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Minutes-PC 1990/10/22~ y3r -~ /"` •~ ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION MONDAY, OCTOBER 22, 1990 AT 10:00 A.M. PRELIMINARY PLAN REVIEW PUBLIC HEARING (PUBLIC TESTIMONY 10:00 a.m. 1:30 p.M, COMMISSIONERS FP.ESENT: BOUAS, BOYDSTUN, HELLYER, HENNINGER MESSE, PERAZA COMMISSIONERS ABSENT: FELDHAUS PROCEDURE TO EXPEDITE PLANNING COMMISSION PUBLTC HEARINGS ro onents 1• Thep p in applications which are not contested will have five minutes to present their evidence. granted upon request if, in the opinion ofdthelCoal time will be additional time will produce evidence important to the1Commission's consideration. 2• In contested applications, the given ten minutes to pr°Ponenta and opponent will each be 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 ~.ime a participant speaks, but rather by what he says. I 3• Staff Reports are part of the evidence deemed received b Commission in each hearing. Copies are available to they the prior to the meeting. public 4• The Commission will withhold questions until the public hearing is closed. 5• The Commissio n reserves the right to deviate from the foregoing if, in its opinion, the ends of fairness to all concerned will be served. 6• All do currents are presented to the Planning Commission for review in connection with any hearing, includin acceptable visual representations of nonhdocumentaror other be retained by the Commission for the Y evidence, shall ~I available for public record and shall be public inspections r ~• At the end of the scheduled hearin s ~ g members of the public will be ~ allowed to speak on items of interest which are within the jurisdiction of the Planning Commission ~ speaker will be allotted a ~ and or agenda items. Each maximum o° five (5) minutes to speak. 1063MS i 1Of22/90 Page 1 i r4 .. ..... I :: .~ ;~~. la. ENVIRONMENTAL IMPACT REPORT NO. 273 (PREVIOUSLY CERTIFIED) lb. AMENDMENT NO. 1 to THE HIGHLANDS at ANAHEIM HILLS SPECIFIC PLAN NO. 87-1 OWNER: PRESLEY OF SOUTHERN CALIFORNIA, 19 Corporate Plaza, Newport Beach, CA 92660 LOCATION: Subject •property cona;sts of annroX 8 0 acres oenerali bounded by The Highlands Development Areas ~ a,,,a ~ north Serrano A_yenue on tho .~L ~~1 one Develo ment Area 8 of The Hi~hlanda11atjAnaheimdHillab Specific Plan SP87 11 Petitioner requests an amendment to Ordinance No. 4860 pertaining to The Highlands at Anaheim Hills Specific Plan (SP87-1 Code Section 18.70.030.) to revise the methods and procedures to allow for the processing of a parcel map prior to site plan approval and amending Ordinance No. 4861 Condition Nos. 3 and 5 to require submission of precise plans prior to site plan approval. Subject property consists of approximately 8.0 acres generally bounded by The Highlands Development Areas 6 and 7 on the north and the extension of Serrano Avenue to the south and further described as Development Area 8 of The Highlands at Anaheim Hills Specific Plan (SP87-1). Continued from the September 24, Oct. 8, 1990 Planning Commission meetings. RESOLUTION NO. pC g~0-2_47 FOLLOWING IS A SU ------------------------ MMARY OF THE PLANNING COMMISSION ACTION. NOT TU BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER'S COMMENTS: Presley is not a commercial developer. Site Plan would be created by purchaser of the property. COMMISSION COMMENTS; Clarified parcelization is needed to sell to commercial developer. Suggested limiting approval so no further subdivision could occur. ACTION: Approved Subject to condition that no commercial parcel less than 8 acres map be approved without accompanying site plan review and approval; and an additional condition regarding recordation of uneubordinated covenant. VOTE: (6-0) (Commissioner Feldhaus absent) 10/22/90 Page 2 Approved Approved rte. 2a. CEOA NEGATIVE DECLARATION 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT 3315 OWNER: First Church of the Nazarene, Anaheim, ATTN: Reverend Jarrel Garsee, 1310 N. Candlewood St., Anaheim, CA 92805 LOCATION: 1322 1326 Norwood St. and 1323 anal 1327 Candlewood St. and 1340 N. Candlewood St. Property ie approximately 3.68 acres located at the northerly terminus of Norwood and Candlewood Streets and located approximately 390 feet north of the centerline of Kenwood Ave. To permit temporary modular structures and the expansion of an existing church and child day care center with waivers of minimum number of parking spaces and minimum setback for institutional uses. Continued from the July 30, 1990, and October 8, 1590, Planning Commission meetings. CONDITIONAL USE PERMIT RESOLUTION NO. ------ 3a. CEOA NEGATIVE DECLARATION 3b. WAIVER OF CODE REQUIREMENT 3c. CONDITIONAi. USE PERMIT N0. 