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Minutes-PC 1992/03/09 ACTION AGENDA MEETING OF THE ANAHEIM CITY PLANNING COMMISSION HEARING MONDAY, MARCH 9, 1992 AT 10:00 A.M. REGULAR PRELIMINARY PLAP1 REVIEW PUBLIC HEARING (PUBLIC TESTIMONY) 10:00 A.M. 1:30 P.M. COMMISSIOT;ERS PRESENT: BOUAS, BRISTOL, HELLYER, HENNINGER, HENNINGER, MESSE PERAZA PROCEDURE TO EXPEDITE PLANNING COMMISSION PUBLIC HEARINGS 1. The proponents in applications which are not contested will have five minutes to present their evidence. Addit±onal time will be ~iranted upon request if, in the opinion of the Commission, such additional time will produce evidence important to the Commission's coneideraticn. 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 cor.siderationa 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 to 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, including 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. `"'~ CA1190PK 3/09/92 Page 1 la. CE;7A NEu^ATIVE DECZARATION Continued lb. WAIVER OF Q7DE RECXIIRII'43V'P to 3/23/92 Ic. Gt~NDITIONAL USE PERMIT NO. 3465 CWNER: TIMOTHY J. AND CATHLEEN A. O'NEILL, 3100 E. Birch, Brea, CA 92621 IfxAPION: 1420 N. Lertnn Strnet. Property is approximately 1.13 acre located at the northeast corner of Lemon Street and the Riverside (91) Freeway. To permit an automobile repair center with waiver of minimum structural setback. Continued from the October 21, December 16, 1991, January 27 and February 10, 1992 Planning Commission meetings. CONDITIONAL USE PERMIT RESOLUTION N0. ~ / ~ ~-+_ FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. ACTION: Continued to March 23, 1992 to allow Traffic Engineering and ~. PC to review the traffic report. .J 3/09/92 2a. CDJA NEC,ATIVE DECLARATION (READVERTISED) 2b. REY.ZASSZFICATION NO. 91-92-12 (READVERTISED) 2c. WAIVER OF ODE RECXIIRF7~~'N'1' 2d. O~NDITIONAL USE PERMIT N0. 3489 (READVERTISED) CWNER: Attn: Mrs. Winds (WEN-NZNG) KU0,1-HSIUNG KUO AND SHU-CHIH LIAO/KUO FAMILY TRUST, 25683 Nellie Gail, Laguna Hills, CA 92653 AGETVT: Attn: Yvonne Yao, JARARETT AND SUHARNOKOK, 5514 Wilshire Blvd., #900 Loa Angeles, CA 90036 I,C~ATION: 1556 West Xatella A47enue. Property is approximately 0.83 acres located on the south aide of Katella Avenue and approximately 650 feet west of the centerline of Ninth Street. Reclassify from RS-A-43,000 to CL Zone. To permit a commercial retail center with waiver of maximum fence height. Continued from the February 10, 1992 Planning Commission meeting. RECLASSIFICATION RESOLUTION N0. PC92-26 CONDITIONAL USE PERMIT RESOLUTION NO. PC92-27 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: 2 interested persons were present; not opposed but had concerns regarding the height of the wall and trimming of trees. ACTION: CEQA Negative Declaration - Approved Reclassification No. 91-92-12 - Granted Waiver of Code Requirement - Approved Conditional Use Permit No. 3489 - Granted Subject to following conditions: 1. Fence height to be 9 feet; to be erected prior to demolition. 2. Adjacent property owners requested that Eucalyptus gees and avocado trees be trimmed. Petitioner agreed. VOTE: 7-0 Approved Granted Approved Granted (.. i~~~ 3/09/92 Pzge 3 ~ i 3M. ~'~A NFK,ATIVE DECLARATION Approved 3b. ra~VERAL PLAN AM1~VDl~Pl NO 326 Granted City Initiated by the City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805 An amendment to the City of Anaheim General Plan incorporating the proposed Growth Management Element. This Element represents the City's most current expression of Growth Management policies and is the key resource document for growth management concerns. The Element lists the current and future statue, goals and policies for the following services/facilities: land use, police, fire, library, water, electrical, circulation, air quality, parks and open apace, sanitary sewer, storm drain, flood control, schools ae well as an implementation program. GENERAL PLAN AMENDMENT RESOLUTION NO. PC92-28 (~/~~ --------------------------------------------------------------------- FOLLOWING