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Minutes-PC 1987/08/17..~ MINUTES - August 17, 1987 The regular meeting of. thc~ Anaheim City Planniny Commission was called order by Chairman Mes:3e at 10:00 a.m., August 17, 1987, to the Council Chamber, a quorum beiny present, and the Commission reviewed plans of items on today's agenda. RECESS: 11:30 a.m. RECONVENED: 1: 3U p.m. PRESENT: ABSL•"NT: AhSO P.~I;SENT: Chairman: Masse Commissioners: Bouas, Boydstun, Carusille, Feldhaus, (icr!~st Commissioners: Mc Burney Annika Santalahti Malcolm Slaughter Jay Titus Paul Singer Debbie Vayts Greg Bast ings Ed.i th Ilar r is Zoning Administrator Deputy City Attorney Of f. ice F,ngineer Traffic Enyineer Leasing Supervisor senior Planner Planning Commission Oecretary to the AGENDA POSTING - A complete copy c~ tl~e Planning Commission agenda was posted at 8:30 a. m., August 14, 1987, in the Council Chamber display case located in the lobby of the Council Chamber, and in the Civic Center Kiosk. MINUTES FOR APPROVAL - Chairman Messe pointed out pages 520 through 523 ar.e repeated with pages 524 throuyh 527. Co-nmissioner Feldhaus pointed nut he had abstained from the vote on Conditional Use Permit No. 2929 ind tha minutes reflect him being ahsent ~n page 5U6. .ACTION: Commissioner Bouas offered a motion, seconded by Comnissi~ner :1eri~st and t4OTI0N CARP,IED (Commissioner Mc6urney absent) that the minute.^- of the July 20, 1987, meeting be approved as corr~ct•ed, and that fife minutes of the meeting of August 3, 1987, be approved as submitted. PUBLIC INPUT - Chairman Messe explained at the end of the agenda any member of the public would :~e allowed to ,isct:ss any mailer of interest within the jurisdiction of the Planning Commission, ~ r arry agenda it.ern. ITEM N0. 1 EIR NEGATIVE DECLA°.%~"'.~~N, WAIVER OF CODE RF. JIRE!~ENT AND CONDITIGNAL USE PERMIT NO. 293? PUBLIC HEARING. OWNERS: OW' ;~: THRIFTY OIL COMPANY, 10000 Lakewood Dlvd., Downey, CA 90240. AGENT: TAi'P & AS5OCIATES, INC., 900 Orangefair Lane, Anaheim, CA 92803. Pr~~erty described as a rectangularly-shaped parcel of land co .sisting of apprcximately 0.43 acre, located at the northwest corner of South Street and East Street, 727 South Eaet• StreeC. 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. -552- ,, ,,~. MINUTES, l-NAHEIM CITY PLANNING COMMISSIUN~ AUGUST 17, 1987 Paye 87-553 It was noted the petitioner has requested a continuance of this matter to the meeting of August. 31, 1987. Mike 'Lneos, Tait and Associates, representing Circle K, explained they are reyuesting a continuance in order t~ make revisions to the plans and also to review the 24-hour operation issue. Eie explained they receiver] a letter Etom some members of the community indicating concern and they would like to he able to address those concerns. ACTION: Commissioner Bouas offered a motion, r by Commissioner Felc9haus and MO'PION CARRIED (Comrnission~r McBu ~s~?nt) that consideration of t'r~e aforementioned matter he continued to the ~ularly-scheduled meeting of August 31, 1987, at the r!~quest of the petitioner. ITEM N'). 2 EIR NEGATIVE DECLAR„TION, WAIVER OE' LOUT, REQUiRF.MEN'P AND CONDITIONFL USE PERMIT N0. 2924 PUBLIC HEARING. OWNERS: GOLDEN GRAIN MACARONI CO., 1000 E. Cerritos Avenue, Anaheim, CA 92805, A'PTN: DENNIS DE DOME;NICO. AGENT: PAUL SM[TH, AMA.; BROS., INC., P.O. Box 4233, Covina, CA 91723. properky described as an irregularly-shaped parcel of land consisting of approximately 7 acres located at the southeast carnet 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) permittec9 fence encroachment and (c) required sire screening. Continued from the meeting of July 6, 1987. It was noted the petitioner has requested to withdraw the petition for Co~lditional Use Permit No. 2924. ACTION: Commissioner Bouas offered a motion, seconded by Commissioner Herbst an~9 MOTION CARRIED (Commissioner McBurney absent) th;,t the Anaheim City Planning Commission does hereby approve the request to withdraw the petition for Conditional Use Permit No. 2924. ITEM N0. 3 E,lF2 NEGATIVE I)ECGARATION, WAIVER OF CODE REQUIREMENT AND CONUITIONP.L USE' PERMIT N0. 2925 PUBLIC EIEARING. OWNERS: LARRY R. SMITH AND JUDITH I. SMITH, 17046 Marina Bay Drive, I)untinyton Beach, CA 92649. AGENTS: SHELDON L. POLLACK CORP., 3938 Wilshire Boulevard, Los Angeles, CA 90010 ATTN: AI.VIN Y. LEE. Property described as an irregularly-shaped para.=' of land consisting of approximately 3.56 acre located north and west of the northw~;t corner of Ball Road and Knott. Street, 919-959 Knott Street. To permit a drive-through, walk-up restaurant in conjunction with a commercial center expansion with waivers of (a) minimum number of parking spaces, (b) minimum drive-through lane dimensions, (c) minimum distance between buildings and (d) required site screening. Continued from the meeting of July 20, 1987. 8/17/87 .~ t MINUTES, ANAHEIM Ci'PY PLANNING COMMISSIONL AUGUST .17, 19c3'1 Page 87-554 It was noted the petitioner had originally reyueste~? a <.ontinuance to the meeting of August 31., 1987, but. has since changed that re~;.~e,t to September 14, 1987. ACTION: Commissioner Bouas offered a motion, seconded by Commissioner eoydetun and MUTTON CARRIED (Comm:ssioner McBurney absent) that consideration of the aforementioned matter be continued t~ the regularly-schedu?ed meeting of September 14, 1987, at the reyuest of the petitioner. ITEM N0. 4. ETR NEGATIVE DECLARATIUN, RECLASSIFICATION N0. 87-88-O1, WAIVER OF CODE RE~UIREMF,NT, CONDITIONAL USE PERMIT NO. '1920 PUBLIC HEAR7.NG. OWNERS: i-HSIt.ING KUO AND SCkiUCNIH LIAO KUO- 10650 E1 T~r.c, Avenue, Fountain Valley, CA 92708. AGENT: ANHSIL'NG HENRY HSUr 15761 Pasaden,~, Tustin, CA 92680. Property described as an irregularly-shaped parcel of land consisting of approximately 0.81 acre, 1556 West Katella Avenue. RS-A-4.3,000 (Residential, Single-Family/Agricultural) zone to the CL (Commercial, Limited) or a less intense zone. To permit a two-story, 5U-unit motel with waivers of maximum structural height, maximum fence height and minimum number of parking spaces. Continued from the meetings of July 6 and August 3, 1y87. It was noteU the petitioner has requested a continuance to the meeting of August. 31, 1987, in order to camplete revised plans, ACTION: Commissioner Bouas offer.eu a motion, secondec] by Commissioner Herbst and MOTION CARRIED (Commiss.ioner McBUrney absent) that. consideration of the aforementioned mat.r.er be continued to the regularly-scheduled meeting of August 31, 1987, in order for the petitioner to complete revised plans. ITEM N0. 5 EIR NEGATIVE DECLARATION ANll COt7i~.'PTONAL USE PERMIT N0. 2922 PUBLIC HEARING. OWNERS: SANTA FE LAND IMPROVEMENT CO., 3220 E. Imperial Highway, Brea, CA 92621, ATTN: RICK DEL CARLO. Property described as a cec-.,i,,~~rl,~r.ly-shaped parcel of land consisting of approximately ZO acres located at the northwest corner of La Palma Avenue and Manasse[o Street. To permit. industrially-related office uses. Continued from the meetings of July 6, 2U, and Augrist 3, 1987. It was noted the petitioner has requested a continuance ;o the meeting of September 28, 1987. ACTION: Commissioner Bouas offered a motion, seconded by Commissioner Feldhaus and MOTION CARRIED (Commissioner. McBurney absent) that consideration of the aforementioned matter be continued to the reg~rlarly-sci~eduled meeting of September 28, 1987, at the request of the petitioner. .. ~~ ,~. MINUTF;S, 4NAHSIM CITY PLANNING COMMISSION, AUGUST 17, .1.987 Pie 87-555 ITEM NJ. 6 EIR NEGATIVE DECLARATION, F<L•""CLASSIFICATION N0. 87-88-04 AND VARIANCEr N0. 368U I~UBLIC HEARING. OWNIR:i: PHILIP W. GANONG, et al, 2307 MyCtle Street, Bakersf.iel~?, CA 93301. ATTN: JANET GANONG. AGENTS: SAND DO[,LAR DEVCLOPMGV',', 17802 Sky Park Circle, Irvine, CA 92714. Property described as an irregularly-ahaped parcel of land consisting of approximately 5.8 acres, 700 N. :,akPView Avenue. RS-A-43,000(0) to RS•-5,000(0) or a less intense zone. Waivers of (a) reyuiced lot frontage, (b) maximum lot coveraye, tc) maximum number of bedrooms. There was one person indicating his presence in opposition to subject request and although the staff report was not read, it is referred to and rnac9e a part of the minutes. Bill Blanchard, Sand Dollar Development Company, explained this is a 25-lot single-family rN~idential subdivision for. the development of 22 single-family, 3 and 4-bedroom residences. Kenneth Meurs, 4526 t[ightree, stated his only concern would be to allowing srna'.ler lots. He explained there is a parking problem on hhat street now because their driveways are not long enough to park a vehicle and he Eelt if the driveways for these proposed residences are short, Lt would add to the current. parking problem. He stated Borne residents are currently parking at the shopping center on street sweeping days. Chairman Messe explained this plan indicates the driveways will be .:''> feet. tong. Mr. Meurs responded he had not seen the plans but if the driveways are ?.5 feet .long, he would have no opposition. THE PUBLIC HEARING WAS CLOSED. Commissioner Herbst stated he did not. think justification could be made for granting the waiver of maximum lot coverage to permit four bedrooms, even though he realizes there is a need for 4-bedroom residences. Mr. Blanchard stated their decision to provide the 4-bedrooms was based on their marketing studies which indicated there is a need. Commissioner Herbst stated he would have no problem allowing 4 bedrooms, but these are being proposed on smaller lots and there is enough room for larger lots. He stated the lot coverage is greater than allowed by code because of the smaller lots with larger units. Mr. Blanchard stated they are trying to provide the housing within the confines of the market demand. He stated they could change the plan and provide 3-bedroom units rather than changing the number of lots. Commissioner Herbst st:~ted he realizes there is a need for four bedrooms but that also means there would be more children in the units, etc., and he felt MINUTES, ANAHEIM CITY PLANNING COMMISSION, AUGUST 17, 1987 Pace 87-556 Mr. Blanchard responded their marketing studies have shown that people uae the extra bedruom for an office, etc., and there will not necessarily be more children in the 4-bedroo-n units. He stated they have some lots with more than 7000 syuare Eeet and they are within code requirements on those lots. Commissioner Herbst stated the extra room could be rented or they could have children and he could not justify approval of th«: waiver. Greg Hastings, Senior Planner, pointed out Paragrapi~s .14 and 15 of the gtaEE report explain the maximum site coverage and maximum number of bedrooms proposed, and that information was shown in a chart on the plans. Chairman Messe statea those lots over 7000 square Eeet would be able to accommodate the 4-bedroo-n units. Chairman Messe stated only 3 of tl~e i,ots would be over 6500 syuare feet and Mr. Blanchard stared he believed those are the lots which back up to Lakeviewa. The Commission reviewed the plans. Mr. Blanchard stated he is willing to change the plans to all 3-bedroom units. Commissioner Herbst suggested denial rE the waiver for maximum lot. coverage which would require development in conformance with Code and would still permit sume 4-bedroom units on the lar7er lots. ACTION: Commissioner Herbst. offer^d a motion, seconded by Commissioner Bouas and MOTION CARRIED (Commissiorn~r McBucney absent) that the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from Itre RS-A-4,000(0) (Residential, Agricultural (Oil Production Overlay) Zone to RS-5000(0) (Residential, Single-Familf) (Oil Production Overlay) Zone, to establish a 25-lot, singly-family subdivision with waivers of required lot frontage, maximum lot coverage and maximum number of bedrooms on an irregularly-shaped parcel of land consisting of approximately 5.8 acres having approximate frontages of 230 feet on the east side of Lakeview Avenue and 300 feet on the north side of High tree Circle and further described as 1770 N!.