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Minutes-PC 1992/05/04 ACTION AGENDA MEETING OF THE ANAHEIM CITY PLANNING COMMISSION MONDAY, MAY 4, 1992 AT 10:00 A.M. REGULAR PRELIMINARY PLAN REVIEW PUBLIC HEARING (PUBLIC TESTIMONY) 10:00 A.M. 1:30 P.M. COMMISSIONERS PRESENT: BRISTOL, HENNINGER, MESSE, ZEMEL COMMISSIONERS ABSENT: BOUAS, HELLYER, 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. 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 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 aze 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. CO 1329JJ. WP/PCAC0504. WP 05/04/92 Page 1 i ~~la. CEOA MITIGATED NEGATIVE DECLARATION !Continued lb. CONDITIONAL USE PERMIT N0.3506 to 5/18/92 OWNER: VINEYARD CHRISTIAN FELLOWSHIP, 5340 E. La Palma Ave., Anaheim, CA AGENT: PHIL SCHWARTZE, 27132-B Paseo Espada, Ste. 1222, San Juan Capistrano, CA 92675 LOCATION: 53(10-5340 East La Palma Avenue. Property is approximately I~ 23 acres located on the south side of La Palma Avenue approximately 141 feet west of the centerline of Brasher i Street. To permit a school (K-12) in addition to a previously approved church. Continued from the March 23, Apri16, and Apri120, 1992 Planning Commission meetings. ~ ! Conditional use Permit Resolution No. FOLLOWING IS .A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. ; a ACTION: Continued to May 18, 1992. i I I i ~~ 05/04/92 Page 2 `- i f,~,2a. ~EOA NEGATIVE DECLARATION Lb. WAIVER OF CODE REOUTREMENT 2c.. C'ONDTTIONAL USE PERMIT NO. 3508 OWNER: MARGARET ARBALL ESTATE, ROBERT ARBALLO (Executor), 10292 Rhiems, Anaheim, CA 92804 AGENT: BLASH MOMENY, 27762 Pebble Beach, Mission Viejo, CA 92692 LOCATION: 2n3 N. Coffman Street. Property is approximately 0.27 acres located on the west side of Coffmae S'.rcet and approximately 430 feet north of the centerline of Center Street. To permit a 2-story, 5-unit, condominium complex with waiver of minimum building site area per dwelling unit and maximum structural height. Continued from the March 23, 1992, Planning Commission meeting CONDITIONAL USE PERMIT NO. PC92-57 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES OPPOSITION: 2 Concerned OPPOSITION'S CONCERNS: James Mallard, (last name not spelled for the record) 239 Evelyn Dr., Anaheim. He was one of the n•,embers of the group from Evelyn Dr. that attended the meeting with Momeny last Monday that he referred to it as a productive meeting; from what he observed, considering the size of the lot and the fact that it abutted against a single dwelling neighborhood, they felt it would be best for them and the people that will be occ;;pying the property to construct a 2-story high, 4-unit condominium giving those people more room and less density on Coffman Street. Rodney Bates, 231 Evelyn Drive., Anaheim. His back yard butts right up to his project; he agrees with Mr. Mallard, that they want to keep the density down. Approved Approved Granted 05/04/92 Page 3 ,PETITIONER'S COMMENTS: Blash Momeny, 2082 Business Center Dr., Irvine, CA 92715. He stated he has revised the project to go to a less no. of units and 2-stories instead of 3; he has contacted the neighborhood regarding what wou13 satisfy them regarding this project; had a very constructive meeting with Them; he is applying for 5-unit condos that are designed like townhomes. In summary, he stated he is going to 2-stories, 5-units and a 10-foot block wall instead of 6 feet and that is a lot towards what the neighborhood wanted. COMMISSION/STAFF COMMENTS: Alfred Yalda, Traffic Engineering, stated they have a~ncerns regarding the location of the driveway and would like to see it perpendi;ular to the street for the site distance visibility. Momeny -This could be corrected; they have more recreation area then what is required by Code; this could be one of the conditions. Messe -When they zoned this area, i.e., the west side of Coffman Street, they put a cap on the no. of units per acre at 15 per acre and that would take this down to 4 point something so they would have to change the resolution if they were to approve this project; woutc be good if applicant would have one as an affordable unit. Momeny -Worked hard on this and if Commission approves this project, he would agree to clo that. Laura Monical, Community Development, clarified what Mr. Momeny would be agreeing to. She explained one unit would be sold to a lower income family, i.e., a 2-bedroom unit would have a sales price of a maximum of $115,000 with an