in 1971 Lhe Eurmer owner agreed Lo make cer.Lain changes based on a conditional use permit. He Holed the original plan: were flawed Erom Lhe beginning. FFe stated Lhe roads wero all one way, narrow with 1008 on-;rLreeL parking and Lhe lots ware ode] sized. [ie slated the utilities were above ground and damaged by overgrown trees. He said there was no provision made for surface water drainage and conseyuenLly, one-third of Lhe park flooded following each rain. He slated a 10-year battle with Code Enforcement.. ensued, and that Lhe park became notorious with police offrcers as being a center for c]rug trafficking, prostitution, theft, shootings, etc. He notec] Lhis existed up to 7 monLt~s ago when Lhey purchased the property. He said his company owns and operates more mobile home packs in Orange County than any other group and Lhey are exceptionally maintained. He noted they have converted five other blighted parks in Orange County. He said with the cooperation of the properly owners in Lhe area, boLtt commercial and residential, and Lhe agencies of Lhe City of Anaheim, Lhey have be err able Lo cause a mass exodus of all unwanted guests in the park. He paid pol:ential guests must meet high standards prior Lo addmission Lo Lhe park, and that all park rules and regulations are ~Lrictly enforced. He said Lhey are working on Lhe physical rehabilitation of Lhe park by eliminating odd and oversize lots, blind alleys and obsolete f. acilities, in order to design a safe, efficient and attractive R. V. community. Mr. Rougher noted that Lhe 6-foot block walls and alley provided privacy for the adjacent apartments and condominiums. H? said one of the benefits of Lhe park is the addition of 63 spaces generating approximately 30,000 in bed Lax revenues Lo the City. He noted LhaL parking and traffic circulation would be improved; utilities would be put underground; and that the surface water 8/3/87 A ;~. ~~ MINU_ TI;S,LANAHEIM_CI'PY PLANNING COMMISSIUN~,A000S'r 3, 198) 87-553 drainage problem wo~.tld he corrected. He referenced a 6-page petition of endorsements the Planning Cornmissinn had before them. THG PUpLIC HEARING WAS CLOSED. Commissioner gouas asked if Lhis would basically be Eor recreational vehicles and the petitioner responded it would be sl.rictly recreational vehicles and ghat existing mobile homes would be relocated to other moi~ile home parks at no coat to I:he owners. Chairman Messe asked how long, during the winter months, would Li~ey allow R.V.'s to park in any given spot. Applicant said he would prefer. to have no time restrictions on any R.V. that stayed in the park. HF~ said the previous conditional use permit allowed only 30 days but he would like them allowed to shay som4thing less than 9 months, but more than 30 day. Chairman Masse asked if the other five parks they owned were R.V. parks and applicant responded they owned both mobile home and R.V. parks. Chairman Messe asked applicant how the 30-day period was handled in those parks and applicant said at Ponderosa travel trailer park, they have a turn-over about every 4-6 months. Malcolm Slaughter asked if they continued to collect, and turn over to the City, transient occupancy tax from those tenants after the 30 days and applicant said nu. Commissioner Doydstun said it seems very impractical to make a person move after 30 days when Lhey may be visiting for 3 to 4 months. She stated perhaps we should change the ordinance and collect the bed Lax the entire length of their stay. Commissioner McBurney asked i.f there was an ordinance i.haL read the minimum is 30 days and Mr. Slaughter said the 30-day period is for purposes of the transient occupancy tax. He explained Code states they are considered a transient up to 30th day of occupancy. He said the motel and hotel definitions in the Code state: 'they may only rent space or rooms not to exceed 7 days", but it goes nn to say that nothing precludes them from renting as many consecutive 7-day periods as they may wish, so there