IS A SUMMARY OF THF. PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. Note: Correspondence was received from the Anaheim City School District by Superintendent Mel Lopez. Correspondence was also received from Foothill Community Builders in response to the Growth Management Element. OPPOSITION• 42 OPPOSITIOII CONCERNS: Dr. Lopez, school district, wanted Commission to have developers to negotiate with them first and fully mitigate school impacts before going before Planning Commission. other input - need to maintain and improve the quality of life in Anaheim; children need to come first. PETITIONER'S COMMENTS: City initiated. COMMISSION COMMENTS: Did not think it was fair for developers to have to go through School District first; school district could deter any new growth in an effort to keep student enrollments down; the Commission has many areas of concern throughout the City and not just those of the school district. STAFF COMMENTS: Selma Mann, Deputy City Attorney, would be opposed to requiring new development to bear the brunt for the impacts of not just the new development, but other sources of new students in the various districts (there are up to 10 districts); this type of policy statement in the General Plan would then place every developer at the mercy of whatever multiple school district could arguably find where '-~ there might be some kind of connection or nexus where there might be some impact on that particular school district. 3/09/92 Page 4 With regard to tentative maps, it would be illegal and completely against the requirements of the Subdivision Map Act or the School ~-_ Facilities Act, that prohibit the Planning Commission from denying a development on this basis; it has been their analysis that by adopting this language, the only thing the City would accomplish is a loss of flexibility in being able to make decisions that impact needs other than a school district; despite the statement that it is not a request that the City forfeit control over Planning, that is precisely what the ultimate affect would be; there are conflicting demands upon cities; the City Attorney's Office recommends against adopting the aY~ve mentioned policy because it would provide an avenue for additional litigation; it would not be clear; it would open an opportunity for a CEQA litigation on any project that would nut meet a particular school district's definition or opinion on what would be adequate, permanent school facilities and it would open the City to litigation with regard to internal consistency within the General Plan everytime any sort of decision would be made that potentially impacted school facilities; would not be a proposal that their office would support. Mary McCloskey, Deputy Planning Director, stated they did review the letter received from the Foothill Community Builders and spoke to them prior to the meeting about the comments raised. She stated it is their opinion that with the exception of a few areas, that the language in the document is appropriate as presently set forth. S'.•. referenced item no. 3 and stated they will clarify that when informational changes or updates are necessary; that it will be done through the annual monitoring and that will not require a GPA. She referenced item no. 8, relative to Development Agreements. She stated they will ensure that the language in the document indicates that it applies and exempts any projects where a Development Agreement has been approved. She referenced item no. 7 relative to Circulation, and stated John Lower, the City Traffic and Transportation Manager, is agreeable to deleting the figures in the tables under 7A; and under 7B, he is also agreeable that, that figure can be deleted; under paragraph 7C, he also agrees with that change on page 44, 3rd paragraph. She explained he wanted to say "that an annual monitoring report detailed later in this section will be prepared for all deficient and near deficient locations. She explained he wanted the