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Minutes-PC 1990/09/10 -~ _ / - ~- ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION MONDAY, SEPTEMBER 10, 1990, AT 9:30 A.M. PRELIMINARY PLAN REVIEW PUBLIC HEARING (PUBLIC TESTIMONY) 9:30 A.M. Presentation by Art Daw, Public Works/Engineering RE: West Street Realignment 1:30 P.M. APPROVAL OF MINUTES from the meeting of June 18, 1990. PROCEDURE TO EXPEDITE PLANNING COMMISSION PUBLIC HEARINGS 1. The proponents in applications which are not contested will have five minutes to present their evidence. Additional time will be granted upon request if, in the opinion of the Commission, such additional time will produce evidence important to the Commission's consideration. 2. In contested applications, the proponents and opponent will each be given ten minutes to present his case unless additional time is requested and the complexity of the matter warrants. The Commission's considerations are not determined by the length of time a participant speaks, but rather by what he says. 3. Staff Reports are part of the evidence deemed received by the Commission in each hearing. Copies are available to the public prior ~o the meeting. 4. The Commission will withhold questions until the public hearing is closed. 5. The Commission reserves the right to deviate from the foregoing if, in its opinion, the ends of fairness to all concerned will be served. 6. All documents are presented to the Planning Commission for review in connection with any hearing, inclu3ing photographs or other acceptable visual representations of non-documentary evidence, shall be retained by the Commission for the public record and shall be available for public inspections. 7. At the end of the scheduled hearings, members of the public will be allowed to speak on items of interest which are within the jurisdiction of the Planning Commission, and/or agenda items. Each speaker will be allotted a maximum of five (5) minutes to speak. 10244MS Page 1 ___ __ _ , .;a, ... ~ ._ ;~ ,:,. --~. r-~. A. Service Award - Presentation to Chuck McBurney. la. CEOA NEGATIVE DECLARATION Continued to lb. WAIVER OF CODE REQUIREMENT 10-8-90 lC. CON DI TION AL USE PERMIT NO. 3317 I OWNER: F. CULVER, 799 S. Lonestar Lane, Anaheim, CA 92807 AGENT: B. AGARWAL, 30032 Avenida Classics, Rancho Palos - Verdes, CA 90274 LOCATION: 2625 West Lincoln Ave. Property is approximately 1.04 acres located on the north aide of Lincoln Ave. and approximately 270 feet west of the centerline of Magnolia Ave. Tn permit a 44-unit, deck-type affordable apartment complex with wa~vsr of minimum building site area per dwelling unit. Continued from the July 30, 1990, Planning Commission Meeting. CONDITIONAL USE PERMIT RESOLUTION NO. Pa~e 2 9•- ~ -90 -~ --. 2a. MITIGATED CEOA NEGATIVE DECLARATION Disapproved 2b. VARIANCE NO. 4073 Denied,without 2c. TENTATIVE TRACT MAP NO. 14185 prejudice Denied without prejudice ~~.' OWNER: ROBERT D. and HAROLDENE WIENS, 7536 Vista Del Sol, f Anaheim, CA 92808 4~ Y`'1 LOCATION: Property is annroximately 11 91 acres located on the +''1 ~ east side of Country Hill Road and aoproxi.mately 334 ~~ ~` feet east of the centerline of Country Hill Road and Vista Del Sol. ~ ~ Waiver of minimum lot width to establish a 20-lot pl.ua 1 common ~ ' lot RS-HS-22,000 (SC) subdivision. ww `~ Continued from the August 13, 1990 and August 27, 1990, Planning I ~i Commission meetings. ~' ?'.";~ 'A. ~~, VARIANCE RESOLUTION NO. PC90-221 i'.~ ~'•2 ' -------~.--------•~-----------------•~---------------------~.-.~--------••- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION,. NOT TO BE ~ CONSIDERED OFFICIAL MINUTES. ~; OPPOSITION: 1 person present in favor i ' '~-? .;, 1 erson resent in o ~ P P pposition .~1 2 letters of opposition OPPOSITION CONi:ERNS: Revised grading and development plane not made available to the public; no guarantee this owner would develop the property; approval wi#;hout conditions means open-ended project. °<equested mz:_ter be continued for further public review and in order for the developer to provide more EIR information; fully anticipated impacts should be considered; project across the street had a subsequent supplement EIR to the Del Giorgio tract EIR. PETITIONER'S COMMENTS: Each of the three properties in this site have had Negative Declarations approved. Felt they have provided adequate access to each of these sites. Crib wall has been eliminated; felt Engineering concerns have been adequately addressed. Contour grading where necessary, keeping grading to minimum, houses would be designed to take advantage of natural terrain; 2:1 slope not a problem. Not submitting development plans at this time; simply subdividing the Zand; property across street had different conditions. Felt they have demonstrated property will be developed with homes appropriate for this area. Pagel~3 9-10•F9 _~ ~~ . .