is not a limitation for motels and hotels. Chairman Messe stated that he felt people should be allowed to stay over 30 days. Commissioner Herbst stated the drawings indicate 15-f oot dr ivew-~~s and 14-f oot parking stalls and he felt it would be difficult to back a trailer into a 14-foot stall from a 15-foot: driveway. Applicant said that in their parks they have a policy that management always assists the R. V. operator into the space. He noted that they have a tractor tug that hooks onto a fifth wheel or trailer and they will actually park the vehicle for them, and that they will also park a self-contained R.V. motor home. He sa.i.d they have an area with straight access for the large motor buses and motor homes. 8/3/87 ,i' MItJU'PES, ANAHEIM CITY PhANNING COMMISSIGN, AUGUST 3, ]987 87-554 Chairman Messe asked r~h~ applicant to address waive:. (c), minimum nurnbr_r of mobile home yuQet parking spaces. Applicant 3a id Lhe number of mobrle homes in the park will. be :liminishing over a very short period of timEr. He also noted that the mobile homes aee not setting on the lots in a very ~~rderly Eanh ion, and con:;equently, some are taking up to 2 or 3 lotr3 wh i~.~ would provide adequate guest parking for additional people. FI2 raid they do not normally have 100a occupancy, go F.hey are able to provide ~]uest park ing for all of their mobile homes. Commissroner Feldhaur asked Lhe applicant if they permitted in park R.V, or mobile home sales on the premises and applicant raid no and added, their policy is if an R.V. is sold in the park by Lt~~c o~,uer, iL must be removed from the park. Commissioner Eeldhaus asked if s. id because of. Lhe Ca l.ifornla r:omt~r~. Commissioner Eeldhaus asked ho appl ic.:rnL said they have other one of their other locations. moved. this inclruied rnob i.le homer and Lhe applicant residency law, Lhey could no: include mobile w the mobile homes would he relocated and mobile home parks and they offer a free move to He noted approximately 1 per month was being In re. ponse t.o quest ions f. rom C'ommiss loner Eeldhaus, appl rcanl. said ere has told the mob ilr. home owners in tt~e park Ltrat he d idn' L intend to elevate Lhe rent and cause them any undue bards".ip, and he slated their rent. i.s consistent Faith LhaF. statement. He also stated that he sends out a quarterly report Lo the tenants not ify ing them about future plans and what. progress is tak ing place. Chairman Messe noted that most of the tenants signed in favor of this request. Chairman Messe acknowledged receipt of a letter Carom ~'!. Rougher, dated .Tuly R, 1987, and asked i° he wou1~9 stipulate to everythin5 'n the letter any] Lhe appl i~~ant re:~ponded yes. Commissioner Ee.ldtraus asked what kind of time frame the applicant had f.or fixing potholes, planting the evergreens and palms, etc. and applicant said within one year and perhaps even within 6 months. ;CTIGPr: Comm i.~s i oner Bo~aas of f Bred a mot i on, seconded by Commissioner McBi~rn~y and MOTION CAItRIF.D (Commissioner Carusillo abser,L) that the Anaheim pity Planning Commission has reviewed the prol:osal to increase the umber of recreational-vehicle spaces within an existing R.V./Mobile Home Park for a total of .198 spaces with waiver of minimum landscaped setback, minimum ~! imens ions of vehicle accessway and min imurn number of mobile home guest parking spaces on an irregularly-shaped parcel of land consisting of approx imati:ly 4.8 acres, having a f rontage of approximately 220 feel. on the west aide of Harbor Boulevard end further described as 1009 South Harbor Boulevard; 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 fu~th~r f irrding on ttre 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. 