~rth Lakeview Avenue and does hereby approve the Negative Declar-~tion upon finding that it has considered the Negative Declaration together with any comments received during tFie public review process and further findinc 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 ~•nvironment. Commissioner Herbst offered Resolution No. PCli7-157 and r.~~ved for its passage and adoption that the Anaheim City Planning Commission does hereby Brat Reclassification No. 87-88-04, subject to Interdepartmental Committee Recommendations. On roll call, the foregoing resolution was passed by the following vote: AY>;S: BOUAS, BOYDSTUN, CARUSILLO, FELDHAUS, HERBST, MESSE NOES: NONE ABSENT: MC GURNEY 8/17/87 MINUTES, ANAHEIM CITY PLANNING COMMISSION, AUGUST 17, 1987 Page 87-557 Commissioner Herbst offered Resolution No. PC87-.158 and moved for ita paciaage and adoption that the Anaheim City Planning Commission does hereby grant Variance No. 3680, in part, granting waivers (a) and (c.) on tl~e bA319 that there are special circumstances applicable to the property surh as size, shape, topography, location and surroundings which do not apply to other identically zoned property in the carne vicinity ar, it applies to waivers oC required lot frontage and maximum number of be~druorns; ,nnd that strict application of the Zoning Cade deprives the property of uri vileges enjoyed by other properties in the identical zone and classification in trre vicinity; and denying waiver {b) on tt~e basis that there is adequate pro ~ erty to develop all lots irr conformance with the Code requirement of maximum pe r:nitted lot coverage, and further that there are no special circumstances applicable to the propPr.ty such as size, shape, topography, location and surroundings whicVr do not apply to other identically zoned property in the same vicinlty; and that. strict application of ttre Zoning Code does net deprive the property of prlvileges enjoyed by other propertles in the identical :one and classi.Eication in tt~e vicinity and subject to Interdepartmental Committee recommendations. Oar roll call, the foregoing resolution was passed by khe fa lluwing vole: AYES: BOUAS, BOYUSTUN, CARUSILLO, RELUHAUS, fiERBST, MESS E NOES: NONE ABSENT: MC BURNEY Commissioner Herbst offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (Commissioner McBurney absent) that the Anaheim City Planning Commission does hereby recommend that the City Council nevi 2w the proximity of residences ko oil wells and that landscaping and screening from the oil wells be carefully reviewed. Mr. Blanchard stated they will provide a solid concrete blo ck wall 8 to 11 feet high. Malcolm Slaughter, Ueputy City Attorney, presented the writ ten right to appeal the Planning Commission's decision within 22 days to the C i ty Council. ITEM N0. 7 EIR NEGATIVE DECLARATION AND GENERAL PLAN AMENDMENT NU. 230. PUBLIC HEARING. OWNERS: THCMAS P. WALKER, RIDO INVESTMENTS, SIXPENCE INNS OF AMERICA, INC. c/o THOMAS WALKER 2855 E. Coast Highway, Cora na Del Mar, CA 9262. AGENT: DA`/ID GUNDERMAN, 17782 Sky Park Blvd., Irvine, CA 92714. Property described as four irregularly-shaped parcels of 1 and having a total of approximately 3.4 acres located t.o the south and east. of the intersection of State College Boulevard and Via 8urt.on. To consider an amendment to the Land Use Element of the General Plan, proposing redesignation from General Industrial to General Commercial. There was no one indicating their presence in opposition t o subject request and although the staff report was not read, it is referred to and made a part of the minutes. 8/17/87 .,. ,. MINUTES, ANAHEIM 'I'CY Pf.ANNING COMMISSION, AUGUS'P 17, 1987 Pa e 87-558 Uave Gunderman, agent, explained the property he is inherested in is on hhe corner of £,tate College t3oulevard and Via Burton and is included in this General Plan Amendmenh request. tte staled the property is currently vacant and was developed wihh a service station for 20 lO 30 yeacs and thah there have been a number vt buyers inherested in purchasing the property, buh wank commercial zoning. tte stated in that general area the properties are primarily developed wihh commercial uses and khat commercial zoning would be more compatible with existing uses in the area. TriF; PUf3~IC HIsARIIVC; WAS CLOSEU. Commissioner Herbst stated he is not in favor of spot zoniny of these [our lots at phis time, but would be inhereshed in looking at the oast side of State Colleye all the way to the i'.lood control channel Eor a Gencaral Plan Amendment. tle stated that area is primarily commercial and the uses that are there do not really service the industrial cormnunity, except the oEfi.ce furniture business. Commi.ssion~r Rouas and Chairman Messe agreed. Respondlny ho Commissioner Fe.ldtraus, Mr. Gunderman explained the Uenny'+~ lease will terminate i.n five year~3. Thomas Walker, 2855 E. Caast ttigtrway, Corona Del Mar, owner of one of the properties, stated he ha3 owned this property since it was an orange grove and explained he has approached the other property owners on the east side of State Colleye about a General Plan Amendment and they are not interPSted; however, he would agree that the entire east side of the street should be redesiynated for commercial. uses. ite explained he has toad some discussions with the representatives of Penny's and they would like to vacant the premises. Chairman Messe asked what reasons the other property owners gave Eor not wanting to have their property redesignated foe commercial uses. Mr. Walker stated the people who own the lighting business stated they were informed that. if the property was rezoned Eor commercial uses, they would not have adequate parking so would want their property to stay the way it is and they da have commercial tenanhs in the building at the present time. Greg Hastings, Senior Planner, stated in response to Commissioner Herbst, that those properties may have had a parking waiver granted or they were developed in conformance with Code when originally developed; however, the parking codes have changed. Commissioner Herbst stated before any change is made, there will be public bearings and that. the buildings are exist ing and the street has been widened and explained he is talking about the properties north of this corner property. Malcolm Slaughter, Deputy City Attorney, explained an amendment to the General Plan would not affect the zoning of t•he properties, and as long as the existing owners did not change their uses, there would not be any problem because the existing uses would became non-conforming with a zone change. He abated if the zone is changed and the owner wants to change the use to commercial, then the parking would not be adequate. a/17/x7 w MINUTEST ANAHEIM CITY PLANNING COMMISSION, AUGUST 17, 1907 Pale 8'1-559 Commissioner IIouas asked how much effect a General Plan Amendment would have on t.i~e other. properties. Malcolm Slaughter stated the Commission could recommend approval of this Ger7eral Plan Amendment which wou]d only pertain to this property and then request staff to initiate a General Plan Amendment L•or the rest of the block and that would tie the proper way to proceed only iF the Commission is willing to grant the GPA as to a portion of the property, but if it is the Commission's intent that the General Plan be arrrended Ear this property only if the entire area is amended, then the whole matter strould be readvert•ised. Mr. Gunderman stated this property has been vacant Eor .1.4 months and even iE this is approved, it would be 4 to 6 months before they could proceed with plans for development. He stated he would like to see this matter expedited. Leonard McGhee, Associake Planner, stated a General Plan Amendment Eor the whole block on the east side of Stake College could he readvertised for the next public gearing on August 31, 1987, but staff would prefer to have tt~e Bearing in four weeks. Malcolm Slaughter stated it takes about one month to yet the matter to the City Council Eor public hew ing after the Commission acts. Chairman Messe stated this application could be denied, or continued for readvertisemenk to include t}ie east side of State College all the way to the Flood control channel. Mr. Thomas stated tt~e whole block is included in this reyuest. H~ asked the Commission not to penalize him and explained he has talked to ttie other owners and they are not in favnr of a General Plan Amendment. Commissioner Feldhaus stated the property being discussed is completely surrounded by industrial zoning and this block has been developed with commercial uses through approval of conditional use permits. He stated he would like to see the whole east side of the street advertised for redesignation and that he is sympathetic to Mr. Walker's comments regarding the length of time to get this resolved. Mr. Walker stated if this would only add 30 days to the time, he would be willing to go along with it and added he has been working with the Planning Department for about three months on this property. }ie indical-ed concern because the adjacent property owners do not want to rezone their properties because of parking requirements. Chairman Messe explained the present developments would not be affected by the change and only future developme nts would be affected. Commissioner Herbst. Further explained if someone else wanted to develop a commercial use after this zoning is changed, they would have to meet the commercial requirements. 6/17/87 MINUTES ANAHEIhI CITY PLANNING COMMISSION AUGUST 17 1987 Page 97-560 Leonard McGhee explained the commercial uses which have been approved north of Via Burton were found to be less intense anc9 such that would not adversely affect the industrial community and they did not need additional parking. tfe added this is a request for a retail use which is more intense and does require more parking. Responding to Chairman Messe, Gr.'eg i~astings explained the penny's restaurant was probably developed in conformance with Code at the time it was developed, but the parking codes have changed. Mr. Walker painted out he is not requesting a parking waiver, and stated the mol-.el has excess parking under tt~e present. parking codes. Commissioner Bouas asked if a problem would be created for the other properties if the General Plan is amended. Malcolm Slaughter. expl.aine~9 a General Plan Amendment Eor ttie redesignation of commercial uses does not change any requirements; however, a reclassification L•o the ~ornmercial zone would bring about the problems. Commissioner Feldhaus stated the tone of the Commission seems to be t}rat they are reluctant to spot zone that one area without nokiEication to the other property owners and possibly redesignating the entire street. He asked iE the petitioner would be willing t.o continue this matter. Chairman Messe asked if the petitioner would like a vote on khe matter before the Commission today or if Vie would like a continuance. Mr. Walker stated he thought by bringing in the whole block, he had brought this to a point to avoid the spot zoning situation. Leonard McGhee stated the matter can be readvertised for the August 31st meeting. Greg Hastings explained the reclassification would not have to be readvertised. Mr. Walker requested a t.wo-week continuance. ACTION: Commissioner Herbst. offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (Commissioner MrBurney absent) that consideration of the aforementioned matter be continued to the regularly-scheduled meeting of August 31, 1987, at the request. of the petitioner, in order to t;Q readvertised to include the entire east. side of State College Boulevard, north of Via Burton all the way to the flood control channel in this General Plan Amendment study area. ITEM N0. 