~.... .. .. .. "!.?RA COMMISSION COMMENTS: Mesas - No question of owner's integrity, but for safety and in compliance with atste mandates, EIR should be submitted; does not need to be a full blown F.IR. Henninger - Agreed project could be designed at this density, but basic concept is half-baked and should not have been presented today; potential visual intrusion which could be mitigated; appropriate way to ensure compliance is with mitigation measures in the EIR. STAFF COMMENTS: Planning - Previously-approved Negative Declarations were done on individual parcel maps for one lot at a time. City's policy for requiring environmental impact reports is standard. and EIRs were done on other tracts and No. 297 for Country Hills Estates, for 10 lots on 7 acres discussed issues of grading and drainage and this tract has essentially those same issues; during Interdepartmental Committee meeting, Engineering raised concerns and since no development plans were submitted, the concerns have evolved as things progressed; property owner has assembled a project team and they could put together an EIR in a timely fashion. Staff weuld work with them and an EIR could come before the Planning Commission no later than early January and at the same time, they could continue with the grading plans and the storm drain which has to be engineered and staff would work diligently with the applicant to produce a document that would give the City a safe project. Public Works Engineering - Focused EIR would be adequate; would be locally reviewed EIR which means a review period of 45 days; EIR would be a full disclosure document available for public review. Based on the information staff has seen, it appears there may be significant environmental impacts. issues have been discussed with developer, but the issues need to be documented in writing and available for full disclosure to the public and so that all the information is available to the Planning Commission which they need to make their decision on the project; a lot of the concerns have been discussed but it alI needs to be documented. ACTION: Disapproval of Mitigated Negative Declaration Denied Variance No. 4073, without prejudice Denied TT 14185, without prejudice VOTE : 7-0 Page 4 9-10-90 ~' ~~ x; ~ --~ ,---~. 4a. CEOA NEGATIVE DECLARATION 4b. RECLASSIFICATION NO. 90-91-11 OWNER: HILLMAN PROPERTIES WEST, 450 Newport Center Drive, Ste. 304, Newport Beach, CA 92660 AGENT: CITY of ANAHEIM, 200 S. Anaheim Blvd., Anaheim, CA 92803 LOCATION: Property is anUroximately 11.5 acres located southeast side of Katella Ave. and immediately northeast of the Santa Fe Railroad,_Atchison, Topeka and right-of-way. CP.(Commercial Recreational) to CO(Commercial Office) or a less intense zone. RECLASSIFICATION RESOLUTION NO. PC 90-224 --------------------------------------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED GFFICIAL MINUTES. OPPOSITION: None A representative asked that the staff report be corrected (Items 2 and 10) from CR to CO and that the map be corrected to show the request was initiated by the City of Anaheim. ACTION: Negative Declaration Approved Reclassification Granted VOTE: (7-0) Approved Granted Page 6 9-Zp-90 i ~.° ~~ •. -~, 5a. ENVIRONMENTAL IMPACT REPORT NO 273 (Previously Certified) 5b. SPECIMEN TREE REMOVAL NO 90-04 OWNER: PRESLEY OF SOUTHERN CALIFORNIA, P.O. Box 6110, Newport Beach, CA 92658-6110 LOCATION: Subject property comprises approximately 100.7 acres of the northwesterly portion of the Highlands at Anaheim Hillc, generally bounded on the north by East Hills Planned Community on the east by the Highlands Development Areas 3, 6 and 7, on the southwest by the existing Anaheim Hills Planned Community and the Mohler Drive residential area and further described as the Highland at Anaheim Hills Specific Plan (SP87-1) Development Areas 2 and 5. Petitioner requests the removal of one (1) specimen tree under authority of Code Section 18.84.038.040 in conjunction with Phase III mass grading for Tract 12687 and Development Areas 2 and 5. ---------------------------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER'S COMMENTS: Attempted to save tree, located in grading area and is about 4 feet in diameter. ACTION: Approved VOTE: (7-0) Page 9-10- 0 ......: ~:;, ,: , 4. . t' ~ ~~ 3a. CEOA NEGATIVE DECLARATION 3b. RECLASSIFICATION 90-91-08 3c. WAIVER OF CODE REQUIREMENT 3d. CONDITIONAL USE PERMIT N0. 