8/3/87 4 M MINUTES, ANAHEIM CI'PY PLANNING COMMISSION, AUGUST 3, 1987 67-ri55 Com:nissianer flouas offered a motion, seconded by Commissioner McBUrney and MO'CION CARRIED (Commissioner Carusillo absent) that the Anaheim City Planning C~~mmisaion does hereby grant waiver of Code requirement on the basis that there are special circumstances applicable to the properly such as size, shape, topography, location and surroundings which do nct apply Lo other identically zoned property in the same vicinity; and that strict application of the Zoning Code deprives the properly of privileges enjoyed by other properties in the identical gone and classification in the vicinity. Commissioner IIouas offered Resolution No. PC87-153 and moved E~~. its passage and adoption that Lhe Anaheim City Planniny Commission does herehy grant Conditional Use Permit No. 2935, pursuant Lo Anaheim Municipal Code Section 18.U3.030.03U through 18.03.030.035 and subject to Interdepartmental Committee recommendations; and further to the petitioner's stipulations (.o the following conditi~~ns; (1) That management personally assist al.l vehiclert into and out of parking spaces. (2) That tt~e or.-street parking shall be reduced from 111 to 6 spaces. (3) That l92 .lots shall provide on-lot parking. (4) That 151 lots shall provide additional tandem guest parking space. (5) That a 25' thorou~ihfare shall be provided at the entrance. (6) Thal a "hammerhead" turning area be provided; and the widening of the road at f:ach corner, to promote access for trash, fire and other emer.yency vet.icle+, be required. (7) That the trash bins be located near the park exit to he mare convenient for departing guests and to facilitate +_ra;~lr pick-up. (8) Thai t'nere be 12 feet of privacy provided between the units. (9) That ~varyreens., palm trees and flower: will be planted to replace the diseased dec~'uou~ trees. (10) 7.'hat the potholes, irregular asphalt surfaces and eroded .noulders of Lhe streets shall be repaired. (11) Thal Lhe utilities will be upgraded, (improved electrical capacity) expanded, (Cable TV, gas, telephone) and repaired. (12) That Lhe existing overhead Doles, wires and above-gro+rnd gas pipes be removed and new utility lines placed underground. (13) That concrete storm drains be installed. (14) That the existing laundry and resLroom facilities will be upgraded by installation of new Facilities in the storage room. On roll call, the foregoing resolution wag passed by Lhe following vote: AYES: BOUAS, BOYDSTUN, FELDHAUS, HERBST, MC BURNEY, MESSE NOES: NONE ASSENT: CARUSILLO Malcolm Slauyr+ter, Deputy City Attorney, presented the written right to appeal t:he Planniny Ca~nmiss~on's decision within 22 days to the City Council. ITEM N0. 7 EIR NEGATIVE DECLARATION AND VARIANCE N0. 3681 PUBLIC HEARING. OWNERS: RICf1ARD E. DUNHAM & BEVERLY A. DUNHAM, E'P AL., 2402 Celle Madiera, San Clemente, CA 92672. AGENT: MICEL, INC., 1433 W. Maxzim, Fullerton, CA 92633, ATTN: DUNA BU:2K, PR~SIDEtJT. Property described as an irregularly-shaped parcel of land consisting of approximately 0.4 acre, 1175 Osprey Circle. Waiver of minimum number of park ing spaces to retain err accessory oi~+:door storage area. 8/3/87 ,~ ~ ,,, MINUTES, ANAHEIM CITY PLANNING COMMISSION, AUc;UST 3, 1987 87-556 There was no one indicating their presence in opposition to subject request and although the staff report was no! read, it is reF.erred to and mado apart of the minutes. Dona Burk, agent, stated they would .like to request a waiver of minimum number of park ing spaces from the reyu ired 22 to 14 . She noted the staff report indicated 12, but the Traffic Engineer suygested it would not be viable without 14 spaces, so they would accept the condition of 14. She stated the Fire Department had required segregal.ed storage, which for them means, segregation and containment of hazardous mal.er ials in spec if is yroups. She said that requirement dictates outside storaye in terrr3 of classes of compounds and materials . She staled that was why they were us my outside park ing spaces for storage. THG PUBLIC I;EARING WAS CLOSED. Chairman Messe asked what the tank was }rang ing off the building to fire north. Applicant sa id she did not know. In response to quest ions by Commission, s}~e