8 EIR NEGATIVE DECLARATION AND RRCLASSIFICATION N0. 87-88-05 Coast Highway, PUBLIC HEARING. OWNERS: THOMAS P. WALKER, et al., 2855 E. Corona Del Mar., CA 92625 and SIXPENCE INNS OF AMERICA, INC., 2020 Via Burton, Anaheim, CA 92805 ATTN: DOtvALD E. SODARO, President. AGENT: ROBERT C. SUNDSTROM, 17782 Sky Park IIlvd, Irvine, CA 92719. Property described as a .~ acres rectangularly-shaped parcel ot• land consisting of approximately located at the southeast corner of Via Burton Street and State College Boulevard and further described as 2020 East Via Burton Street (Sixpence Inn Motel), 1420 N. State College Boulevard (penny's) and 1440 N. Skate College Boulevard (vacant). 8/17/87 _ .. _ . .... r~;:,.rra ~::.~~..:uv. ~ ... .,- ----- ~-ten ,;. MINUTES, ANAHEIM CITY PLANNING COMMISSION L AUGUST 17, x.987 Page 87-561 ML to CL or a leas intense zone. ACTION: Commisaioner Herbst offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (Commissioner McBurney absent) that consideration of the aforementioned matter be continued to the regularly-scheduled meeting of August 31, 1987, to be considered !n conjunction with Genera]. Plan Amendment No. 230. ITEM N0. 9 EIR NEGA'PTVE DECLARATION, RECL,A~SIFICA'PION N0. _8.7-88-05 AND VARIANCE N0. 3683 PUBLIC NEARING. OWNER: PETRA CALVIN, 2230 W. Laverne, Santa Ana, CA, 92704 AND MUDL'STA BARRON AND CATALINA BARRUN, 200 S. Walnut, Anaheim, CA 92805. AGENT: RAM AT I. SAMAN, SAMAN CONS'PRUC`1'ION, 1240 N. Van Buren Street ()101, Anaheim, CA 92807. Property described as a rectang~al.arly-shaped parcel of land consisl•ing of approximately U.2 acre located at the southwest corner of Elm Street and Clementine Street, 403 South Clementine Street. RM-2400 to RM-1200 or a less intense zone. Waivers of (a) maximum site cover.aye, (b) rnaxi.mum number of bactrelor units, (~) minimum structural setback, (d) minimum recreational-leisure area to construct a 7-unit apartment complex. There were four persons indicating their presence in opposition to subject request and although the staff report was not read, it is referred to and made a part of the minutes. Mr. Saman, agent, presented an exhibit for Commission's review st~owiny the comparison of the impact of dedication between a corner lot and a non-corner lot and referred to the requirement by the city for dedication of 5 feet on both streets. ite stated the property does not enjoy the same privileges enjoyed by other properties in the same zone and vicinity because it. is a corner lot. fie skated kt~ey are dedicating almost three times as much property as a non-corner lot. He pninted out the General Plan designation is for medium density permitting 36 units per acre which is more than they are requesting. Ruth Mot.l.ey, 203 Evelyn, real estate agent representing the sellers, stated they feel since a lot of the surrounding area has been changed to RM-1200, this property should be rezoned. Donald Dexter, Associate Pajtor, Eirst Presbyterian Church, 310 W. Broadway, stated they are concerned about the number of variances being granted in t~~is area between Santa Ana and Broadway which has increased the density and all the structures which have been upgraded are ~•tarting to deteriorate, and the overall cumulative effect is going to have a detrimental effect on the neighborhood and on the citizens. He stated the staff report indicates across the street to the north there is a single-family unit, but that existing house has had additions added right up to the property line and to the north and west there is another building with a very small green area in front with no recreational area, and these do have a cumulative effect on everyone. He added one real problem in this neighbork~aod is the criminal and drug activities happening in the Little People's Park. He stated any variances approved should be to upgrade the area and not be detrimental. 8/17/87 ,J- MINU'PES, ANAHEIM CITX PLANNING COMMI~iSION, AUGUS'P 17, 1987 Pace 87-562 Reverend Steven Mather stated he was recently elected Pastor of this church and came here from Philadelphia. He stated lie was excited about corniny here because the City Council and Planning Commission have been very careful about development of this area, but he was quite surprised when he arrived and saw the area adjacent to the church left. unattended and was surprised to see no setbacks in many cases. He stated continuing to grant. these variances is not good for the area and they are beginning L•o take their toll on the appearance of the neighborhood, anti there is very little area proposed for tl)e children to play, and he felt at. some point the Commission has t•o say "no". Medessa P.ar.ron, 403 S. Clementine anti also owner of property at 4A3 S. Clementine, stated she understands the Little People's Park is owned by the church and there are undesirable characters attracted to that park and they have caused a lot of deterioration to her property and peoplr_ are coming to that park fruin all over Orange County and the Police department does have a lot of pcob.lerns in that park. Mr. Saman 3tat.ed they are paying their fair share towards making safer traffic by making the dedications and improvements and this project will not have an effect on the traffic and he did not understand why the church representatives are concerned about. these sevF~n units. THE PUDLIC HEARING WAS CLOS[;U. Commissioner Bouas stated she understood Mrs. Barron to say that the church owns the Little people'r, Park and she wanted to clarify that the City of Anaheim owns the park and any complaints about the park should be directed to the City. Commissioner Herbst asked if the developer had reviewed a project under the RM-2400 zoning requirements for this property. ite added traffic flow is a major problem In this city and that he does have a problem with upgrading the zoning and then granting so many waivers and could not justify a hardship for the approval of these waivers. He stated because of the dedication and improvements required Eor the widening of the street, he could see justification ::or granting some waivers under the RM-2400 zone. Mr. Saman stated the site coverage at 558 would not change with a RM-2400 project, but the number of units would change. Commissioner Herbst stated there is RM 1000 zoning on the north side of the street, but the entire south side of the street is RM-2400 and he could not grant. this request and thought the property would be overbuilt. with this development. Mr. Saman staked the 0-lot line is only for the garages on the first. floor, but the apartments would be 5 feet away from the property line. He responded to Commissioner Herbst that an RM 2400 project would permit only theee un<ts and the site coverage would be the same. Chairman Masse stated possibly three units is all this property can handle. Mr. Saman stated they are losing about 258 of the value of khe property for street dedications and without that requirement for dedications, they could have developed four units. 8/17/87 ;, ... MINUTES, ANAHEIM CITX PLANNING COMMISSION, AU'~UST 17, 198"_ Pa a 87-563 Commissioner Bouas suggested a variance to permit. the fourth unit might be acceptable, but seven is just too many because this area is ~~er.y congested. Commissioner Boydstun stated parking is already a problE+m and the addition of these seven units would make it wor.ae. Commissioner Herbst stated he could justify a hardship Eor some waivers but. 7 units would be overbuilding hhe property. He stated an RM 1200 project was recently denied on the property next door. He suggested the developer propose a project within tl~e density allowed with the possibility of a variance for some waivers because of the street dedication requirement. Mr. Saman stated he did not think this property owner should be penalized because this is a corner lot and RM 2400 would only permit three units. Mtrlcolm Slaughter, Deputy City Attorney, stated perhaps the r„ornmission should a<:t on the request Eor reclassification and if. it• is denied, the petitioner c,an seek the variance under tits present• : ~ning. Greg Hastings, Senior Planner, stated a variance would have to be advertised i.f the petitioner submitted a revised plan rot four units. Commissioner Feldhaus stated the petitioner has indicated he would nit wish to submit. a RM-2400 project anti suggested the Co-nmission go ahead with a vote on this request as submitted. Commissioner Herbst asked again ~f the petitioner would like a vote on the project as presented today or reyuest a continuance to consider revising the plans for a RM-2400 project with the possibility of some waivers. Mr. Saman stated he would like to request a continuance. ACTION: Commissioner Herbst offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED (Commissioner Mc Burney absent) that cansic?eratio~.r of the aforementioned matter be continued to the regularly-scheduled meeting of September 14, 1987, at the reyuest of the petitioner in order to consider submitting revised plans. RECESS: 2:45 p. m. RECONVENED: 3:00 p.m. ITEM_N0. 10 EIR NEGATIVE DECLARATION, RECLA_S_S_IFICATION N0. 87-88-07, VAR'iANCE N0. 3685 AND WAIVER OF COUNCIL POLICY NO. 542 PUBLIC HEARING. OWNER: ROBERT D. SCHAFER ET AL, 292 Wilshire Ave, #107, Anaheim, CA, 92801. AGENT: MASSUUD Id0NSHI7.ADEH, 1524 Victoria Way, Placentia, CA 92670. Property described as an irregularly-shaped parcel of land consisting of approximately 1 acre located between Broadway and tt~e northerly terminus of Gilbuck Drive, 1500 West Broadway. Portion A from RS-5000 to RM-3000 or a less intense zone. Portion B from RS-A-43,000 to RM-3Q00 or a less intense zone. 8/17/87 MINU'PES, ANAHEIM CITY PLANNING COMMISSION, AUGUST 17, 1987 Page 8'1-564 Waivers of (a) minimum number of parking spaces, (b) minimum structural setback adjacent to Arterial Highway, (c) minimum structural and Cflr.king setback adjacent to local street, (d) minimum structural setback (e) minimum structural and parking setback adjacent to single family residences, and (f) minimum recreational- leisure area to construct a 15-unit condominium complex. Waiver of Corancil Policy No. 542 pertaining to proximity of residential units to a railroad track. There was no one indicating their presence in opposition to subject request and although the stafL• report was not read, it is ref cred to and made a part of the minutes. Jesse James, agent, explained they are proposing a ].'S-unit condominium project and are proposing 52 parking spaces rather than 41 a:3 indicated in the staff report. Greg Hastings,, Senior Planner, stated staff ha got seen the plans showing 52 parking spaces. Mr. James staked the setback from Broadway ~~ °i~e r~>sidential property was also a concern. He added these will be hi ~~.~l.it;~ condominiums and will be compatible with sur.roundiny homes, and al -~ ~.,i'.l have more than 1500 square feet. Commissioner t3oydstun referred to the .'.