3328 OWNER: FRANK GONZALEZ, 338 E. Valencia, Fullerton, CA 92632 AGENT: SEAN WHALING, 133 W. Chapman, Ste. I Fullerton, CA 92632 LOCATION: 1129 North Lemon Street. Property is approximately 0.1 acre located on the west side of Lemon Street and approximately 400 feet north of the centerline of Anaheim Blvd. To permit a tire shop with installation with waiver of minimum building setback. Continued from the August 27, 1990, Planning Commission Meeting. RECLASSIFICATION RESOLUTION NO. PC90-222 CONDITIONAL USE PERMIT RESOLUTION NO. PC90-22:3 --------------------------------------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER'S COMMENTS: Matter was continued for additional information to be submitted regarding operation. The disposal of tires will be by a tire salvage dealer. COMMISSION COMMENTS: Landscape plane should be approved by Planning Department. ACTION: Approved Negative Declaration ;ranted Reclassification (7-0) Granted waiver of minimum building setback Vote: (6-1) (Hellyer voted no} Granted Conditional Use Permit with condition that landscape plans would be approved by the Planning Department. Vote: {6-lj (Hellyer voted no) Approved Granted Granted Granted Page 5 9-10-90 y7J:.. ~~ ~ ~~. 6a. CEOA NEGATIVE DECLARATION 6b. RECLASSIFICATION NO. 90-91-92 6c. CONDITIONAL USE PERMIT NO. 3322 OWNER: GORDON R. HANSHAW, 10921 Westminster Ave., Garden Grove, CA 92683 AGENT: KARL A. KORDIK, 10921 Westminster Ave., Garden Grove, CA 92683 LOCATION: 2897 West Lincoln Ave. Property is approximately 1.3 acres located at the northeas*, corner of Lincoln Ave. and Bel Air Street. CH to CL. To permit an air rifle and pistol rann,?. RECLASSIFICATION RESOLUTION NO. PC90-225 CONDITIONAL USE PERMIT RESOLUTION NO. PC90-226 --------------------------------------------------------------------- FOLLOWING IS A SUM.KARY OF THE PLANA'ING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: 2 people present Petition with 28 signatures presented. 1 letter of opposition presented OPPOSITION CONCERNS: Concerned about danger of even air guns; irresponsible persons acting irresponsibly, no advantage to increase of gun sales. PETITIONER'S COMMENTS: Applicant not present. ACTION: Approved Negative Declaration VOTE: (7-0) Granted Reclassification VOTE: (7-0) Denied Conditional Use Permit VOTE: (6-1) (Henninger voted no) (Approved Granted Denied Pag 8 9-1~-90 :ax, ~~ ~. 7a. CEOA MITIGATED NEGATIVE DECLARATION Approved 7b. WAIVER OF CODE REQUIREMENT A roved 7c. CONDITIONAL USE PERMIT NO 3331 PP , part Granted, part (b denied) 60 Days OWNER: JAY RICHARD CADES, 847 S. East Street, Anaheim, CA ,y' 92805 , AGENT: BUDD B. WARSHAUER, 18743 Elmwood Lane, Huntington Beach, CA 92646 LOCATION: 847 South East Street._ Property is approximately 3.7 acres located on the west side of East Street and approximately 591 feet south of the centerline of South Street. To permit an outdoor storage of chemicals with waivers of: (a) minimum number of parking spaces and (b) required enclosure of outdoor uses. CONDITIONAL USE PERMIT RESOLUTION NO. PC 90-227 FOLLOWING IS A SUMMAP.X OF THE PLANNING COMMISSION ACTION. NOT TO-BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: ATOne PETITIONER'S CC,4MENTS: Need CUP for 50'x 60'concrete containment area, totally bermed and protected. STAFF COMMENTS: Code Enforcement - This company has history of not being a good houaekee_~er. Presented photographs of last inspection showing general conditions of the property. Concerned if CUP is granted, problems wi_1 continue. Portion of property is leased to sign :,hop on the site and it has a trailer with someone living in it; deteriorated barrels, barrels with no labels; there is a need for this type of service in the community, but concern was that this company would not conduct it in a safe manner. Fire De~~artment - Concerned because of slow response to meeting Fire safety requirements in the