3345 OWNER: PECKHAM FAMILY TRUST, ATTN: WILLIAM HOCKENBERRY, 180 E. Main St., Ste. 170, Tustin, CA 9.2680 AGENT: WILLIAM HOCKENBERRY, 180 E. Main St., SL.e. 170, Tustin, CA 92680 LOCATION: 700 E. Katella Ave. Property is approximately 2.15 acres approximately 184 feet on the south side of Katella Avenue and approximately 420 feet west of the centerline of Lewis Street. To permit a truck leasing and repair facility, with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION N0. 10/22/90 Page 3 Continued to 11-5-90 Continued to 11-5-90. ~ L ...~-~ ~-~ -, 4a. CEOA NEGATIVE DECLARATION 4b. CONDITIONAL USE PERMIT NO. 3347 OWNER: JOHN KOCYLA, P.O. BOX 9832, Anaheim, CA 92812 AGENT: SURE SHOT INC., Attn: MARK KROMKA, 511 S. Brookhurst St., Anaheim, CA 92804 LOCATION: 511 South Brookhurst Street. Property ie approximately 1,9 acres located on the west side of Brookhurst Street and approximately 260 feet north of the centerline of Orange Ave. To permit on-sale of alcoholic beverage in an existing restaurant including a separate bar with dancing. CONDITIONAL USE PERMIT RESOLUTION NO. PC 90-248 ------------------------------------------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER'S COMMENTS: Explained would sell beer and wine only. Other businesses in same area sell alcohol acid that does cause problems. Requested 6 mos. to comply with Condition No. 1, and Fire Department teas agreed; and explained all conditions will be complied with, that No. 13 relates to a compressor area, marked as a storage area, but it will be upgraded to shield residents 139 feet away because compressors run off and on all night. Relocating previous business from 1732 S. Euclid, and there are 7 licenses on that corner and that area had problems when he went in, but he has cleaned it up; that he polices hie own problems; that he has gotten a license to run the restaurant and perform dinner dances at this location and has spent $60,000 to improve the property; that he always has consideration for the residents in the neighborhood. Restaurant would serve Italian and continental cuisine. Stated that he or hie wife would be on the premises all the time. Indicated he had talked to affected neighbors. Would have security persons at the doors and patrolling in the parking lot. Seating for 80 to 92 persons. COMMISSION COMMENTS: a. Questioned game room (Applicant responded there will be two pool tables and two pinball machines and is only open to paying customers and not people off the street); b. Asked if Police Department had any reports of problems at the applicant's former location (Police Department response that his business on South Euclid was not a problem, and neither was the applicant); Approved Granted for 2 years 10/22/90 Page 4 -~ ~, c. Asked about door in the rear (Applicant responded the door facing the residences would remain closed, and would have a fire slam bar to be opened zn emergencies; that the other door faces outside and kitchen area and did not think sound would be a problem); d. Questioned proposed 24-hour a day operation. (Applicant explained that pertains to restaurant only on Thursday, Friday, Saturday and Sunday and they would close at 2 a.m. Monday, Tuesday and Wednesday. Music and dancing stops at 2 a.m. No restaurants in that area open 24 hours and residents have requested it.) e. Concerned about landscaping and removal of existing astro-turf. (Applicant agreed to put in trees and shrubs.) f. Hellyer felt applicant would run operation in a responsible manner, but was concerned about the intensification of this type use in that area. (Applicant did not agree with reported 34 ABC licenses a.n same vicinity and indicated there are approximately 11, and only 6 in city limits or IS on that street) g. Bouas & Messe - a conditional use permit could be revoked at any time if there are problems, and the Ritz was recently allowed to expand and the Police Department did not object at that time h. Messe - would like a time limit if approved, suggested 2 years i. Bouas - Questioned Police report of over 2000 calls from this area and why that information was not provided when the Ritz requested