said their Eac it i ty was inspected yearly by the Fire Department and there was a new hazardous materials disclosure statement requ ired by the City of Anaheim which has to be updated bi-annuity. Chairman Messe asked s Laff to have the Fire Department check the container hang ing on the building to t}ie north. ACTION: Commissioner Mcf3Urney offered a motion, seconded by Commissioner Herbst and MOTION CARR>`ED (Commissioner Carusillo absent) that the Anaheim City Planning Commission has reviewed the proposal to retain an accessory outdoor storage -area with waiver of minimum number of park my spaces on an irregularly-shaped parcel of land consisting of approximately 0.4 acre, having a frontage of approx im~tely 117 feet on the east side of Osprey Circle and being located approximately 216 feet. north of the centerline of Edyle Drive and further described as 1176 Osprey Circle; and does hereby approve the Negative Declara;_ ion upon finding that it has cons idered the Negative Declaration together with any comments received during the public review process and further finding on the bas is of the Initial Study and any comments received that there is no substantial evidence that the project will have a sianificanL effect on t_he environment. Commissioner Herbst of ~ered Resolution No. PC87-154 and moved for its passage and tadoption that the Anaheim City Planning Commission does hereb;~ grant Variance No. 3681 in part on the basis that the parking waiver (approved for 14 spaces instead of 12) will not cause an increase in traf.f is congestion in the irnmediate vicinity nor adversely affect any ad joining land uses and grant is g of the park ing waiver under the conditions imposed, if any, will not be detrimental to the peace, health, ssfety and general welfare of the citizens of the City o~ Anaheim; and further on the basis that the petitioner stipulated to provide a minimum of 14 gark ing spaces to accommodate subject use and subject to Interdepartmental Committee recommendations. 8/3/87 ,~ MINUTES, ANAHEIM CITY PLANNING COMMISSION, AUC,UST 3, 1987 87-557 On roll call, the L•orego ing reso.lut ion waa pA08ed by th~~ following v~~t.e: AYES: BUUAS, BOYDST~N, FFLDHAUS, NERDST, MC BURNEY, MESSE NOES: NONE ABSENT: CARUSILLb Malcolm Slaughter, Deputy Cil.y Attorney, presented the wr it.ten right to appeal the Planning Commiss i on's dec is ton within 22 days to the City Counc i 1. ITEM N0. 8 EIR NEGATIVE DECLARATION AND ItI;~UEST FOR SPECIMEN TREE REMUVAI. NO. 37-04 PUBLIC ttEARING. bWN)aRS: RAY BADtI, 2791 Saturn Street, t#B, Fires, CA 92621. Proi~erty descr ibed as an irreyular.ly-shaped parcel of. land consisting of approximately 0.9 acre, 141 South Peralta Flt.lls Drive. To permit Lhe removal of fourteen (14) specimen trees. There was no one indicating their presence in oppos it. ion ~ ;sub ject request and although the staff report was not read, it is referred Lo and made apart of the minutes. Malcolm Slaughter, Deputy City Attorney, stated the applicant had spoken to him earlier in the meet ing and had ind icated that she had to 1 ave to pick up her children and would not be able to return to the hearing; she also slated that She did not want t.o continue this .natter. Mr. Slaughter stated he had informed Lhe applicant she could submit her request on the basis of the record i n the staff report, and their petition and any support ing documentation; and the Planning Commission could proceed if they desire to do so. Commissioner Mcl3urney said Ise had reviewed the plans and found the tree removal, as requested, is well within reason. He noted irr order to substant fate a slope at the rear of the property they wculd have to remove those trees and with replacement, as dictated by our Zoning Ordinance, he could support this project. C't~aicman Meese said he had looked at the property and agreed with Commissioner Mc Burney. ACTION: Commissioner McBucney offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED (Commies loner