past, one year ago violation report of incompatible storage and that condition still exists; not concerned about actual outdoor storage but about the drums and their housekeeping in general. Building ha3 to have containment area inside in case of a spill and that requirement has not been met to date. COMMISSION COMMENTS: Mesas- Application indicated they do not dispose of hazardous or toxic chemicals, but now it appears they do. (Appl.icanL. explained they buy the product frog. the manufacturer and then r~aell it and there is no manufacturing on the premises. Page 9-10 9 30 -. ,-., Henninger - Asked if site is large enough to store these chemicals safely, noting a number of things are being stored there. Concerned that drums stored on raw dirt could leak and cause leaching problems into the groundwater. (Applicant r<LSponded site is adequate and explained engineer designed the concrete storage area and it would be bermed in accordance with the approval of the Fire Department; that the Fire Department had agreed to permit the regL~ast, if it is approved by the Planning Commission. Explained city requested the underground tanks be removed on South Street and they had to bring thane products to this site and that could have been the reason for some of the drums shown in the photographs.) Henninger - Did not feel Commission has adequate information to approve a Negative Declaration based on the testimony presented today about hazardous materials and suggested they need to review the documents and submit revised documents to discuss what they want to do and in order to make the Planning Commission comfortable that it will be done correctly and that there would be adequate storage for all the chemicals. He suggested a 30-day continuance and suggested they work with Code Enforcement staff and the Fire Department staff to solve the problemR. There is public demand for this service but that type business has really clYanged in the last few years and it appears this company is still operating the old way. (Applicant explained they are on a 30-day inspection schedule by the Fire Department; that most containers have been labeled; it has been a tremendous task to close the second facility and remove the underground tanks and comply with all the government requirements; it has been an on-going process and has improved 100$; and they had two buildings previously and one had to be closed. Bermed containment area is for the products from the second facility which had underground tanks and the products in those tanks had to be removed first and then put into 55 gallon drums; that the berm will meet the Fire Department requirements and they have a temporary permit to store the combustible and flammable chemicals in the area referred to.) (Explained trailer is owned by the sign company and did not know someone was living in it and the siren company sea the rear portion of the site for storage of large sign timber supports and does some assembly and parking of vehicles and their access is through subject property. Sign company was a tenant when the property was purchased and that Lease still exists.) (Indicatsd open containers shown in photographs are empty. Explained moving van was seized by Police Department and is stored there.) (Explained smaller containers are for repackaging if customers want smaller quantity and the standard size is 55 gallon steel drums.) age 10 9-10-90 (Applicant - responded intention is to trim existing oleanders. Pointed out there are quite a few areas for landscaping and they will be adding some grass since a Zot of the brides want pictures taken outside and referred to an area next to the building on the Manchester side where they could add a garden atmosphere which could be seen from the parking area and the street.) STAFF COMMENTS: If City Council seta this matter for a public hearing, the decision of the Planning Commission ie no longer valid and the new Codes would become effective and the facility could not have the alcoholic beverages without the Code being amended. Concerning the widening of landscaped area on Manchester, a portion of the parking would be eliminated. ACTION: Negative Declaration Parking waivE;: granted ' Conditional Uae Permit granted Subject to elimination of pole signs and improved landscaping. VOTE: 7-0 Page 13 9-10-90 ~. 