expansion recently. (PD responded the survey was conducted included calls in the immediate area; and did not know why information was not provided for Ritz as well. Number of calls above average for Police attention; experience shows ABC Locations require above average Folice attention.) STAFF COMMENTS: Code Enforcement and Fire Department indicated concern because of the number of existing businesses in the area which already sell alcoholic beverages and provide entertainment and felt this would be oversaturation in an area which already has problems. Not individual protest, but because of the location and another similar use would not benefit the community. Police Department was concerned about the responsibility on the owner of separating the areas of business. Felt use would be detrimental to the peace, health, safety and welfare of the citizens; ACTION: Granted for 2 years Subject to stipulations of applicant to: Police and supervise parking lot area, Shield compressor area in rear so that noise would not be a problem, Close at 2 a.m. for the first six months, and then if applicant wishes; can request 24 hour operation. Provide landscaping and remove existing astro-turf. Game room limited to 2 pool tables & 2 pinball machines VOTE: (4-2) (Commissioners Hellyer and Henninger voting no) (Commissioner Feldhaus absent) Commission requested report from the Police Department of Police activities in this vicinity from other establi.shmenta to determine if certain conditional use permits should be reviewed and set for public hearings to consider revocation or modification. 10/22/90 Page 5 ~\ 5a. CEOA NEGATIVE DECLARATION 5b. WATVER OF CODE REQUIREMENT Sc. CONDITIONAL USE PERMIT NO. 3349 OWNER: WESTERN MEDICAL CENTER ANAHEIM, Attn: Mark King, 1025 S. Anaheim Blvd., Anaheim, CA 92805 LOCATION: 1025 SOUTH ANAHEIM BOULEVARD. Property is approximately 4.45 acres located on the west side of Anaheim Boulevard and approximately 340 feet north of the centerline of Ball Road. To permit a 16,500 square foot birthing center addition to an existing hospital (Western Medical Center) with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER'S COMMENTS: Concerned about proposed conditions relating to fees and felt since this is non-profit operation, should not be imposed. Felt conditions relating to traffic should be deleted because use will not significantly increase traffic. Indicated this ie not a profit making business and will be supported by funds being raised by the community. Some conditions were not discussed at the IDC meeting. COM:ISSION COMMENTS: Concerned about entry on Lemon for ambulances. (Applicant responded they have sent letters to the ambulance companies and will take the sign down on Lemon.) Critical intersections have been previously determined and need to be improved. .All businesses coming into City are asset to the City and fees are required and this use is not being discriminated against; serious traffic problems which need to be resolved. STAFF COMMENTS: Traffic Engineering - Did review applicant's traffic study and fees and calculations are based on that repcrt. ACTION: Continued to 11-5-90 In order for applicant to review proposed condit~:ons with staff. 10/22/90 Page 6 Continued to 11-5-90 .~ .~,, ., ;J 6a. CEOA NEGATIVE DECLARATION Approved 6b. WAIVER OF CODE REQUIREMENT Granted 6c. CONDITIONAL USE PERMIT NO. 3350 Granted OWNEP.: ANAHEIM. BUSINESS CENTER, P.O. Box 17899, Irvine, CA 92713 LOCATION: 300 WEST CERRITOS AVE. Property is approximately 12.3 acres located at the terminus of Cerritos Avanue approximately 1088 feet west of the centerline of Anaheim Boulevard. To permit a birthing center (UCZ Medical Center) with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC 90-249 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER'S COMMENTS: Off site birthing center to relieve UCZ Medical Center of low risk births, will include 10 birthing suites and 2,500 sq. ft. of clinic area. Agreed to comply with proposed conditions. COMMISSION COMMENTS: Questioned signage - clarified will be the same as previously for General Medical Center. ACTION: Granted VOTE: (6-0) (Commissioner Feldhaus absent) 10/22/90 Page 7 __ `i 7a. CATEGORICAL EXEMPT CLASS 3 7b. VARIANCE NO. 4089 OWNER: DANIEL and DARLENE HOLDEN, 650 N. Lancer Dr., Anaheim, CA 92801 AGENT: JERALD WEINER, AIA, 501 N. Placentia Ave., Fullerton, CA 92631 LOCATION: 650 N. Lancer Drive. Property