- ' r_ .. ~x:':ibits for the one-story units and asked t•.i~e length of th~~ dr.i~:~ ~~~= Massoud Monshizadeh, agent., responde,j ~ !?'i.~rwr~y is 22 feet lung. Regarding the revised parking plan, Mr. Monshi::ar.>~~. --~ e~i he has been working on the revised plan with Paul Singer, Traffic _ _~~~er, and now they are proposing 50 spaces with room for two additional sF-~~-~;, anc3 that Mr. Singer has indicated since the waiver is minimal, he would r~r~ w~.~:.ing to work with them. He stated they do not need the recreational-leis~:_e :~r~ea and the balconies were not counted in the total. THE PUBLIC HEARING WAS CLOSED. Responding to Commissioner Messe, M~. S-.~~3er stated he has indicated to the applicant that he would disagree w,irti r~;s prc osal and would recommend that no parking waivers be granted in any r?:ident ~~1 area; and to provide the parking spaces as mentioned by the applicant, would substantially reduce the landscaping, but it can !~ done. Ae Mated the Commission did not see revised plans because the applicant chose ro go ahead with the plans as s~,bmitted with the understanding that staff would recommend denial of a parking waiver. Malcolm Slaughter, Deputy City attorney, stated since the applicant has indicated a waiver is not. necessary for parking, the Commission can deny that portion of 'the request. and then they will have to meet Code requirements. B/17/87 1 1 1 MTNUTI;S, hNAH_F.iM CITY PLANNING COMMi5SION AUGUST 17 1987 Pa;~e 87=,565 542 and rommisPioner Feldhaus stated he is concerned about Council Policy No. the proximity to the railroad t.rackc. Fle slated the 100 feet. was established as the .ninimum and this reyueF': !s for 41 feet and he was concerned how they would buf#er the sound and visibility of the railroad tracks. Mr, Tionshiradeh stated the 41 feet is measured Erom the wall, but there is another ]5 feet to the house. lte explained they have a sound engineer to ;.oiiduct the sound analysis as required by the City and they will be submi.~-ting a ,3ound report to the Building Department. Chairman Messeemedeto,be al~loteoEeopennspaceiinrt.hecoriginalaplansted and notF.d there ,reg Hastings explained 226 rq. Et. per dwelling unit area is proposed and l,~,pp eq. ft, is required for those units which have private yard arF,~zs and 1,7p0 sq. ft, for those which do not have private yard yards. He stated the parking is proposed right at the west. property line adjacent to single-family residences. C~~nmissioner Herbst pointed out they have cequested a recla~si.F.ication and then are requesting waivers from that new zone and he felt the project should conform t.o tt~e RM-:3000 requirements since that is the zone being requested. He skated the standards have been established ointedvcut the proposalhoslfor in the units with adequate living space. He p roust of 10-f.oat back yards and the code requires 20 feet and he thought. app t.hase waivers would be downgrading ttie l.ivi.ng environment. Mr. Monshizadeti stated before he entered into escrow on this transaction, he came to the Planning Department to find out. what. would be acceptable and presented his proposal, and is proposing the single-story next to the single-family residential area; and that they took the parking, driveway, and garage into consideration. He stated tt~e cost of the land is very nigh and some developments have been approved as close as five Perking spaceslperaunit. residential areas. He added they are proposing 3-1/2 p for a 3-bedroom unit. Commissioner Hecbst stated one of the problems is the packing adjacent to residential aceas with car starting their engines early in the morning and late at night next to those homes. He stated the ordinances have been adopted to protect people's privacy and he was glad to see the sinc,le-story next to single family residences, and noted a two-story unit probat~ly would not have been approved anywaY• Mr. Monshizadeh stated they are not asking for anything other than RM 3000 and he did not. ehstatE~deherdidcnotsthinkbt.here willtbeysound problemsabecauselof r.equest.. H the railroad t.racF;s. Commissioner Herb~:t stated the City's parking codes work for apartments and condominiums and iE this project. does not provide adequate parking, the occupants wi3.1 be parking on the streets. 8/17/87 ,..., MINU'PI;S, ANAtIFIM CI'PY I~LANNING COMMISSION, AUGUST 17, 198? ~~e, 87-566 Mr. Mons}tizade}t stared he presented ttte rF~vised parking plans to the City and also talker to the Planning staff and that they can provide the required parkiny and do not need a ,arkiny wa vet. Chairman Messe stated staff has not reviewed the revised parking plan. Mc• Monshtzadeh stated he could redesign the parkiny p'.an and added he does have a time probl~am with the se.llec of the property. He stated they designed this project so that it would be compatible with the surrounding houses and that it will. be a nice project. He stated the front 3etbark is not calculate~3 in the racreal•ional leisure area and they worked exceptionally hard on that area to make this a nice project for thn neighborhood. He stated the 150 sy. ft. balconies do not. count towards the recreational area. Greg Hastings responded to Commissioner Herbst that the balconies must meet a minirnum dimension of lU f.eet in either direction in order l•o be counted an part of the recreational area, otherwise they are considered unusable. Commissioner ilerbst stated t}tat is another reason he thinks the project is being overbuilt and that he is trot in favor of: 10-foot setbacks in the rear and this project is not within ttte intended environment Eor a RM-3000 prujec.t. Chairman Messe stated the units are livable but it is very crowded. Mr. Monshizadeh stated the City has approved three of. his condominium projects and he would request aparoval of this project based on economics and would reyuest that the plan not t,e reduced because they think it is a good plan. Mr. James stated tie lives in a condominium project with two-car garages and 8 additional parkiny spaces, with rear yards of approximately eight feet and lt. is adequate, although there is definitely a parking problem, but they have provided larger setbacks in this projeck. Mr. Monshizadeh stated he is requesting exactly what has been approved on other projects and that the average is 2600 sq. ft. per unit and they have a kotal land area of 46,000 square feet which is more than they need for this project. Responding to Commissioner Herbst, Greg Hastings stated staff would need at least a two days to review revised plans. }le pointed out the agenda for the meeting of Sepl•ember 14 is rather large with all the additional continuances. Foul Singer stated the parking spaces proposed on the revised plan submitted by the applicant do nok meet code requirements because they are small car spaces and code permits only 252 of the spaces to be designated for compact. cars and that. small car spaces cannot be assigned to the individual units. Mr. Monshizadeh stated they have previously presented plans to the Commission on an aparkment project and a year ago a study was done which Indicated about 552 of today's cars are compact., and added he did not believe the total proposed for the compact spaces would be more than 358 and 258 is allowed by Code. 8/17/8? MINUTl;S~ ANAHEIM CITY PLANNING COMMISSION, AUGUST 17, 1981 Page 87-567 Commissioner. Herbst skated the spaces do not satisfy the City Traf[ic Engineer and asked if a coy inuanre to the meeting of September 14, 1987 would allow adequate time f.or the developer to revise the plans. Mr. r'onshizadeh responded he has a deadline with the seller and would like the matter to be heard in two weeks. Commissioner Herbst stated staff teas to review any plans for Comrni:;si~~n's consideration. Malcolm Slaughter stated the staff report indicates a parking study was not submitted and the Code requires that study, so the Commission would have a difficult time justifying approval of a parking variance, so if there is to be a parking waiver, a parking study would be necessary. Mr. Monshizadeh stated he was not sure a parking waiver would be necessary and that he realizes staff is very sensitive about parking waivers. He st.atEd he would request a contirnzance to the next meeting and because there is a full agenda, he would request. that his be the last item on the agenda and if the Commission could not get. to that item, he would accept that. He added the seller is not very easy to work with and that l•he property is very expensive and he would lose a lot of money iE he had tc~ reduce the project. Grey EFastings slated it is possible to consider this at the next meeting witYr staff putting in additional hours. Malcolm Slaughter stated the Ccmmission's concerns seem ho be regarding tine variancE, but he was not sure what the feeling is of the entire Commission and suggested possibly they should act on the request for the rzclassification acid if it is denied, discussions on the variances would be a waske of the applicant's time. Commissioner Herbst suggested a Eour-week continuance bPCause he is concerned about things other than just parking. Commissioner Feldhaus stated he is also concerned about the noise attenuation and the setbacks from the railroad tracks and the landccapin~i and asked that. those issues be addressed wren the matter is brough!~ b:.ck to the Commissio ~. He asked the developer to explain how they plan to attenuate the noise from the railroad tracks and suggested the developer review the Council Policy regarding that issue. ACTION: Commissioner Her~bsL- offered a motion, seconded by Commissioner 6ouas and MOTION CARRIED (Commissioner Mceurney absent- that consideration of the aforementioned matter be continued to the regularly-scheduled meeting of September 14, 1987, at the request of the petitioner in order to consider revisec' plans. Greg FFastings stated staff would like to have the revised plans no later than Monday or Tuesday of next week. ITEM NO_. 11 EIR NEGATIVE DECLARATION, RECLASSIFICATION N0. 87-88-08,_WAIVER OE' CODE ICE UIREMENT AND CONDITIONAL USE PERMIT N0. 2905 PUBLIC HEARING. OWNERS: Y,AISER DEVELOPMENT COMPF,NY, c/o BEDF(1gD PROPERTIES, 2081 Business Center Drive, Irvine, CA 92715, ATTN: KEVIN HAN5ON. Property described as an irregularly-shaped parcel of land consisting of approximately 5.54 acres, 5635 East La Palma Avenue. MT.