8a. CEOA NEGATIVE DECLARATION 8b. WAIVER OF CODE TtEOUIREMENTS 8c. CONDITIONAL USE PERMIT NO. 3332 OWNER: JAMES EDMONDSON, 1380 S. Harbor Blvd., Anaheim, CA 92802 AGENT: ARROW Ii^IESTMENT COMPANY, Attn: Frank Startup, 15865 "B" %;nle :,ve., #1122, Industry, CA 91745 LOCATION: 1414 S. Harbor Blvd. Property is approximately 2.2 acres located south and east of the southeast corner of; Manchester Ave., and Harbor Blvd. To permit a banquet/meeting room facility and on-sale alcoholic beverage with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC 90-228 FOLLOWING IS A SUMMARY OF THE PLANNING 4.7MMISSI0N ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER'S COMMENTS: Facility for private functions such as wedding receptions; hotels specialize in conventions and conferences; not open to the public, controlled with time limits and security guards. Operates other similar facilities in La Habra and Claremont. COMMISSION COMMENTS: Meese - Referred to new CR guidelines and atanr~arda which are more stringent and asked if sign could be changed. Questioned need for signs since this facility is marketed in a different way and would not depend on signs for advertising and asked that at least one sign be eliminated. Hellyer - stated the City is trying to clean up that area and pole signs arz something he could not support. Suggested bringing signs more in line with new guidelines proposed for the CR area and putting in a monument sign, pointing out the use would not even be permitted with alcoholic Leverages being served after the new Codes become effective. (Applicant responded intentions are to just change copy on ~axisting signs on Harbor and Manchester and explained building needs extensive work; felt sign is necessary for quests coming to functions at the facility. Agreed to a monument type sign and asked if it could be 1.zghted and agreed that would give the facility a more classy ?r~pearance . ) ?1raza - Cancer^ed about landscaping on Manchester. Approved Granted Granted Page 9-10- (Explained soil contamination problem at the is being resolved; that the groundwater is 128 feet deep with three Zayers of clay and removal operation has begun. Hellyer - Rather than continuing the matter, suggested granting the permit for 60 or 90 days so the concrete containment area can be constructed since that is what the City wants so the drums would not be stored on the dirt where the chi,-„?cols could percolate into the groundwater. Staff - A mitigation n~onitori.ng program could require letters of compliance from HAZMAT, Fire Department, County Health Care Agency, State department of Health Services, Ptc. to be submitted within 90 days, and approve this request today. (Applicant responded Zetters from County agencies could take longer.) Boydatun - Suggested a more stringent inspection schedule, and that the owner pay for those inspections rather than the taxpayers. Bouas - Questioned reason for 7-foot high wall, and noted the fence hoe to be slatted. (Applicant responded drums are stored on 6-inch high pallets and two drums stacked are 7 feet high.) Fire Department requested conditions that the labeling of the drums continue and the berm for the temporary storage be raised. Planning Staff - Pouring of the concrete is not part of this CUP, but slab could not be used for storage until 22 day appeal period ie over. Code Enforcement - Suggested conditions that subject property shall be in compliance with all applicable city, county, state and •Pederal regulations within 45 days and that applicant shall pay for bi-weekly inspections of the property by the Code Enforcement and Fire Department staffs; and that there should be no one living in the trailer on the site; and that the chemical drums shall all be labeled and sealed and the ones that are open shall be sealed and those things should be accomplished as soon as possible. ACTION: Approved Mitigated Negative Declaration Approved Waiver (a) (min. no. parking spaces) Denied Waiver (b) (required enclosure of outdoor uses) Granted CUP for 60 day period, allowing concrete containment area to be constructed. VOTE: 7-fi Page 11 9-10-90 ~ -~ I 9a. ENVIRONMENTAL IMPACT REPORT NO 300 (Previously Certified) 9b. CONDITIONAL USE PERMIT NO 3333 OWNER: TRAMMEL CROW COMPANY, P.O. Hox 200, Bloomfield Hills, NJ 48303 AGENT: BSG ANAHEIM A LIMITED PARTNERSHIP, Attn: R.M. Fiscus, 625 The City Drive, Ste. 110, Orange, CA 92668 LOCATION: Property is approximately 85 acres located at the southwest corner of Santa Ana Canyon Road and Roosevelt Road. To permit a convenience food store and carwash in a previously approved service station. CONDITIONAL USE PERMIT RESOLUTION NO. PC90-229 ---------------------------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None ACTION: Granted VOTE: 7-0 Page ~4 9-10- 0 ~:- r;. 