income maximum of about $35, 000 a year. She added it is not a very low income, but it is a lower income in the Anaheim standards. Bristol -The neighbors to the west talked about a 10-foot wall; they discussed the one wall to the north is 7 to 7-1, 2 feet; would like wall to the west to be matched instead of a 10-foot wall. Momeny - It is 8 feet. Henninger -Noticed applicant has a nice dense landscaped plan at the west property lir.:.; that the planting is proposed as 5-gallon plants and asked if the applicant would consider 15-gallon plants? Momeny -Indicated he would do that. 05/04/92 Page 4 „ACTION: CEQA Negative Declazation -Approved ~ Waiver of Code Requirement -Approved Conditional Use Permit No. 3508 -Approved 1. Driveway to be redesigned if required. 2. Match existing wall height to the north. 3. Instead of 5-gal plantings at the west property line, it should be 15-gal. plantings. 4. (Includes the following condition which was read into the record by Laura Monical, Community Development: 'That prior to approval of final tract map, the legal property owner shall enter into an unsubordinated recorded agreement with the City of Anaheim, pursuant to California Government Code Section 65915 to provide that one (1) of the proposed number of residential units shall be sold as lower income housing as defined in California Government Code Section 65915 and with appropriate resale controls as approved by the City of Anaheim for a period of not less than 30 years from the date of issuance of occupancy permits. A copy of the recorded covenant shall be submitted to the Zoning Division:' :- VOTE: 4-0 (Commissioners Bouas, Hellyer and Peraza absent) 05/oA/92 Page 5 !~~3a. ['EOA NEGATIVE DECLARATION 3b. RECLASSIFICATION NO 91-92-]5 (READVERTISEDI 3c. VARIANCE N0.4180 OWNER: MARGARET PETER, 610 S. Sunkist Street, Anaheim, CA 92806 AGENT: iiCD CORP., Post OfTice Box 5410, Fullerton, CA 92635 LOCATION: 610 South Sunkist Street. Property is approximately 1.07 acres on the East side of Sunkist Street and located approximately 400 feet north of the centerline of South Street. To reclassify from the RS-A-43,000 to RS-7200 Zone. Waiver of location and orientation of buildings, required site screening and minimum lot width to construct 4single-family residences. Continued from the March 9, 1992 Planning Conunission meeting. RECLASSIFICATION RESOLUTION NO. PC92-58 - VARIANCE RESOLUTIOI'd NO. PC92-59 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: 1 concerned 1 in favor OPPOSITION CONCERNS: Richard Vogel, 564 S. Sunkist, Anaheim; his property borders the north of this project; they are concerned about the wooden fence between the developed units; it does not specify anything on their boundaries and would like to see a 6-foot block wall at least from the beginning of the house continuing on through the back yard. PETITIONER'S COMMENTS: Craig Hoster (not spelled for the record) 122 N. Harbor Blvd., City of Fullerton. He stated this is a revision from a previous request of Mazch 9, 1942; they were directed by staff and the Planning Commiss~.~n to look at developing this as asingle-family detached project. approved ;ranted ranted 05/U4/92 Page 6 COMMISSION/STAFF COMMENTS: Henninger -Asked the applicant if he had any continents concerning the fence? Applicant -They have a 6-foot high wood fence planned between Mr. Vogel's property and the subject property; Code allows them to construct the structure 5 feet from the property line. Henninger -Asked if he was not willing to put in a block wall? Applicant -They have not allowed for a block wall. Alfred Yalda, Traffic Engineering, stated they have requested that the no. of driveways be limited to 3 for that site providing aturn-around area so they do not back up to the street. Applicant -This was discussed in the 1DC meeting and they do not have a problem with that. The two lots to the north end of the property will be combined as one driveway approach; the two lots in the middle will stay exactly the way they are and they will have aturn-around for the one lot directly to the south of the existing home; the property at the very south end will stay the way it is, however, there will be a turn around in the front of the property so the people can back '' their car in and head out onto Sunkist rather than to back out onto Sunkist. Greg Hastings, Zoning Division Manager, asked if it was the Planning Commission's intent to hold these properties to the development that they