is approximately 0.22 acre located at the northeast corner of Lancer Drive and Jansen Way. Waivers of required aide yard setback and required rear yard setback to construct a 450 square f mot addition to an existing two-story single-family residence. VARIANCE RESOLUTION N0. PC 90-250 -------------------------------- ---------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO SE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER'S COMMENTS: Requested waiver due to extreme depth of property - will replace existing covered patio structure with dining room, 21 foot setback instead of 25 feet. ACTION: Granted (On basis of reverse corner lot) VOTE: (6-0) (Commissioner Feldhaus absent) .~ Granted 10/22/90 Page 8 _ .~. 8a. CEOA NEGATIVE DECLARATION 8b. ~7ARIANCE NO.. 4091 OWNER: RZC~C FLYERS and KATHY BYERS, 4590 MacArthur Blvd., #`550, Newport Beach, CA 92660 LOCATION: 2'831 West Ball Road. Property is approximately 0.48 acres located on the north side of Ball Road and approximately 410 feet west of the centerline of Dale Ave. Waivers of minimum number of parking sgaces, minimum floor area per dwelling unit and minimum distance between building walla to retain an illegal dwelling unit within existing 12-unit apartment complex. Variance :Resolution No. PC 90-251 ------------------------------------------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER'S COMSENTS: Purchased ae 13-unit apartment complex on May 10 this year, and found out on June 16 that the bachelor unit which had been there for 13 years, did not have permits. Request is to obtain a permit and felt eliminating unit decreases property value; that a retired lady lives in the unit and pays $495 per month and she is on assisted housing and has no place to relocate; parking is adequate because some tenants do not have a car and there has not been a parking problem in 12 years. Moat tenants have been there 8 or 9 years, rents are $550. COMMISSION COMMENTS: Bouas - Felt since there is no parking problem and 13 unite were there when he purchased the property, that it should be approved as long as no storage is allowed in the garages and they are used for parking; suggested applicant agree to remove the unit when current tenant is longer residing there (Applicant indicated he would want to get approval of the unit then). Hellyer - felt approval would send message to the rest of the city that they can add a bootleg unit and get it approved later; unfortunate the applicant purchased it this way, but could not approve it. Meese - only justification is one of economics; STAFF COMMENTS: Suggested time limit if approved ACTION: Negative Declaration approved Resolution for approval, with a 2-yr. time limit, failed to carry. Basis - unit existing, provides low cost housing and parking is not a problem. (2-4) (Commissioners Hellyer, Her„linger, Masse & Peraza voted no) V1IRIANCE Denied Basis - No hardship for granting waivers. VOTE: (4-2) (Commissioners Bouas & Boydstun voted no) Approved Denied 10/22/90 Page 9 --~, ^-, 9a. CEO7l NEGATIVE DECLARATION 9b. VARIANCE NO. 4093 OR'NER: RICHARD LEWIS, 855 S. Claudina Street, Anaheim, CA 92805 AGENT: SAM H. ISAK, 1240 N. Van Buren, #113, Anaheim, CA 92807 LOCATION: 855 South Claudina Street. Property's approximately 0.16 acre .located at the southwest corner of Valencia Street and Claudina Street. Waivers of ~~inimum building site area per dwelling unit, minimum structural setback, minimum required yard, minimum number of parking spaces, required vehicle access and permitted encroachment into required yards to construct a 2-unit apartment building in conjunction with an existing single-family residence. VARIANCE RESOLUTION N0. ------------ FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED Orr^FICIAL MINUTES. OPPOSITION: 1 interested peraor. present (not opposed to project, per se) OPPOSITION CONCERNS: Concerned about parking which is chronic problem in neighborhood, parking in the alley ie problem, and suggested existing garage be removed and tandem parking provided which might ~'so alleviate people living garages situation which is also a problem in the area. PETITIONER'S COMMENTS: Waivers a, b, and c are existing; adding another unit, need waiver because property is 60 sq. ft. too small; could redesign the garage to accommodate tandem parking; hardship is setbacks on two streets (about 33~ of the property); could redesign and eliminate two balconies