word "location" rather than the last word "arterials." She explained that is so that `.he intersections can also be addressed. ~ 3/09/92 Page 5 Commissioner Henninger asked about paragraphs 4 and 5 Me. McCloskey stated relative to the Air Quality Element language, they did believe there should be an Air Quality section in the Growth Management Element because there is an overlap of the Air Quality Management Plan that does relate to the nexus between air quality and growth management; the Public Works Department is in the process of preparing, either the element or a plan that will either be a separate document or it will be incorporated by reference into the growth management plan upon its consideration or adoption by the City. Commissioner Henninger asked if it was clear in that section that they were not entirely committed to an air quality element, i.e., that they are going to provide an element or other implementation as may be appropriate? Ms. McCloskey stated she believed that the language is flexible in the document, however, they will review the document to make sure that is clear. She explained it can be an element or a plan and the City will make sure that the standards and the requirements of that plan are incorporated into the City documents in the best possible location. She referenced item no. 5 and stated they are using established standards in the element and the standards that were approved in the East Anaheim or Hill and Canyon Area were tailored to the projects in _ that area and those projects are all covered with Development Agreements. She further stated in the case of the standards that they were using, those are their existing standards that have been included into the document. Commissioner Henninger asked if they could make some mention of the fact that there have been negotiated special standards where appropriate for some of the master planned communities and asked if *.hey could add language to reference that and Ms. McCloskey indicated they could do that. Debbie Fank, Planning, added language to the negative declaration as noted below. ACTION: CEOA Negative Declaration - Approved That the following language is to be added to the neg. dec.: "that the declaration reflects the independent judgment of the lead agency." General Plan Amendment No. 326 - Granted Subject to the following changes: VOTE: 6-0 (Commissioner Peraza declared a conflict of interest) 3/09/92 Page 6 4d. CEI7A NFX,ATIVE DECLARATION Continued 4b. RECLASSIFICATION NO. 91-92-i3 to 3/23/92 4c. WAIVER OF LDDE RECXIIREMEN'l 4d. GUNDITIONAL USE PERMIT NO. 3494 4e. TENTATIVE TRACT MAP NO. 14611 PPi~j~, CWNE.RS: NEWPORT PACIFIC REALTY & INVESTMENT, 4400 MacArthur Bl.vd., Ste. 900, Newport Beac2., CA 92660 AC3FdVT: NEWPORT PACIFIC DEVELOPMENT CORP., 4400 MacArthur Blvd., Ste. 900, Newport Beach, CA 92660 LOCATION: 2861-2863 West Linmin Avenue ~1e1 Air Manor). Property is approximately 1.8 acres located on the north Bide of Lincoln Avenue and approximately 300 feet east of the centerline of Bel Air Street. Reclassify from RM-1200 to RM-2400 Zone. To permit the conversion of an existing 65-unit "deck-type" apartment complex to a 65-unit "affordable" "deck-type" condominium complex with waiver of minimum building site area per dwelling unit and required elevators. To establish a 1-lot, 65-unit, RM-2400, air-apace, condominium subdivision. Property is approximately 1.8 acres located on the north side of Lincoln Avenue and approximately 300 feet east of the centerline of Bel Air Street. RECLASSIFICATION RESOLUTION N0. - CONDITIONAL USE PERMIT RESOLUTION N0. -- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. ACTION: Continued to March 23, 1992 in order to readvertiee subject petition. 