see on the plans, or would the Planning Commission allow the properties to be developed with RS-7200 using those standards? He explained that any future additions to these homes may cause confusion; they have a choice of approving these plans exactly the way they are or in substantial conformance or allowing future development to occur in the RS-7200 zone using RS-7200 standards or something totally different. Henninger -The existing plans are what they are approving; he did not think they could build homes without some variance because they generally have a requirement that you rear onto an arterial and this is an arterial and they have no other way to access. Hastings - In terms of the design of the homes, they may come up with a completely different floor plan; they provided the Commission with a plan of how they aze proposing to develop each one of the lots and unless they restrict it to this plan, they could develop according to RS-7200 standards in terms of height and setbacks. _~ os/oa/s2 Page 7 ~~^~Applicant - These floor plans are pretty much what they are planning on doing, however, he cannot say they will be the exact floor plans until they are completed. Right now they have one floor plan for a1141ots, but they may change this to 2 different floor plans; they would stay within all of the constraints required by the RS-7200 as far as setbacks and heights and they have no intentions of changing the intent of the location. Messe -Asked if footprint of the plot plan would be the same? Applicant -May change, but not drastically; it may change with the location of the front door. They presented what they felt comfortable with and cannot say that this will not change as far as the actual footprint of the home, but the intent will be to meet with the waivers as far as frontage, screening, etc. Henninger -Sounds like substantial conformance would not be an onerous condition in that case. Hastings -His intent of asking that question is that they do have neighbors present and as Mr. Nuttal pointed out, he wanted to make sure if there were any changes to these plans, that the neighbors wanted to see them; typically something like this would go through a plan check procedure. Some of the neighbors may want to hold to these plans and ff that is the case, then the Planning Commission needs to " make it clear that these plans are the ones. Messe -The developer is saying that there might be minor changes to the footprint and the plans and that the floor plans would not really affect the RS-7200 classification and he could not see them objecting to that too strenuously. Henninger - ~~Jould like the original homes to be built in substantial conformance with these plans and then as the owners of those homes come in and make changes, then he would like to see them held to the RS-7200 standards. Asked that they draft a condition that works that way. Hastings -Indicated they could do that. Henninger -Asked Commission their opinion on the wood fence versus the block wall on the north property line. Zemel -Prefers block wall, however, they cannot force someone to put in a block wall. Is block wall that objectionable to the applicant? Applicant -Looking at the economics; this is a very tight project. Messe -The rest of neighborhood does seem to be block wall for the most part. 05/04/92 Page 8 applicant -Needs to look at the financial aspects as they have not planned for this; would meet with Mr. Vogel and work out something feasible for both of them. He added he was not able to commit at this time to a block wall. Henninger -Does wood fence meet Code? Jonathan Borrego, Senior Planner, indicated that the wood fence meets Code; no block wall requirement. Henninger -The property owner has made a major change in the density and has delivered everything that was asked for at the last hearing and a wood fence would probably work there. Applicant - If changes foots nt is that going to be a major problem? Looking at putting the gara.