Carus it to absent) that the Anaheim City P~:~nning Commi,~sion has reviewed the proposal to permit the removal of fourteen (14) specimen trees on an irregularly-shaped parcel of land consisting of approximately 0.9 acre, having a f rontage of approximately 250 feet on the west aide of Peralta Hills Drive, and be ing located approximately 460 feet southeast of the centerline of Santa Ana Canyon Road and further described as 141 South Peralta Hills Drive; znd does hereby approve Lhe Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process and further find ing on the basis of the Initial Study and any comments received that there is no substant ial evidence that the project will have a significant effect on the environment. 8/3/87 MINUTES, ANAHEIM CITY PLANNING COMMISSION, AUGUST 3~19a7 87-558 Commissioner McBurney oEF.ered a motion, secot.c9ed by Commissioner 13oydslun and MO'PiON CARRIEb (Cor,~missioner Carueillo absent) that the Anaheim r.iLy Planning does hereby approve the requested specimen tree removal under Permit At o. 87-04; and that a reasonable and practical development of the property orr which the tree is located req uire9 removal of Lhe tree or trees whose removal is sought and including replacement trees as rep;wired try Code. Commissioner Feldhaus asked if there was a Lime frame in which the petitioner had to plant Lhe new trees in order Ln finalize Lhe permit.. Malcolm Slaughter responded it is required prior Lo issuance of Lhe final building inspection which is done aL Lhe Lime building is ready £or occupancy. I'PEM N0. 9 EIR NI:GA'1'IVE UECLARA'PION (PREV. APPROVED) AND CONDITIONAL USE PERMIT N0. 2090 (RF: ,1VERTISEU ) PUBLIC I11;ARING POR AN EXTENSION OF TIME. OWNERS: HARVEY OWEN, 11061 Hunting Horn Drive, SsnLa Ana, CA 927 Oti. Property described as a rectangularly-shaped parcel of land consisting of approximately 0.`~ acre, 1160 N. Kraemer Boulevard (Oscar's). Request for a one-year extension of time (retroactive to June 2, 1986) and Lhe deletion of Condition No. 5 of Resolution No. PC80-92 Lo retain a public dance hall in +`'e ML zone. There was no one indicating their presence in opposition Lo subject request Und although Lhe staff report waft not read, it. is referred Lo and made a part of the minutes. It was noted the applicarrL was not present. Commissioners agreed LhaL Lhe request was withi,r rea.~on. It was noted Lhe EIR Negative LeclaraLion was previously approved. AC7`I0~?: Commissioner Aouas offered Resolution No. PC87-155 and moved for its passage a~td adoption LhaL Lhe Anaheim City Planning Commission does hereby grant a one year extension of time (retroactive to June 2, 1986) for Conditional Use Permit No. 2090 to retain a public dance ha'.1 in the ML (industrial, Limited) Zone, subject to the conditions as orig>nally imposed and subject to an additional condition as recommended by the Utilities Division: "That within a period of 120 days from the date of this resolution, street lighting facilities along Kraemer Boulevard shall be installed as req~lired by the Utilities General Manager in accordance with spec if ir_ations on f i_le in I:he Off ice of the UL iliLies General Manager"; said ;,ermiL Lo expire on June 2, 1988. On roll call, the foregoing resolution was passed by the following vote: AYES: BOUAS, BOYDSTUN, iELDHAUS, ''ERBST, MC BURNEY, MESSE NOES: NONE ABSENT: CARUSILLO 8/3/87 !~, ... MINUTES. ANAHEIM CITY rNING COMMISSION, A_ UGUST 3~ 1987__ 87-559 Malcolm Slaughter, Deputy City Al.torney, presented the written right to appeal Lhe Planning Comm isr~ion's decision wil.~,+n 22 c9ays to the City Council. ITEM N0. 10 REPORTS AND RECOMMENDATION: A. CUNDITIIONAL USE PERMIT N0. 