1``-~ 3/09/Q2 Page ~ Sa. GZbA NEGATIVE DECLARATION Approved - 5b. GIIVERAI, PL.'dN Ah1ETIDNIEN'P NO. 327 Denied 5C. RECLASSIFICATION NO. 91-92-15 Cont'd/5-4-92 5d. VARIANCE IVO. 4175 Denied OWNER: MARGARET L. PETER, 610 S. Sunk!.st St., Anaheim, CA 92806 AGENT: HCD CORP., F.O. BOX 5410, Fullerton, CA 92635 LOCATION: 610 South Stulkist Street. Property is approximately 1.08 acres located on the east aide of Sunkist Street and approximately 400 feet north of the centerline of South Street. Amendment to the Land Use Element of the General Plan redeaignating the subject property from the existing Low-Density Residential to the Low-Medium Density Residential designation. Reclassify from RS-A-43,000 to RM-3000 Zone. Waiver of maximum structural height, maximum fence height and required setback adjacent to single-family residential zone to construct a 10-unit condominium complex. ~, ~. GENERAL PLAN AMENDMENT RESOLUTION N0. PC92-29 0 RECLASSIFICATION RESOLUTION N0. -- VARIANCE RESOLUTION N0. PC92-30 / ~,N;~J --------------------------------------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPGSITION: 19 (1 in favor of rezone) OPPOSITION CONCERNS: Density too high; this is a single-family residential area and they want it to remain that way; impacts on schools and traffic issues were raised. COMMISSION COMMENTS: All for condos, however, this area is surrounded by RS-7200; this ie spot zoning. `.,/ 3/09/92 Page 8 ACTION: CEQA Negative Declaration - Approved General Plan Amendment No. 327 - Denied (Proposed condominium density is not compatible with the existing surrounding General Plan Low-Density Residential RS-7200 Zone designations). Reclassification No. 91-92-15 - Continued to 5/4/92 (Applicant to bring back site plans for single-family) Variance No. 4175 - Denied (No discernible hardships) VOTE• 7-0 1/ 3/09/92 Page 9 6a. CEbA NEGATIVE DECLARATION 6b. Gt~NDITIONAL USE PERMIT NO. 3496 OWNER: EVERETT H. MILLER AND ELMA M. MILLER, 270 Roycroft Avenue, Long Beach, CA 90803 AGENT: RANI EL HAI, 944 S. Brookhurst Street, Anaheim, CA 92804 LOCATION: 944 South Bznokhurst Street. Property is approximately 0.35 acres located on the east aide of Brookhurat Street and approximately 200 feet north of the centerline of Ball Road. To retain and expand a convenience market. CONDITIONAL USE PERMIT RESOLUTION N0. PC92-31 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICT.AL MINUTES. OPPOSITION: None ACTION: CEQA Negative Declaration - Approved Add language "that the declaration reflects the independent judgment of the lead agency." Conditional Uae Permit No. 3496 Add condition that hours be from B:OOa.m. to 11:OOp.m. VOTE: 7-0 Approved Granted ~~~~ 3/09/92 Page 10 i I i 7a. CEtOR NEGATIVE DECLARATION Approved -.. 7b. WAZVER Ob' Ot~DE REG~[TIREMFT]T Approved 7C. C1~NDI'1'IONAL USE PERMIT NO. 3501 Granted OWNERS: REDONDO INVESTMENT COMPANY, P.O. Box 14478, Long Beach, CA 90803 AGENT: HARRY S. WEINROTH/HSW Associates, P.O. Box 1566, San Juan Capistrano, CA 92693 LOCATION: 6330-6396 Santa Ana Canyon ROad (Anaheim Hills Shpp~].ix~illa4e. Property ie approximately 6.6 acres located at the southwest corner of Santa Ana Canyon Road and Fairmont Boulevard. To permit a semi-enclosed restaurant within an existing commercial retail center with waiver of minimum number of parking spaces. / CONDITIONAL USE PERMIT RESOLUTION NO. PC92-32 ~ --------------------------------------------------------------------- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None ACTION: CEQA Negative Declaration - Approved Waiver of Code Requirement - Approved Conditional Use Permit No. 3501 - Granted 1. Add condition that hours be from 7:OOa.m. to 10:00p.m. VOTE: 7-0 3/09/92 Page it 8d. CEnA NEGATIVE DECLARATION Approved ~~ 8b. WAIVER OF Q7DE RECXlIRD~F!' Approved 8C. QxVDITIONAL USE PERMIT N0. 