(SC) to CL(SC) or a less intense zone. 8/17/87 MINUTES, ANAHEIM CITY PLANNING COMMISSION AUGUST 17 1987 Pac__~ e_87-568 To permit a 40-foot high multi-screen indoor theatre complex with a waiver of minimum n~imber of parking spaces. There was no one indicating their presence in opposition to subject request and although the staff report was not read, it is referred to and made a part of the minutes. Bruce Sanborn, SoCal Cinemas, 13 Corporate Plaza, Newport Beach, stated two years ago a theatre was approved next door to this property which was never finalized and now thE~y are trying to establish a theatre on subject property. TfiE PUBLIC HEARING WAS CLUSEU. Commissioner Herbst stated the Mercury Savings people were very concerned with tl~e previous project and it appears there are some of those carne problems in this proposal. Mr. Sanborn stated a lot of Mercury Savings' concernF were relatAd to the access problem wikh Y.nollwooo~l~itontfrlomythem,3ust a neighbor in this proposal and he ham not heard any app Chairman Meese asked if there had been any attempts to yet together with Mercury Savings regarding a reciprocal narking agreement. Mr. Sanborn stated they have not attempted to get an agreement for tnis proposal because they are providing their own parking. He stated he thought l•he -lercury Savings property weuhasbn,tedilcussedothrapaansawi.th the newopropeortytowners.has t;c~n sold and h Commissioner Elerbst stated because of the lack of access on imperial, all three of those properties would have to use the La Palma driveway and asked if the new owners ar.e aware of that concern. Paul Singer, Traffic Engineer, stated he has not discussed this project. with adjacent property owc~ers. He stated there were some discussions previously about the combined access. He staked the basic problem is ingress and egress and how it affects this property and the driveway that is left dangling since the median on La Palma Aven~ie would have to be extended. He statedivesaaccessttofKnollwoodaand mod ificatian, the driveway which currently g Mercury Savings would be off-set from an opening in the median island and the traffic traveling east would be encouraged to travel in khe wrong lanes. He stated thistdan accesshso thatetheocuraenttdrivewas to Knollwovdsncouldpbeties for at leas closed. Chairman htesse stated it would be left up to this developer to work out an agreement with the adjacent property owner. Paul Singer staked the median on La Palma will have to be extended with the occupancy o€ the theatre because with occupancy of the theatre, it will be a hazardous situation. He stated one solution would be t.o close the driveway which is currently serving Knollwood and Mercury Savings and provide all access to all parcels on the north side of La Palma on the driveway to this theatre. He stated another alternative would be to construct a median island and prohibit left-turns going east on La Palma and that would nct make the Knollwood people very happy since a lot of their business is from the industrial area. 8/17/87 .. .__ - MINU'I'L•'S, ANAHEIM CITY PLANNING COMMISSIONS AUGUST 171987 Page 87-569 Mr. Sanborn stated the plan for ttrls project was mailed ko the Mercury Savinya representatives. He responded to Commissioner Herbst that he did not know if the new owners know about this project and the closing of their only driveway. Malcolm Slaughter stated the condition imposed on this proE.~erty requires them to grant. an easement to Knollwood's for access to La Palma an~i this could onJ.y be done 1E they ayree to close tine driveway. Commissioner Herbst strt•ed this condition really says that they have use of that easement or there will be a median prohibiting left-turns to their property, and it is not known what their plans are. He stated the zoning is industrial and he thought at least the Commission should let the new property owner know about file limited access. Fie stated he thinks the theatre is a ~;ooci use for l•his property, but. the Commission should know what the traffic patl•ern would be to Knollwood's property because access to imperial would not be allowed. Commissioner Bouas asked if the theatre could be moved closer ro the railroad tracks. Mr. Sanborn stated they would not want. to move much closer because of fire sound problems. He stated they have discussed moving the new building the width of one parking space to the north. Mc. Sanborn stated because of the requirements to accommc•date Knollwoods, they had t•o move the building closer to the railroad tracks in the previous proposal and since it is not known what is to be developed on that property next door or what they could be looking at. if the building is moved towards the railroad tracks. He added they have no plans f.or the Front portion and it could be used for packing, but ire was told that area needs to be landscaped. Ctrairman Messe stated if this is approved with all the condi.t.ions proposed, it would be up to the developer to come to an agreement with ttie property owner to the east to close that driveway, otherwise the City would be forced to change the median even further. Mr. Sanborn stated they have h~•~ :.ontacts with the old owners, but have not been in contact with the new ow::yrs. He stated it is possible the new owners do not have any plans for development. Commissioner Bouas asked if Mercury Savings knows about the closl.ng of the driveway and Mr. Sanborn stated they are aware that t.t,e problems are the same as they were previously. He stated he was just informed that the new owner had been notified of the plans by the real estate broker and that he does not know what his plans are. ACTION: Commissioner Bouas offered a motion, seconded by Commissioner 9oydstln and MOTION CARRIED (Commissioner McBurney absent) that the Anaheim City Planning Commission has reviewed the proposal t~ reclassify subject property from the ML(SC) (Industrial, Limited, Scenic Corridor Overlay) Zone to CL (Commercial, Limited, Scenic Corridor Overlay) Zone to permit a 40-foot high multi-screen indoor theatre complex with a waiver of minimum number of parking spaces on an irregularly-shaped parcel of land consisting of approximately 5.54 acres, having a frontage of approximately 275 feet on the north side of La Palma Avenue, approximately 300 feer. west of the centerline of Imperial Highway and further described as 5635 East La Palma Avenue; and 8/17/87 MINUTES ANAIIEIM CITY PLANNING COMMISSION AUGUST 17 1987 Page 87-573 does hereby approve the Negative declaration upon Finding that it has considered the Negative Declaration together with any cum,~ents received during the public review process and f.urtt,~r finding on ttre basis o[ the Initial Study and any comments received l'hr,l there is no substantial evidence that the project will have a significant ett:ect on the environment. Comrni::sioner Bouas offered Resolution No. PC87-159 and moved f.or ite passage and adoption that the Anaheim City Planning Commission does hereby yrant Reclassification No. 87-88-OB subject to Interdepartmental Committee recommendations. On roll :all, the Eoregolny resolution was passed by the following vote: AYES: BOUAS, BOYDS'PUN, CAI2USI[,LO, F'F:~.,UHAUS, fIERBST, MESSE NOES: NONE ABSENT: MC BURN F,Y Commissioner Bouas offered a -notion, seconded by Commissioner Herbst and MOTION CARRIED (Commissioner McBurney at~sent) that the Anat,eim City Planning Commission does hereby grant waiver of Code requirement on the basis that the parking waiver will not cause an increas? in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses and granting of the parking waiver under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the .:itizens of the City of Anaheim. Commissioner Herbst asked iE the parking waiver. can be tied to the specific use so that if the theatre is not developed, they would not have the right to develop a commercial use with tt,e parking a~aiver. Malcolm Slaughter responded the waiver is t.o allow this particular development.. Commissioner Bouas offered Resolution Nn. PC87-160 and moved for its passage and adoption thzrt the Anaheim City Planning Commission does hereby yrant Conditional Use Permit No. 2905 pursuant to Anaheim Municipal Code Sections 18.03.030.030 through 18.03.030.035 and subject to interdepartmental Committee recommendations. Malcolm Slaug~~ter. :,rated iE the adjacent. property owner should not accept the condition and not close the driveway, then this applicant will have the obligakion to reconstruct the median on La Palma in accordance Witt, the City Engineer's recommendations. Mr. Sanborn responded that is agreeable. On roll call, the foregoing resolution was passed by the following vote: AYES: BOUAS, BOYDSTUN, CARUSILLO, FELDHAUS, HERBST, MESSE NOES: NONE ABSENT: MC BURNEY Commissioner Bouas added she thought the theatre would be a great. use of this property and Mr. Sanborn responded to Chairman Messe they hope to have the theatre opened by next summer. Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal the Planning Commission's decision within 22 days to the City Council. 8/17/87 MINUTES ANAHEIM CITY PLANNING COMMISSION AUGUST 17 1987 Pace 87-571 ITEM NU. 12 EIRE NEGATIVE DECLARATION, WAIVER OE'' CODE REQUIREMENT AND CONDITIONAL, USE PERMIT NO. 2936 PUBLIC HEARING. OWNERS: JOSL VAGDI`lIA AND BONNIE VAGDIVIA, .1075 N. Harbor Blvd., Anaheim, CA. AGENT: ItUDY VAL'JIVIA, 241.0 N. Grand, Santa Ana, CA 92706. Properly described as a rectangularly-shaped parcel of land consisting of. apFroximately 0.68 acre, 1095 North Harbor Boulevard (Specialized Auto Repair). To retain an auto repair facility with waivers of (a) minimum mrmber of parking spaces, (b) maximum number of. compact stalls. There was one per.~on indicating his presence in opposition to subject request and although the stlEf. report was not read, it is referred to and made a part of the minutes. Olen !lays, agent, stated they have been at phis location for 13 years and had a variance prior to this time and there is a condition requiring removal of that variance. Regarding Condit~.on No. 1 concerning the driveway radius being reconstructed to a lU-foot radius, he stated evidently when the building permits were issued for. the. medical building next door, there was a change and his driveway doe:. have a smaller radius because of the street light equipment and other equipmenh in the way. David Tsoong, physician owning the medical building next door, stated he does not Dave a strong opposition to this request, but that he purchased his property in ].984 and established a medical office and is currently serving several large corporations in Anaheim. !le stated they had to build a block wall between phis property and subject property because of the unsightly view of the repair shop. He stated he also has the property towards the west end of the access driveway which includes the auto repair shop and the access had to be changed because there are cars parked on the Prope`oncerneduabouttthe cars Erom the auto repair shop. He stated he is mainly parking for the auto repair facility and did not know if they have adequate parking so their parking does not extend into their access driveway. He stated he gave the right-of-way to various property owners, but does not. use it for his own purpose because there are so many cars parked there. He presented pictures of cars parked in the accessway. Dr. Tsoong stated the staff report statd the petitioner indicates all work a nd storage will be contained inside the building, but that is not t.r~re and he h a s photographs of cars being repaired outside. He stated even though "no packing" signs have been posted, the cars still park there. He stated the site really looks like a "junk yard" and his concerns are the unsightliness and the parking. Mr. Hays state(? in the past there were some problems and he understands the neighbors' concerns, but in the past few months things have gotten better because one of the partners of the repair business has left. and a lot of improvements have been made. He stated the hoists are used outside when the y have to get underneath the vehicles. He stated they have been guilty of parking in the alley, but that can be eliminated and stated everyone parks i n the alley. He stated they have only a small amount of traffic and do not need a lot of parking spaces and stated they have never had a parking problem and would not park in khe alley in the future. 