1343 - Reques~ from .Paul J. Knaak For Lermi.naLion of Conditional Use Permit No. 1343, properly located at 2181 West Lincoln Avenue. ACTION: Comrnissloner Herbst offered Resolution No. PC87-156 and moved Eor its passage and adoption that the Anaheim City Planning Cornmiseion .doe:. hereby terminate Conditional Use Permit No. 1343 in order to comply wi ~-h cond il. ions of approval Eor Conditional t)se Permit No. 2721 granted on July 6, 1987. On roll call, the foregoing resolution was passed by tt+e following vote: AYES: BOUAS, BOYUSTUN, FELDHAUS, E{ERBST, MC RU RNEY, MESSE NOES: NONE AB:iENT: CARUSILLO Mal^ol.m Slau~`rker, Deputy City Al.torney, presented Lhe written right Lo appeal the Planning CommissioneS decision within 22 days to the City Corlnc il. B. CONDITIONAL USF. PERMIT N0. 1218 - REView of proposed uses (automotive repair), f.or property located at 1509 N. Kraemer Boulevard. Benjamin Hale, owner Bert's Towing, stated he would like to have an in-house ^+echani.c with automobile and truck rohair, in addition to his existing business of auto Lowing, impound and storage. Ne noted he would like it to be "Ben's Towiny and Auto Service", fully "ASE" certified which is Automotive Service Excellence. He said Lhe mechanic would repair company tow trucks and cars from outside customers. He said there would be no parking problems because of the Coronado storage yard. Commissioner Herbst stated that since the original conditional use perm?.t was heard by the public, and Commission is being asked to change the conditions of the original conditional use permit, he felt the applicant should apply for a cond it tonal use permit for the accessory usss. He said this would permit staff to came up with recommendations of the added uses; and if the neighbors had any objections, they would have an opportunity to express ~hei.r concerns at the public hearing. He stated he waG not opposed to the applicant's request. Ctta irman Messe noted there was no public not if icat ion on this matter . ACTION: Commissioner Herbst offered a motion, seconded by Commissioner McBurney and h1O`PION CAk,.IED (Commissioner Carusillo absent) that the Anaheim City Planning Commission does hereby recommend that the petitioner apply Eor a conditional use permit which would reflect the requested accessory uses. 8/3/87 w ~. .... w MINU'PrSr ANAHEIM CITY PLANNING COMMISSION, AUGUST 3, 1987 87--SGU Commis~:ioners apologized to Mr. Hale for. the long wail and indicated he would be placed eac.liec on Lhe agenda next Lime. C. .Proposed General Plan Amendment - Request from Planning staff fog r.he Planning Commission to consider an amendment to Lhe General Plan changing the deslynaLion of the north and south sides of Pearl Street west of West Street f rom Medium Density Res ident ial to i,ow Medium Density Resident is 1. IL was noted there were approximately five people in the audience interested in this requ~s;t. Leonard McGhee, Associate Planner, state~f Lhe proposed General Plan Amendment for the Pearl Str~~~~t area is a result of a request made by a number of Anah-aim resident at the July 20, 1987, Planning Commission rneeL~ng. ile said they would like redesignation oC Lhe north and south sides of Pearl Street, west. of West Street, from Medium Density Residential to Low Medium Density Residential. Ile stated the residents were concerned because a number oC recent requests had been made to change the zone to a more intense use. He said they were requesting that ttre Planning Commission initiate a General Plan Amendment to redesignate the!. area from MAd iurn Density Res ident rat to Low Medium Density Residential, thereby, precluding any further rezoning attempts to ~~ higher r~pns ity use. Commissioners noted that after they made this recommendation, it would be set fir public hearing. ACTION• Commissioner McE3urney offered a m~;.ion, seconded by Commissioner Bouas arrd MOTION CARRIED (Commissioner Carusillo absent) that Lhe Anaheim City Planning Commission does hereby ~lirecL staff to prepare a proposed Amendment to Lhe General Plan changing the zoning designation on Lhe north and south sides of Pearl Street, west of West Street from Medium Density Res .ident ia1 to Low toed ium Density Res ident ial. I`PEM N0. 10 "D" WAS BEARD FOLLOWING ITEh1 N0. 5. IT);M N0. 