10a. ~EOA NEGATIVE DECLARATION lOb. WAIVER OF CODE REQUIREMENT ~'~ 100. CONDITIONAL USE PERMIT NO. 3334 OWNER: CALIFORNIA DRIVE-IN THEATRES INC., 120 N. Robertson Blvd., Los Angeles, CA 9004p LOCATION: 1520 North Lemon Street. Property is approximately 24.9 acres located at the southeast corner of Lemon Street and Duret Street. To permit an outdoor swap meet with waivers of minimum landscaped setback and maximum Pence height. CONDITIONAL USE PERMIT RESOLUTION NO. Page~15 9-1OT90 I -. - lla. CEOA NEGATIVE DECLARATION llb. VARIANCE NO. 4063 llc. TENTATIVE TRACT MAP NO. 14391 OWNER: ESTATE OF HELEN FUGUAY, c/o ARTHUR W. GRAY/DORIS SMITH, 914 Weft Lincoln, Anaheim, CA 92805 AGENT: ANDREW HOMES INC., Attn: Markram Nawar, 4400 Mac Arthur Blvd., 9th Floor, Newport Beach, CA 92660 LOCATION: 3238 West Ball Road. Property is approximately 1.1 acres located on the south Bide of Ball Road and approximately 530 feet east of the centerline of Oaki:aven Drive. Waivers of minimum building site area per unit and minimum landscaped area to establish a 14-unit condominium complex. VARIANCE RESOLUTION NO. PC90-230 -------------------------------------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER'S COMMENTS: Hardship based on required dedication of 23 feet. COMMISSION COMMENTS: Bouas - Trash next to single-family residences. No hardshil, for granting waivers, since developer knew dedication would be required when property was purchased. (Applicant responded This is the first time Sanitation Division has required turnaround area so they will not have to stop on street to pick up trash. Could provide landscaping between trash area and single family homes and provide a top on the trash enclosure. There wiZ1 be a concrete block wall on property Zine.) Hellyer Single-family homes were there first; trash trucks would have to drive close to the homes. Henninger - Nice single-family homes on two sides and they deserve landscaped setback; did not agree dedication creates a hardship. Could eliminate a unit to provide landscaping. (This design for two-story townhomes would not work to provide landscaping; could have flat condos, with on deck parking; units at 900 square feet would be a minimum project.) ,Approved Denied Continued to 10-8-90 i Page 16 9-10-90 '~ Meese: Agreed 20-foot landscaped setback next to single-family homes is necessary. (Agreed they knew of 20-foot Landscaped buffer requirement; could provide 5 feet of landscaping with Zaxger trees and stated there will be no visual intrusion because of the block wall; actual structure is r0 feet way. Hellyer - Aeked price of units (Response - $150,000 to $170,000; and noted these are larger unite and a quality project). Hellyer agreed with applicant about providing quality project. STAFF COMMENTS: Engineering: Private Street Standard No. 122 requires 4 foot wide sidewalks on both sides. Applicant could provide alternate means for pedestrian entrance. Developer indicated he had some concepts but they were not submitted for staff review. Aeked with sidewalk on east aide, would owners enter through their back yards. (5-foot sidewalk, with 5-foot landscaping for a total of ZO feet). Private 10-foot patio in 20-foot setback; access from their patio.} Engineering: Would want greater setback from the garage to the sidewalk. Roll up garage doors would be required. Housing: Project does not meet RM-3000 Code, so density bonus with one additional unit is necessary, requested 1 additional affordable unit. Sales price calculated on State Government Code and applic:,.