8/17/87 MINUTES, ANAHEIM CITY PLANNING COMMI SSION, AUGUST 17, 1987 Pale E37-572 TILE PUBLIC HEARING WAS CLUSEq. Chairman Messe asked iE vehicles are ntored inside at night. Mr. Hays skated they have ample parking Cur vehicles inside and also have a Fenced area In the rear where they Can be stored. Commissioner F3ouas asked if they gave old vehicles whicYr are just sitting there hecause maybe someone did not pay their bill. Mr. Hays sta ted that has been done in the past., but he thougY-rt those were oars brought in to be restore~'• Ind they no longer do that type of work. fie stated the previous partner ~1id a lot. of major storat ion. Responding to Commissioner Herbst., Mr. hays stal•~d approximately 508 0[ their work is done outside using a hoist. Commissioner Boydstun asked how many cars they usually }lave on the premises to be worked on ah. one lime. Mc. bays sl•atec. ere would be a;~proximately 6 vehicles now and previously there were more oecause the partner slid rake in more and was not able to complete t he work. fie stated they would have a car on the premises f or a maximum of about 4 days . Commissioner Herbst. asked if cars are being parked in the driveway to the a?.ley. Mr. Hays stated there have beep cars parked there along the fence at different times and they are probac~ly guilty. Commissioner Herbst asked who else would be parking there blocking ttre driveway. Mr. Hays stated it could be people who lease other premises in the area. Commissioner Herbst stated he would be concerned whether fire engines and emergency vehicles would have adequate access. Mr. gays slated they have always had adequate access. Responding to Commissioner Boydst~ n, Mr. Hays stated they would post "no parking" signs in that area. Mr. Singer stated tine City would not be responsible for who uses the private alleys, but no parking would be pe rmitted in a public alley. Dr. Tsoong stated the alley belongs to his p r operty, but sometimes there are 9 or 10 cars parked there and he does not want. to offend his neighbors and have the vehicles towed. He added some of the cars parked in the repair shop have been sitting there for a long time. Fie responded to Chairman Masse that there are more activities now, but he was not sure the situation has improved. He skated he would like to see the pl ace more presentable For the betterment of the community. Malcolm Slaughter stated the staff= report indicates all work and storage would be contained inside the building and there has been testimony today that quake a bit of work is being done outai de and there is not a variance for the outdoor activities which is what they started out to be under a different Code Section. He stated he would be concerned l•hat even if this is granted, the petitioner could not operate outdoors because the necessary variance has not been acted on by the Planning Commission. Commissioner Boydstun asked if the hoists are in a covered area. Mr. Hays stated 2 of the hoists are under a canopy and that these hoists have been there all the time and they are not requesting any changes ir. the use, 8/17/87 MINUTG;S, ANAHEIM CITY F'GANNING COMMISSIAN, AUGUST 17, 1987 Pay~e 87-573 Commissioner Herbst stated a variance was approved in 1979 for outdoor work and ht would as4ume that variance ha« exrir.ed. Malcolm Slaughter stated there is not. an applicat.ton f.or outdoor work and perhaps this application should be expanded. Mr. Clays stated the conditions require the term ination of that variance and he thought it went with the property. It was noted the variance was granted for 1 year in 1976 to be reviewed each year, and they Crave not come back before the Planning Commission to request art extension. Malcolm Slaughter stated the Commission should bz concerned that this approval would not permit what the applicant wants to do and he would then be subject to enforcement activities for the outdoor use which is technically not a part of this application and he would consider that a significanl• difference and the matter should be re~idvertised. Mr. bays asked i. f. Condition No. 7 could be deleted. Mr. Slaughter stated if. a variance is not yrantc:d for outdoor work, they could not continue the outdoor work. Commiss±oner Herbst asked if the 1976 variance could be extended and Malcolm Slaagl~ter stated the neigtrbors could have a problem wil•h that if they moved in without that knowledge. Greg Hastings stated the exhibit approved in 1976 did include 2 hydraulic lifts, but it waa not advertised in that matter. He added that. variance expirwd in 1979. Chairman Me:~se stated the applicant should apply for another variance. Malcolm Slaugtrter stated the Commission could api~rove this variance and then the applicant could request. another variance. Grey Hastings responded there old be a readvertising fee and a charge f.or the variance Eor a total of ;probably ~250.OU. Comrrrissioner Herbst explained this is a conditional. use permit and a variance would permit the outdoor activities . He added he has no problem with this use as long as he cont roues to clean up the property. Mr, Ha,y~ stated he is willing to apply fora variance. Commissioner Feldhaus stated it. is important to the petitioner to be able to work or, vehicles outside. Mr. Hays asked for approval subject to him paying for the readvertisement. Malcolm Slaughter stated that would still be a violation_ Greg Hastings stated this could be heard at the next meeting since there is no staff evaluation. Commissioner Feldhaus asked that Condition No. 7 be deleted in tt~e staff report. Greg Hastings stated he was not sure whether there is outdoor storage and Commissioner Feldhaus stated he is talking at~out the outdoor work on vehicles. Chairman Messe asked about the dr._~eway and Mr. Hays stated evidently the driveway ha>; been widened as much as it can be because of the existing equipment. in the area. Chairman Messe skated that condition should also be modified to include approval by the City Traffic t3ngineer. Paul Singer stated since the applicant. has indicated khe driveway has been recently reconstructed, that condition has probably been complied with already. Malcolm Slaughter suggested deleting that condition because if this is approved subject to that condition, it. requires a 10-foot radius. Chairman Messe asked that Condition No. 1 be deleted. 8/17/87 MINU'PES, ANAHEIM CITY E~LANNING COMMISSION, AUGUST 17, 1987 Pad a 87-574 ACTION: Commissioner Bouas off.er~d a motion, seconded by Commissioner tierbat and MOTION CARRIED (Commissioner McBurney absent) that consit9eration of the aforementioned matter kie continued to the regularly-scheduled meeting of August 31, 1987, in order Car the matter to be ceadvertised to include outdoor work on vehicles. ITEM NU. 13 EIR NEGA'PIVE DECLARATION, WAIVER OE CODE REQUIREMENT ANl) CONDITIONAL USE PERMiT N0. 2937 PUBLIC NEARING OWNERS: KEf: WHAN HA AND KYUNG ,iEB HA, 3670 Wilshire Blvd. X270, Los Angeles, CA 90010. AGENT: JUDY E. CHAIN, 1466 Winn Drive, Upland, CA 91786. Property described as a rectangulary-shaped parcel of land consisting of approximately 0.8 acre located at the norttrwest corner of Orangethorpe Avenue and Orangethorpe Park, (Srooterville, U.S.A.). To permit khe sales and repair of motor .:rooters wil•h waiver of minimum number of parking spaces. Thete was no one .indicating their presence in opposition to subject rec;u es t. and although the staff report was not read, it is referred to and made a part of tfie minutes. Jr.tc3y Chain, agent, Upland, stated they searched everywhere for a proper location and finally after working with Redevelopment, this :~~te was selected. ,h? erolain~ d th.~ building '.here thev ~ -;~ previously located burned and kheir business permit expire. lurir, 3-1/2 months that the business was closet] ar9 when she applied Ec~ Business license, '.vas told that .a conditional '. se permit would +r necessa.~ ~ narking study was required. She stateu a r~a-king stun . 'as preE are.. tlnd submitted and this type business should not pause any '~ype ;a'~rking problem: in the neighborhood because these scoote~ arp small and 4 or 5 fit. into one parking space and people usually just :;cop them off for repairs and maintenance and pick them up when they are ready. THE PUBLIC HEAPING WAS CLOSED. Commissioner Herbst. stated he has no problem with this use and asked if the petitioner. has reviewed the proposed conditions and if she felt they could comply with all the conditions. Ms. Chain responded her only question relates to Condition No. 1 regarding gates cross driveways. She explained the school occupies the majority of the building and the gates were installed by them. Paul Singer, Traffic Engineer, stated the existing gates are no problem and this condition would apply to any additional gates. Ms. Chain asked if Condition No. 5 regarding signs concerns the sign on the structure. Chairman Messe explained that condition is to guarantee signing is in conformance with Code and the existing sign is probably in conformance. Commissioner Boydstun stated the sign does not appear to be oversized. Greg Hastings stated if the sign is less than 10$ of the size of the overall wall, it would meet Code requitement. 8/17/87 ~1fi, MINUTES, ANAHEIM CITY PLANNING COMMISSION, AUGUST 17, 1987 Page 87-575 ACT:tON: Commissioner Bouas offerec9 a motion, seconded by Commissioner Fel~9haus and MOTION CARRIED (Commissioner McBurney absent) that the Anaheim City Planning Commission teas reviewed the proposal to permit sales and repair of motor scooters with waiver of minimum number of parking spaces on a rectangularly-shaped parcel of land consisting of approximately 0.8 acres located at the norttrwest corner of Orangethorpe Avenue and Orangekhorpe Park and further described as 1709 Orangethorpe Park; 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 significant effect on the environment. Commissioner Bouas offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED (Commissioner Mct3ur.ney absent) thal• the Anaheim City Planning Commission doss hereby grant waiver of minimurn nilml,er of parking spaces on the basis that the parking waiver will nut 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 conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of tl~e citizens of the City of Anaheim. Commissioner Bouas offered Resolution No. PC87-161 and moved for its passage and adoption that the Anaheim Clty Planning Commission does hereby grant Conditional Use Permit No. 2937 pursuant to Anaheim Municipal Code Sections 18.03.030.030 through 18.03.030.035 anc9 subject to Interdepartmental Committee recommendations. On roll call, the foregoing resolut.i.on was passed by the following vote: AYES: BOUAS, BOYDSTUN, CARUSILLO, FELDHAUS, HERBST, MESSE NOES: NONE ABSENT: MC BURNEY 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 N0. 14 EIR NEGATIVE DECLARATION, WAIVER OF CODE REQUIREMENT ANll CONDITIONAL USE PERMIT N0. 2938 PUBLIC HEARING. OWNERS: RAYMOND A MASCIEL AND CONNIE Y. ~ir.•..-.dL, 1127 West taorth Street, Anaheim, CA 92801. AGENT: GARY MASCIEL, 420 S. Euclid, Anaheim, CA 92807. Property described as a rectangularly-shaped parcel of land consisting of approximately 0.15 acre, 1222 West Pearl Street. To permit a 4-unit senior citizens apartment. complex with waiver of minimum building site area per dwelling unit. There were twelve persons indicating their presence in opposition to subject request and although ttre staff report was not read, it is referred to and made a part of the minutes. 