10 "D" (WAS HEARD OUT OF ORDE12) :~. Consideration, Directed by City Council, Lo Exclude Certain Properties from Lhe Proposed Katella Redevelopment Project. 'Ph ere was no on~~ indicating their presence in opposition to subject reyuest and although the staff report was not read, iL is referred to and made a part of the minutes. Norman Priest, Executive Director, Community Development/Planning Department stated direction was given last week from the Anaheim city Council to the Anaheim Planni:ry and Redevelopment Commissions to consider excluding certain properties Erom the proposed Katella Redevelopment Project, due to the extensive comments received at the hearing and subsequent to Lhe hearing. The areas to ae deleted are the residential areas incluJed in the project. He stated the Planning Commission could adopt a resolution excluding the residential areas considered at their Joint Session with the Redevelopment: commission some two weeks ago. 8/3/87 M U ~. MINU'Pf:S, ANAIiEIM CITY PLANNING COMMISSION AUGUST 3, 19t37 97-561 Commissioner Iterbst offered Resolution No. PC~7-.149 and moved for its passaye and adopt ion that the Anaheim City Planning c:ottt:,, i:. s i on doen hereby approve Lhe removal of certain properties Erom the KaLellu Redevelopment. Project as directed by the Anaheim City ~ ouncil. Crt roll call, the foregoiny reAOluLion was passed by ttie following vote; AYES: BOUAS, FxOYUSTUN, FELDHAUS, t1f;RBST, MC BI)RNEY, MESSE NOES: NONE ABSENT: CARUSILLO Commissioner i3ouas offered a motion, seconded by Cornmissioner. McBurney and MOTION CARRIED (Cornmissioner Carusillo absent) that tI•,. Anaheim City Planning Commission does hereby waive the Brown Act which reyuires a 72-hour notice because t},e need Eor the Following item became evident after Lhe agenda was prepared. Mr. Priest Holed that Lhe Anaheim City Council, on July 14, 1987, directed the Anaheim City Planning Commission and Redevelopment Commission to look at this project and also directed Lhe Redevelopment staff to meet with residents in the proposed project neighborhood areaa. He said they had conducted four of the ten scheduled meetings. tie stated since they have begun the rneet.ings, they have found .Z universal criticism of this project. anc9 found v~.~ry few in favor of this project. He said in following dire^tiu;t Erom I_he Anaheim City Council, they Have listened to these comments and would like to recommend tha+ the Anaheim Planning Commission adopt the followiny resolution (copres of the proposed resolution were distributed at this lime l.o the Planning Commission) recommending Termination of all proceedings associated with the proposed approval and adop+ion .: the Katella Redevelopment Project and conditionally, resc ind my :.ll Planning Cutnmission act ions heretofore taken in furtherance thereot. Mr. Priest rear? the proposed resolution to Lhe Planning Commission. Commissioner Herbst offered Resolution No. PC87-150 and moved Eor its passage and adoption LhaL the Anaheim City Planning Commission does hereby approve the Termination of all proceedings associated with the proposed adoption of the Katella Redevelopment Project and conditionally rescinding all Planning Cornmiss,~n actions heretofore taken in furtherance thereof. On roll call, the; foregoing resolution wr~s passed 5y Lhe fallowing vote; AYES: BOUAS, BOYDS'PUN, FELDHAUS, HERBST, MC BURNEY, MESSE NOES: NONE A!3SENT: CARIJS3LLO Malcolm Slaughter, Deputy City Attorney, presented the written riyht to appeal Ltie Planning Commission's decision within 2'L days to the ~ity Council. 8/3/87 ~ ~ { MINUTES. ANAHEIM CITY PLANNING COMMISSION, AUGUST 31 1987 87-562 PUF3i,IC INPUT: NONE ADJOURNMENT: Commissioner Flerbst offerod a motion, seconded by Commissioner F3ouas and MO'PION CARRIED (Commissioner Carusillo absent) Thal the meeting he adjourned. The meetir was adjourned al 5:45 p. m. Respectfully submitted, ~lliy~~~i'~' Pamela H. Starnes Secretar Pro Tem ore Y p Anaheim Cily Planning Commission PHS:Im OOlOm 8/3/87