~; does not agree. Recommended development of 13 units, meeting the landscaping requirement and complying with all codes. (Applicant response - $92,000 affordable selling price would be quite a lass - especially for only 1/10 variance. Requested the affordable unit be 2 bedrooms). Westerly building is only stacked units in project; and the units on the south side are one story and even the stacked units have enclosed garages. Housing: Policy is not to segregate unite. Sales price based on assumed household size - state law calculations on income of 80$ of median income. Henninger - Concerned approval of this project on a nice rectangularly-shaped parcel would make it hard to deny future similar requests. Codes are to protect single-family residences and if we are going to grant these waivers, the Codee should be changed. Did not see hardship for approval of variance. Hellyer: Felt getting an affordable unit was justification; and that the goals of the Housing Element need to be met. Page 17 9-•10-90 ~1 t . ACTION: Negative Declaration Approved (7-0) Variance Denied (5-2) (Hellyer & Bouas voting no) Henninger: Offered developer opportunity to revise plane and continuance of the tentative tract map. Explained he objects to landscape setback waiver. .Hellyer - Suggested reducing the size of the unite. Messe: Suggested one unit could be eliminated. Henninger: Suggested could possibly solve problem by moving pool, creating double-loaded bay. (Applicant response - recreational area next to single-family homes has always been a problem zn the past.) TENTATIVE TRACT Continued to 10-8-90 (5-2} (Hellyer & Bouas voted no) Page 18 9-10-90 f~ .,_... k _' 12a. C_EQA NEGATIVE DECLARATION (Previously Certified) 12b. CONDITIONAL USE PERMIT NO. 2973 OWNER: ORKIN INC., c/o THRIFTY OIL CO., Attn: A.W. Johnson Jr., 10000 Lakewood Blvd., Downey, CA 90240 LOCATION: 304 S. Magnolia Ave. Property is approximately 0.52 acre located at the southeast corner of Broadway and Magnolia Ave. To amend conditions of approval to allow off-sale beer and wine at a gasoline service station. CONDITIONAL USE PERMIT RESOLUTION NO. PC90-231 ---------------------------------------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMIS;~ION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: 3 people present OPPOSITION CONCERNS: Beer & Wine currently being sold at this location - do not need more in the neighborhood. Lot of bottles there now from existing uses and other problems with noise, graffiti, etc. relating to the sale of beer and wine. Would create hardship for 7-11 which currently sells beer & wine and does not sell gasoline. PETITIONER'S COMMENTS: Will have restrooms and do better monitoring of situation and this will improve the current situation. COMMISSION COMMENTS: Hellyer: Previous request for beer & wine sales was denied; concerned about mixture with sale of gasoline & alcohol and the message It gives ar;;9 the convenience. (Applicant response - Probably was Circle K at this Zocat.ion which had denial. No proven study there is a direct relationship to drinking with the sale of gasoline & alcohol. ACTION' Denied request to allow off-sale beer and wine at a gasoline service station. VOTE: (6-1) (Feldhaus voting no) I Page 1 9-10-9 '' r 13. REPORTS AND RECOMMENDATIONS: A. CONDITIONAL USE PERMIT td0. 3212 - Request for Extension of Time: Donald G. Hunt (Hunt Enterprises, Inc.), requests extension of time for property located at 400 W. Wilken Way. Continued from August 13, 1990, Planning Commission meeting. B. VARIANCE NO. 3961 AND TENTATIVE TRACT MAP NO. 13991 - REOUEST FOR EXTENSION OF 'TIME TO COMPLY WITH CONDITIONS OF APPROVAL: Thomas Tarbutton requests extension of time for property located at 1261-1271 Lynwood Drive and ',llwood Circle. C. THa:S ITEM REMOVED FROM AGENDA - (RECLASSIFICATION NO. 82-83- D. CONDITIONAL USE PERMIT NOS. 849. 1001. 1433 AND 3023 _- REQUEST FOR TERMINATION: Tim Cromwell request for termi- nation of property located at 2804 and 2816 No. Lincoln Ave. RESOLUTION NO. PC90-232 E. CONDITIONAL USE PERMIT N0. 2809 - REQUEST FOR RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: Alan Trider requests extension of time for property located at 415 Anaheim Hills Rd. F. CONDITIONAL USE PERMIT NO. 3045 - REOUE°:' ~';:1R RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITI~~N; OF APPROVAL: Dr.shyng J. Lin requests extension of tine for property located at 1597 W. Katella. G. RECLASSIFICATION N0. 89-90-51 ~- NUNC PRO TUNC RESOLUTION to amend legal description. Property located at 42F North Magnolia Ave. RESOLUTION NO. PC90-233 14. OTHER DYSCUSSION: None ITEMS OF PUBLIC INTEREST: None ADJOURNED TO 3:00 P.M.,September 17, 1990 - Work Session - Planning Department Conference Room. Page 9-10 .i: Approred to 11-6-91. Approved for Variance to 8-14-91. Denied TT Removed. Approved Approved 7-21-90 Approved 8-15-91 Approved 20 •90