encroaching on Valencia; waiver d could not be eliminated, but that waiver a could. COMMISSION COMMENTS: Henninger - Not comfortable with the waivers being requested; that Zoning Code does not guarantee number of unite; understood existing waivers, but wanted to see redesigned plans to eliminate other two waivers; justification by applicant indicated lots in the same area have gotten same density, but that is not true because there are different situations and older structures were removed, etc.; that current design is too dense, but there may be a design that he would feel differently about' Bouas - Suggested eliminating one unit. Hellyer - Agreed Commission should see redesigned plans, and added he would want to Pee the existing garage eliminated but that he thought three unite is too many. STAFF COMMENTS: Suggested 4-week continuance due tb anticipated long agenda in two weeks. ACTION: Continued to 11-19-90 10/22/90 Page 10 '.Continued 'to 11-19-90 ~~. . ~ ~~' 10a. CEOA NEGATIVE DECLARATION (Previously Approved) lOb. RECLASSIFICATION NO. 88-89-40 OWNER: E1 VEE INC., 200 W. Midway Arive, Anaheim, CA 92805 AGENT: TOM KIEVET, ].00 S. Anaheim Blvd., Ste. 340, Anaheim, CA 92805 LOCATION: 200 West Midway Drive. Property is approximately 6.65 acres located on the south side of Midway Drive and west side of Zeyn Street and approximately 400 feet west of the centerline of Anaheim Blvd. P,n amendment to the conditions of approval pertaining to the - abandonment of Clementine Street. RESOLUTION NO. PC 90-252 ------------------------------------------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER'S COMMENTS: Requested elimination of condition pertaining to the abandonment of portion of Midway Drive , appraised value makes it very expensive. Indicated staff did not object. ACTION: Approved deletion of Condition No. 1. VOTE: (6-O) (Commissioner Feldhaus absent) Approved Approved 10/22/90 Page 11 '--~ ,~ 11. REPORTS P.ND RECOMMENDATIONS A. VARIANCE NO. 3865 AND TENTATIVE TRACT MAP NO. 13705 - REOUEST FOR EXTENSION OF TIME• William Lin, requests extension of time to comply wit`s. conditions of approval for property located at 1949 Ni th Street. B-1. RECLASSIFICATION NO. 87-88-26 AND CONDITIONAL USE PERMIT NO 3165 - REQUEST FOR TIME EXTENSION - Dwight Beldaii (BR Properties Limited Partnership) requests extension of time to comply with conditions of approval for property located at 2430 E. Katella Ave. b-2. VARIANCE NO. 3882 - REQUEST FOR EXTENSION OF TIME - Dwight Beldan (BR Properties Limited Partnership) requests extension of time to comply with conditions of approval for groperty located at 8275 E. Santa Ana Cyn. Rd. C. CONDITIONAL USE PERMIT NO. 3228 - REQUEST FOR EXTENSION OF TIME - Richard L. Cramer (REMARC Management, Inc.) requests extension of time to comply with conditions of approval for property located at the northeast corner of Weir Canyon Road and Canyon Vista Drive. D. CONDITIONAL USE PERMIT NO. 2132 - REQUEST FOR TERMINATION Don Mussche requests for termination for property located at 2816 Miraloma. RESOLUTION N0. PC 90-253. E. TO INITIATE RECLASSIFICATION PROCEEDINGS FOR THE PROPERTY LOC1,:"ED AT 1242 West Lincoln Ave F. PROPOSED CODE AMENDMENT PERTAINING TO CELLULAR TELEPHONE FACILITIES G. ORANGE COUNTY FLOOD_CONTROL DISTRICT - REQUEST TO DETERMINE CONFORMANCE WITH THE GENERAL PLAN - Santa Ana_River Mainstem Project Approved to 11-7-91. Approved to 6-6-91. (Approved to 12-19-91. (Subj to con. redesign of parking sp.) Approved to 12-18-91. Approved Termination Approved Recommended Council adopt Approved 10/22/90 Page 17. st ~Ol ;~ :, r 4 DISCUSSION: A. Work Session scheduled for 10-29-90 cancelled. ~' B. Next work session scheduled for 12-10-90 C. Requested following matters be placed on the work session agenda list: 1. Report from Police Department of ABC establishments on Brookhuret where this is an obvious problem; consider public hearings to revoke conditional use permits of establishments causing problems. 2. Industrial area uses study of permitted uses by CUP; (some should be eliminated and others added) Study to parallel one being done by Redevelopment. (Hellyer suggested consultant such as Al Goldbar for input. 3. Code Enforcement to enforce use of garages for parking and not storage. D. Quorum not expected at December 31st Planning Commission meeting. ITEMS OF PUBLIC INTEREST: None ADJOU` RNMENT_ 4:10 p.m. 10/22/90 Page 13 _. .~