8/17/87 MINU'rk;S, ANAHEIM CITY PLANNING COMMISSIONy AUGUST 17, 1987 Page 87-576 Gary Mascie'_, agent, stated they are proposing 4 senior citizen, 1-bedroom, 1-bath, single-story apartment units. fie stated ttrey di~i meet with the property owners and they basically want the property to be maintained in a similar use as other properties in the area and that most of the properties on that side of the street are single sk•ory with Borne 2-story units further down the street. He stated he proposed Rt4-1200 zoning on this property a couple of months ago; however, he has revised the plans and is proposing these 1-bedroom units in order to keep tt~e number of occupants down and to provide single-story units. He explained there would be restrictions limiting the occupants to person'; 62 years of age or older which would create less traffic and they are creating more open space in order t.o maintain an atmosphere that is similar to what is existing in the neighbor.hocd. Dennis Carter, 1224 W. Pe~~r.l, stated they have no objections to having senior citizens in the neighborhood, but do strongly object to the number of units and added they feel there will be parking problems. tle stared they presented a petition requesting a zone change in that area and they would request this proposal be denied. He stated this project represents overbuilding and makes no positive contributions ho this neighborhood which they can see. Hazel White, 1202 Pearl, corner of Pearl and Carleton, stated the north side of Pearl has no 2-story units; however, there are condominiums, apartments anti 4-plexes further down the street, but very suddenly there have been changes made in this neighborhood and where there were jingle-family residences cn 50 foot by 150-foot lots, there are now 2 structures and mast. recently Mr. Masciel has proposed these 4 units after reducing them from 2 stories to single story, but she did not understand how 4 units could be put on a single-family residential lot.. She stated the building will be on the property line, and stated she thought tie is overbuilding the property and this would make this a dif.Eerent type neighborhood and she would prefer that not be done. Annie Avales, 1228 Pearl Street, stated she was here before when they tried to put in a 4-unit apartment and stated there is a parking problem in that area. She stated she did not think this developer really has an interest in senior citizens, but just wants to get the zone changed from RM-2400 to RM-1200 and then would use the zone change in a manner that is really bad. Mr. Masciel stated any development in that area, even a single-family residence, would have to take access from the alley; and even if a duplex was constructed, 5 parking spaces would be required with access taken from the alley, and the open area would not be as much as he is now proposing; and with 2-bedroom units, there could be more people occupying the un~ s. Ele stated a senior citizen complex would have less impact on the neighborhood. THE PUBLIC HEARING WAS CLOSED. Commissioner Herbst stated he did not feel the neighbors had really done their homework, because this is a good project and wculd have less impact on the neighborhood than a duplex; that the back-up area L•o get into a garage is far better than some of the garages he saw as he drove down the alley; and that four 1-bedroom senior citizen apartments would have fewer occupants and that the units coulu not be rented to anyone other than a senior citizen who is 62 8/17/67 ~T . :,~ MLNUTES. ANAHEIM CITY PhANNING CUMMISSIQN, AUGUST_17, 1987 Page 87-577 years old. He stated the Commission has found that. a senior. citizen project has less impact on an area than any other. use, and because they are single story, they will fit into the neighborhood and the project. does not. deviate very far Erorn the RM-2400 requirements. [1e explained the City is mandated by State law to allow more units than permitted by code because the~~ ire for senior citizens and also, senior citizen unlts are allowed in any zone. Greg Hastings pointed out wi.tl~ the current General Plan Amendment that will be coming before the Commission to redesignate this area to Low-Medium Density Residential (or RM-2400), this project. would be permitted in exactly the same manner as currently being proposed, Commissioner 13ouas indicated co m~~~rn that before a General Plan Amendment is even approved, someone is requestin~a a change. Commissioner Herbst stated he is looking at the number of people who would be living in these units and Ee1t thi:y project would have less impact on the neighborhood than even a duplex. Commissioner i;ouas stated these property owners do not wart more than 2 units. Chairman Messe pointe<9 out t•her.e could be up to 8 people living in 3 units iE they were duplexes, but this project. is for 1-bedroom units and also, une of the units will be rental a3 an affordable unit. Debbie Vagts stated the Housing Department has a signed agreement. for the 1 unit to be rented at 350,00 per month. Mr. Masciel stated the other units would be rented at approxi.rnately450.00 per month. Commissioner Carusillo stated he did nod see a problem with this request because the density, parkin~l and access to the alley have been discussed and those situations ~aould not change if this was an RM-2400 proposed project. Commissioner Feldhaus asked about the petikion signea by 50 property owners. Margaret Carter explaine~9 r.l~ey have petitioned to kiave the area redesignated on the General plan from Medium Dsnsity to Low-Medium Density because they felt that is the only way to prevent 2-story developments in the neighborhood. She stated they do rot want the area overbuilt and to them, that is what. this developer represents. Chairman Messe stated the Commission has this application before them prior t.u the GPA and asked what the difference would be in this proposal if that General Plan Amendment. had already bEen approved. It was noted there would not be any differ. ices in the variances and Chairman Messe stated 'the General plan Amendment will protect the neighbc~rhrod and pointed out khis developer has reduced the pr~~posal from 2 stories to 1 story and from regular apartments to senior citizen apartments. Ms. Carter stated they do nc-t want 4 dwelling units on that section of the street and stated most of +.ne developments are duplexes and they feel this will impact the neighborhood, even though to a nicer degree. Commissioner Herbst. stated with affordable units, the developer is entitled to a 258 density bonus. Debbie Vagts stated the State law only applies when there are 5 or more units. 8/17/67 MINUTES, ANAHEIM r'ITY PLANNING COMMISSION, A.UGUST_17, 1987 Pale 87-578 Commissicner Herbst stated this project provides mare open space and driveway area than would be provided wikh a duplex and the units would only Crave 1 bedroom and ttrat would help satisfy some of the City's need f.oc senior citizen housing. Commissioner Herbst explained sl•udies have shown that ~~nior citizen's projects require less parking because a lot of seniors do not drive. Commissioner Bouas asked if any of the neighbors had seen the plans and Ms. Avales responded they object to the 4 units on this small property. Lena Lopez, 1205 W. Pearl, asked iE the use could be ctranged from a senior citizen apartment in the future. Malcolm Slaughter, Deputy City Attorney, explained the developer will have to enter into an agreement. with the City of Anaheim to provide the units as senior citizen units Eor a minimum of 30 years and that the age of the occupants is restricted. Responding to Chairman Messe, he stated a change may be possible, but he has not seen any attempt to do that. in any of the other developments. Commissioner Bouas stated she felt the concern was still to a 4-unil• project. and the neighbors feel if these 4 units are allowed, that will be the start. of a change and they do not know what will go next. Commissioner Bouas stated she did not want t.o suggest another continuance, but she would like for the neighbors t~ review the plans. Zhe opposition r.rsponded "no" from ttre audience. Mr. Masciel stated he did meet. with a couple of the neighbors and left his business card on the door of several others. Comrr,issioner Bouas stated khis plan is probably much better than anything else that could be developed on this property and she would like for the neighbors to see the plans. She stated she can understand their concern that once this is approved, everyone else would want. more units on their property. Commissioner Herbst stated senior citizen projects have been allowed more density than regular apartments. lie stated this will be controlled by the City of Anaheim and there will be a signed ayreement restricting the use to senior citizens and the units cannot be rented to anyone other than a senior citizen and this would add far less traffic than a duplex. Debbie Vagts explained the owners are required to respond to the Housing Authority when there is a vacancy, and they must allow the Anatreim Housing Authority the first right to rent to someone ort the waiting list. Commissioner Feldhaus stated he sees a lot of hostility from these neighbors and that some people said they did not get notices of this hearing and there were 50 people who signed a petition requesting a General Plan Amendment. He stated he would like to see these people get together with the developer so they can fully understand wh~:t the developer is trying to do. Commissioner Carusillo agreed. Commissioner Boydstun stated if these units are allowed, they will be regulated and controlled and. with the restrictions, if they rent the units to anyone other than a senior citizen, the neighbors can call the Code Enforcement Office. 8/17/87 ~~ i~ MINUTES, ANAHEIM CITY PLAN NING_ COMMISSION., AUGUST 171957 Page _87-579 Malcolm Slaughter skated if there is a violation, the City can take an action be~~ause a covenant which has been recorded against. the property was not being complied with and the neighbors can make sure the owners comply. He stated the City could not evict. t.l~e tenants, bul•. could take legal action against the property owner. Chairman Messe suggested trailing this matter until L•he end of the agenda in order L-or the neighbors and developer to get together outside in the lobby and review the plans. Mary Dunlop, 1209 and 1205 Pearl Steeet•, stated the homes in this block are older homes with smaller garage^ and 2 cars <9o not fit and tt-e overflow of parking is on khe street. She stated senior citizen housing sounds great and that there may not be a need for as much parking, but senior citizens do have friends who come to visit. an~9 also some people do work at age G2 and go out and do other khings anc} those are their concerns. She stated they don't feel there would be adequate parking since there is a parking problem on that street already. Consideration of this muter was trailed until 5:00 p.m. in order for the neighbors to rF:view the proposed plans. At the end of the agenda, Mr. Masciel explained the neighbors still have concerns other than the restrictions that would be imposed on the developer and how they would be enforced; and that they are still concerned about the traffic, and do realize that this would be a better proposal than the one previauslY submitted, but they would still prefer a duplex. Carmen A'illiams, 1212 w. Pearl anc7 1208 W. Pearl, stated the plans are beautiful; however, they are against this because it is in the middle of the block and they do not. want 4 units on that property and feel once it goes in, others will want the same thing. She stated lye units do not look the same and will not fit into the r-eighborhood. Commissioner Carusillo stated he understands the neighbors' concerns and realizes the only way these units would be allowed in this zone is because they will be designated for senior citizens, otherwise, the zoning -vould not allow anything this large. Greg Hastings stated the parking requirements would be more Eor regular apartments as well as the size of the units, therefore, the number of variances necessary would increase. Commissioner Bouas stated the neighbors do not want anything greater than a duplex. Greg Hastings stated this development. would be allowed by Code as long as it met all tt•,e requirements and Chairman Mes~e pointed out. as duplexes, it could be rented to 8 people. Commissioner Herbst etated there could also be teenagers living there with additional cars. Commissioner Boydstun stated she has mixed feelings about this project, but thought she could go along with it and Commissioner Bouas stated it looks like one unit. from the front driving down the street. 