~e a little bit off of the back of the home rather than the front of the home and asked 9f he had options? Henninger -Asked staff how they normally handle a substantial conformance. Hastings -Normally when the plans are submitted to them during the plan check and before the building permit is issued, they will look at the plans that the Planning Commission approves and compaze the two. ff they aze substantially the same, the building permit it issued. If for some reason, the plans are not substantially the same, then the Commission would want to see those as a Report and Recommendation item. Messe -Suggests applicant works with neighbor regazding the block wall fence and see what they can work out. Greg McCafferty, Associate Planner, stated he had a letter from the Anaheim City School District indicating that this development would generate 2 students in the Juarez Elementary School District azea and they have requested a dollaz amount to mitigate school impacts. They asked that this letter be made part of the public record. ACTION: CEQA Negative Declaration -Approved Reclassification No. 91-92-15 (Read.) -Granted Variance No. 4180 -Granted (Plans to be in substantial conformance and reviewed by staff ) Note: Applicant to work with Mr. Vogel regarding block ~vall fence as suggested by Commissioner Messe. VOTE: 4-0 (Commissioners Bouas, Hellyer, Peraza) l 05/04/92 Page 9 r•.~4a. ('EOA CATEGORICAL EXEMPTION CLP.~~ ` 4b. WAIVER OF CODE REQUIREMENT 4c. CONDITIONAL USE PERMIT N0.3021 (Readvertised) OWNER: INITIATED BY: City of Anaheim, 200 S. Anaheim Boulevard, CA 92805 AGENT: PROPERTY OWNER: Marion Malouf and Robert Malouf, 900 E. Ball Road, Anaheim, CA 92805 LOCATION: 900 East Ball Road: Property is approximately 4.97 acres located at the southwest corner of Ball Road and Lewis Street. To consider the termination or modi5cation of Conditional Use Permit No. 3021 (to establish a vocational school with waiver of minimum number of parking spaces). CONDITIONAL USE PERMIT RESOLUTION NO. PC92-60 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER'S COMMENTS: Code Enforcement initiated. Floyd Haugen, Practical Schools, 900 E. Ball Rd., Anaheim. He stated they are a vocational, technical training school; they are here to ask for an extension to a conditional use permit which would give them time for the paving of the parking lot; unfortunately, all the money that had been set aside for the complete renovation, had been used up by the contractor and the work had reached about a 40% completion rate; they have several bids in hand to complete the work, however, they have not been able to get terms to finance the operation; need a 6 months to a one-year extension in order to complete the paving of the parking lot and landscaping. Director of Admissions at Practical Schools. He explained that the average age of the student body is 34 to 35 years old and they deal with a lot of JTPA students; their record fo:~ the JTPA in Anaheim was 100% placement; they also deal with injured workers. If something happened to Practical Schools, it would have an impact on about 200 people that were in the middle of training. Jo Action Jo Action ;ranted a 4 nonth time ;xt. in order to :omplete improvements (to expire 9/4/92) 05/04/92 Page 10 COMMISSION/ STAFF COMMENTS: Pam Kessler, Code Enforcement Officer, stated they started their investigation at the request of the Planning Commission to see if there were conditions that were not fulfilled from the original CUP; they started their investigation on June 3, 1991 and found out that the site plans had not been followed through with; the major dirt pazking lot was never paved; the ingress and egress that led onto Lewis was never completed; there is only one driveway leading onto Ball Road for all of their students. On June 27 and July 10, 1991, were the actual first contacts they had with Marlyn Sheehan; (It was also noted that Ms. Sheehan was in the audience); they issued several notices of violation; they have been awaze of the impending action for almost 9 months and they have not seen any improvements or any real indications that she was going to be able to meet these conditions. Last October Practical Schools stated they would like to conform, however they just did not have the funds. Code Enforcement would like to see the conditions be met as approved back in 1988 or that the CUP be modified or terminated. Henninger -Told Mr. Haugen he understands that he has been through a couple of touch years in 1989 and 1990; asked if they gave him an extension of time, could get a Letter of Credit to secure that? Mr. Haugen stated he thought that they could, but could not make a promise like that, but thought they could. Me~ae -Asked how long of a time they would need to get that Letter of Credit? Henninger -Stated you normally need 30 days. Mr. Haugen agreed. Henninger -This may be a way to meet both of their needs to give them some extra time and the Commission the comfort they need in order to allow them to continue. Zemel -You mentioned you were in the process of obtaining financing? Mr. Haugen indicated that was correct. Zemel -Asked how much the bid was to pave that portion? Henninger -Asked Engineering if they could estimate the improvements? 