3497 Granted ~ OWNER: HANOVER REAL ESTATE ASSOCIATES, 1350 E. ICatella Avenue, Anaheim, CA 92805 AGFTVI': JAMES G. PILCHER, 5045 Marahburn Circle, Yorba Linda, CA 92686; ANTHONY HERNANDEZ AND LELAND BERGSTROM, 1313 P Street, #205, Fresno, CA 93721 LCxAT20N: 1305 Gene Autry Wdy Property is approximately 4.8 I acres located r,n the north side of Gene Autry Way I (formerly Paci.fico Ave.) and approximately 1150 feet west of the centerline of State College Boulevard. ` 1 To permit a non-industrial training center for hotel/apartment management with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT N0. PC92-33 /~ V/,-~~~ --°--°°------------------------------------------------------°--- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE ~I j CONSIDERED OFFICIAL MINUTES. OPPOSITION: None .. ' PETITIONER'S COMMENTS: Potential for evening classes; 6:OOp.m. to 10:00p.m., Monday through Thursday. i STAFF COMMENTS: Jonathan Borrego - Should condition no. of students and hours. ACTION: CEQA Negative Declaration - Approved Waiver of Code Requirement - Approved Conditional Uae Permit No. 3497 - Granted Add the following conditions: 1. Hours to be B:OOa.m. to 4:OOp.m. Mon. - Thurs.; B:OOa.m. to S:OOp.m. Fridays; evening hours to be 6:OOp.m. to 10:00p.m (Mon. through Thurs.) 2. No more than 65 students at any one time. 3. Naximum 10 employees. VOTE• 7-0 ~ ~ ~ 3/09/92 Page 12 9d. CEbA NEGATIVE DECLARATION Approved i 9b. RECLASSIFIGITION NO. 91-92-14 Granted i ~NER: Dorothy Lillian Brunson, 1840 41st. Avenue, Ste., 102-204, Capitols, CA 95010 LLL^ATION: 2970 W. I,i.ncnln Avenue. Property is approximately 5.11 acres, located at the southeast corner of Lincoln Avenue and Beach Boulevard. A City-initiated reclassification from the CH to the CL (Commercial Limited) Zone. RECLASSIFICATION RESOLUTION NO. PC92-34 ~ -i FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None (1 interested person present) ACTION: CEQA Negative Declaration - Approved Reclassification No. 91-92-14 - Granted VOTE• 7-0 5 1 i i! I I~ i ,. 3/09/92 ~/ Page 13 10a. CFXJA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) i Continued ., lOb. CONDITIONAL USE PERMI'T' NO. 1564 (READVERTISED) to 4/6/92 ~ OWNER: JOHN HUISH, 33208 Paseo Cerveza "C", San Juan it Capistrano, CA 92675 AGENT: HUISH FAMILY FUN CENTER, INC., 33208 Paseo Cerveza "C", San Juan Capistrano, CA 92675 LOCATION: 1041 N Sheer Street (Anaheim Ideational Center Property is approximately 7.0 acres ' located on the southwest corner of Shepard Street and ~ Carpenter Avenue. To permit a 75-foot high bungee jumping tower and a kid's carnival in conjunction with a previously approved recreational ' facility. _ /~~~~ ~ CONDITIONAL USE PERMIT RESOLUTION N0. -- ---------------°---------------------------------°--------------_-- FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE i 1 CONSIDERED OFFICIAL MINUTES. OPPOSITION: 1 (Representative from Camelot) COMMISSION COMMENTS: Wanted Traffic Engineering Department to get involved and do a parking study on The Huish Family Fun Center and , Camelot in an order to resolve the parking concerns that were raised by Camelot. j t Commissioners not comfortable with Sungee Jumping; asked petitioner ( if he would consider withdrawing the request and petitioner agreed. ACTION: Continued to April 6, 1992. Applicant to submit addendum to i parking study in an effort to resolve parking issues between the Huish Family Fun Center and Camelot. i 3/09/92 Page 14 11. REPORTS AND RECg1~VDATIONS: r, ' A. PF30Ft1SID IXIAL SINGLE FAMILY (ASP) OVERLAP ORDINANCE: To Planning consider tine draft ordinance pertaining to the establishment Commission of an Overlay Zone which would permit the addition of a determined second detached dwelling unit, by conditional use permit, it was within a portion of Anaheim's Central City area. subject inappropriate area consists of approximately 96 acres generally bounded by to proceed Palma Avenue to the north, the Union Pacific Railroad with the right-of-way to the east, Cypress Street to the south and proposed Anaheim Boulevard to the west, excluding those properties ordinance. which front on Anaheim Boulevard and La Palma Avenue. Continued from the January 13, 1992 Planning Commission meeting. 12. DISCUSSION: None. ALITOURNf~,T]'l: The regularly scheduled Planning Commission meeting of March 9, 1992, adjourned to the Planning Commission meeting of March 23, 1992 at 9:15a.m. for a presentation from Community Development on Community Monumentation. 3/09/92 Page 15 `J