8/17/87 MINUTES, ANAHEIM CITY PLANNrNG COMMISSION, AUGUST 17, 1987 Page 87-580 Malcolm Slaughker pointed out. the Commie^?:,~ would have to make findings regarding the access to necessary services as required by Code and Chairman Messe responded that report was submitted by the applicank. Commissioner Feldhaus staked the people are concerned that someone else could corns in and ask Eor 4 units and this could be setting a precedent and the neighbor: response from the audience was thak that is exactly their concern. Commissioner Herbst- stated he has beep on the Camrnission for a long time and did look at l•he envirorment and the effect this could have on the neighborhooc' and pointed out that any property owner ;gas the right to come in and request anything they want on their property and this developer had requested a 4-unit, 2-story complex ~ahich was not approved and now he is askiny Eor a single-story project and the impact on the neighborhood would be far less than anything else. ACTION: Commissioner Herbst offered a motion, seconded by Commissioner Carusillo and hf0~PI0N CARRIED (Commissioner McBurney absent) that the Anaheim City Planning Commission has reviewed the pcoposal to permit a 4-unit senior citizen apartment. complex with waiver of minimum building site area per dwelling unit on a rectangularly-shaped parcel of land consisting of approximately 0.15 acre, having a frontage of approximately 5U feet on the south side of Pearl Street, approximately 280 feet west of the centerline of Carleton Avenue and further described as 1222 W. Pearl Street; 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 significant effect on the environment. Commissioner Herbst offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED (Commissioner McBurney absent. and Commissioner ;eldhaus voting no) that the Anaheim City ?tanning Commission does hereby grant waiver of Code requirement on the basis that there are special circumstances applicable to the property such as size, shape, topography, location and surroundings which do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity. Commissioner Herbst offered Resolution No. PC87-162 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby grant Conditional Use Permit No. 2938 pursuant to Anaheim Municipal Code Sections 18.03.030.030 through 18.03.0?0.035 on the basis the developer has provided evidence as to the location of the site in relation to the proximity of necessary services, including grocery stores, transit stops, medical facilities and banks and subject to Interdepartmental Committee recommendations. On roll call, the foregoing resolution was passed by the following vote: AYES; BOYDSTUN, CARUSILLO, HERBST, MESSE NOES: BOUAS, FELDHAUS, ABSENT: MC GURNEY 8/17/87 MINUTES, ANAfiEIM CITY PLANNING COMMISSION, AUGUST 17, 1987_ Page 87-581 Malcolm Slaughter, Deputy City At.tarneYr Fresented the written right to appeal the Planning Commission's decision wikhin 22 days to the City Council. After the meeting was adjourned, Ms. Carter stated the plan they had seen in the lobby showed r.his is an RM-1200 project. Chairman Messe stated he would make sure the resolution is clear on that issue. ITEM N0. 15 EIR NF,GA'fIVE DECLARATION (PREVIOUSLX APPROVFiD)~AIVER OF' CODE REQUIREMENT AND CONDITIONAL USE PERMIT N0. 2750 - REVISION N0. 2 (READY.) PUBLIC HEARING. OWNERS: SSP PROPER'CIF.S, JOHN R. SCHANT2 ET. AL, 20100 Brookhurst, Huntington Beach, CA 92646. AGENTS: LEE AND SAKAHAkA ASSOCIATES, 3190-K Airport Loop, Coeta Mesa, CA 92626. Property described ag an irregularly-shaped parcel of land consisting of approximately 2.9 acres located southeast of the int.ersect.ion of the Riverside Freeway and Imperial Highway. To permit a 46.3 foot t•~igh, 164-unit motel with waivers of (a) required site screening (b) maximum structural height, (c) minimum structural setback, and (d) minimum landscaped setback. Chairman Me3se explained the petitioner has requested a continuance to the meeting of August- 31, 1987. ACTION: Commissioner Bouas offered a motion, seconded by Commissioner Herbst and MOTION CARRIED (Commissioner McBurney absent) that consideration of the aforementioned matter be continued to the regularly-scheduled meeting of August 31, 1987, at the request of the petitioner. ITEM N0. 16 EIR CATEGORICAL EXEMPTION CLASS 11 AND VARIANCE N0. 3684 PUBLIC HEARING. OWNER: MON'PE VERANO COURT ASSOCIATES c/o SUMMERHILL DEVELOPt4ENT CO., l•122 E. Lincoln Ave, Ste. 113, Orange, CA 92665 ATTN: ELIAS JOHN GARCIA. Property described as a rectangularly-shaped parcel of land consisting of approximately 4.5 acres located at the southeast corner of Broadway and Citron Street, 610-700 West Broadway. Waiver of maximum number and size of identification signs to construct two entry m,~nument signs for an apartment complex. There was no one indicating their presence in opposition to subject request and although the staff report. was not read, i-• is referred to and made a part of the minutes. Mark Ronson, agent, was present. to answer any questions. Austin Mougey, 502 S. Citron, asked if any of the signs would be Facing Citron. Chairman Messe pointed out the plans showed the signs facing Broadway. Mr. Mougey stated he did not see a need to have a sign on each side of the driveway and the neighbors would like to keep the signs to a minimum in that area. 8/17/87 sew s MINUTES. ANAHEIM CI'PY PLANNING COMMISSION, AUGUST 17,_1997 Page 87-582 Mr. Ronson stated they want traffic to be able to see the signs coming from both directions. Fie reviewed the plans with Mr. Mousey. THE PUBLIC HEARING WAS CLOSET). Commissioner Bouas stated she thought this would make an art.ractive entrance to this project. It was noted the Planning Director or his authorized representative has determined that the proposed project fal.is within the definition of Categorical Exemptions, Class 11, as defined in the State Environmenh.al Impact Report Guidelines and is, therefore, categorically exempt Erom the requirement to prepare an FIR. Commissioner Bouas offered Resolution No. PC87-163 and moved Eor its passage and adoption that. the Anaheim City Planning commission does hereby grant Variance No. 3684 on l•he basis that. there are special circumstances applicable to the property such as size, shape, topography, location and surroundings which do not apply to other identii:dlly zoned property in the same vicinity; and that strict. application of the Zoning Coc9e deprives tl~e property of privileges enjoyed by other propertles in the identical zone and classification in the vicinity and subject. to Interdepartmental Committee recommendations. On roll call, the foregoing resolution was passed by thy: fallowing vote: AYES; BOUAS, BOYDSTUN, CARIJSILLO, FF.LUHAUS, HERBST, MGSSE NOES: NONE ABSENT: MC BURNE~t Malcolm Slaugt~tec, Deputy City Attorney, presented the wricten right to appeal the Planning Commission's decision within 22 days to the City Council. ITEM N0. 17 EIR CATEGORI:AL EXEMPTION-CLASS 11 AND VARIANCE N0. 3687 PUE3LIC HEARING. OWNER: F.~cNEST MARRUJO, 212 E. Windsor, Rd ~ C, Glendala, CA 91205. AGENT: ERIC CERNICH, Harbor Auto Center, 730 E1 Camino Way N200, Tustin, CA 92680. Property described as a rectangularly-shaped parcel of land consisting of approximately 4.6 acres, 2232 South Harbor (Toys R Us Property). To conskruct a 90 square-foot addition to a freestanding sign with waivers of (a) business sign definition (b) maximum area of freestanding sign (c) permitted location of Freestanding sign. Robert Krep, agent, was present to answer any questions. THE PUBLIC HEARING WAS CLOSED. Chairman Messe asked about access to the parking lot. Mr. Krep stated it appears there is no access and they will be putting in a 6-L•oot fence for privacy. 8/17/87 MINUTES, ANAHEIM CITY PLAN NTNG COMMISSION, AUGUST 17, 1987 P.a a 87-58.3 it was noted the Planning Direckor or hls authorized representative has determined khat the proposed project falls within the definition of CategoriuidelinescandsisClLherefore~ categoaicallyc.exempt. Eromr~heereyuirerpnent Report G to lrepare an EIP.. ACTION: Commissioner Bouas offered Resolution No. PC8'1-164 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby grant Variance No. 3687 on tl~e basis that there are special circumstances applicable to the property such as size, shape, topography, location and surroundings whlch i3o not apply to other identically zoned property in the same vicinity; and that strict application of. thc~ 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. On roll call, the foregoing resolution was passed by the following vote: AYES: BOUAS, BOYDS'CUN, CARUSILLO, FELI)fiAUS, 13ERBST, MESSE NOES: NONE ABSENT: MC BU RNF.Y Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal the plar-ning Commission's decision within 22 ~9ays to the City Council. ITEM NO. 18 REPORTS AND RECOMMENDATIONS A. CuNDITIONAL USE PERMIT N0. 2741 - Request from Andrew W. Edwards (Owner/Operator of Anaheim Hills Saddle Club) for a one year extension of time in order to comply with the conditions of approval, property located at 6352 F.. Nohl Ranch. ACTION: Commissioner Bouas offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED (Commissioner Mct3urney absent) that the Anaheim City Planning Commission does hereby approve a ore-year retroactive extension of time for Conditional Use Permit No. 2741, to expire on January 6, 1988. B. CONDITIONAL USE PERMIT N0. 2749 - Request from Richard L. Gonser, Jr•with Rauh and Price Architects for a one-year extension of time to comply the conditions of approval, property located at 2580 West. Orange. ACTION: Commissioner Herbst. offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (Commissioner McBurney absent) that. the Anaheim City Planning Commission does hereby grant a one-year extension of time, retroactive to January 20, 1987, for Condi~ional Use Permit No. 2749 to expire on January 20, 1988. 8/17/87 MINUTES, ANAHEIM CLTY PJ.ANNING COMMISSION, AUGUST 17,_.1987 Page 87__584 C. CONDITIONAL USE E'ERMIT NOJ3394 - Request from Ronald Lachor for ar ext.ensian of time in order to comply with Conditions of Approval, property located at 3538 W. Savanna. Ar.TION: Commissioner Herbst offered a motion, Heconded by Commissioner Bouas (Commissioner McBUrney absent) t.het the Anaheim City Planning Commission does hereby ycant a one-year extension of time for Variance Nn. 3384 to expiry on August. 6, 1988. OTHER DISCUSSION: A. Chairman Messe congcatu.lated Commissioner Herhdt Ear his award from the American Planning Association State Ct'~apter and explained Commissioner Herbst. would be attending a meeting on Friday in San Diego to be honored and receive his award. ADJOURNMENT: Ttie meeting was adjourned at 5:30 p.m. Respectfully submitted, ~r. 42.E%~ "`-' Edlth L. Harris, Secretary Anaheim City Planning Commission E1.H : lm 0012m 6/17/87 ~...e~