05/04/92 Page 11 f~Melanie Adams -Stated they could prepare an estimate for the pavement work. Zemel -Wants Letter of Credit to match the work that needs to be done. Henninger -Shared that concern; also a Letter of Credit to be any good needs to be irrevocable and unconditional; if applicant has not performed in whatever time frame they say, then the City will write to the bank and the bank will se^' them a check and then the City will do these improvements. Melanie Adams -The irrevocable Letter of Credit would need to be reviewed by both the City Treasurers Office and the City Attorney's Office for terms and amount. Greg Hastings - Is this to include landscaping and striping as well? Henninger -The amount is to cover all conditions not completed. Mr. Haugen asked for someone to summarize this for him. Henninger -They are willing to go along with their request for a little longer time to make these improvements provided they give to the Commission a real guarantee that these things will be done and the real guarantee is an unconditional " Letter of Credit for the amount adequate to cover these improvements. Will give him a date certain and if improvements are not done, then the City will call the Letter of Credit. Pam Kessler -They would like some sort of dust control measure to be implemented each day, i.e., wafer down the dust or somehow preven~ the dust from entering the public right-of ways. Commissioner Messe -Suggested they hire a service to come in and water down the dirt every morning before the cars got there. Greg McCafferty, Associate Planner, stated this is something that the SCAQMD requires this anyway through Rule 403 for fusion of dust when they are doing clearing or grading or improving operations in that area, so it is some thing that they would have to comply with this anyway. Selma Mann,1)eputy City Attorney, stated ordinarily, they would have a Letter of Credit procedure where they are asking for some type of public improvement; they would then call in the Letter of Credit if it was not timely completed and have the City perform the work that needed to be done; what they have here is some private property, so the applicant needs to be aware that they need to have a license in conjunction with that Letter of Credit from the owner and tenant that `/ 05/04/92 Page 12 would authorize the City to have this work performed and whatever other provisions the City Attorney's Office determine to be necessary on that license agreement; it is a little more complex then having work done on the public right- of-way. The only requirement for modification or termination of a CUP is the public hearing; if it is such that the requirement for a Letter of Credit be in place in 30 days and that it terminates at that time, then you would have an appeal period running from that day (decision of the Planning Commission); it could get complicated if the matter is appealed by the applicant to the City Council; they may need more then 30 days or the City Attorney's Office may need more than 30 days; whenever you have anything that requires having more than 2 parties, it is pretty hard to get it done within 30 days to get it executed. She requested at least 45 days and that may be pushing it. Melanie Adams -This is going to be quite a costly job in the neighborhood of $2.00 asquare-foot; will they be prepared to go forward with such a large job? Haugen - He was aware of the cost. ACTION: CEQA Categorical Exemption -Class 21 (No action required) Waiver of Code Requirement - No Action Conditional Use Permit No. 3031- Granted (Terminate unless applicant submits an irrevocable Letter of Credit to the City Attorney within 45 days from date of hearing (6/18/92) along with a license agreement from the lessor and the property owner; extension of time granted for 4 months, to expire 9/4/92). VOTE: 4-0 (Commissioners Bouas, Hellyer and Peraza absent) ~`-~ 05/04/92 Page t3 ~^ 5a. ~EOA MITIGATED NEGATIVE DECLARATION .ib. RECLASSIFICATION NO. 91-92-20 Sc VARIANCE N0.4181 Sd. TENTATIVE TRACT NO. 14641 Se. SPECIMEN TREE REMOVAL PERMIT NO. 92-02 OWNER: M.Y. PELANCONI ESTATE, C/O BERNARDO M. YORBA, EXECUTOR, 300 S. Harbor Blvd., Ste. 912, Anaheim, CA 92805 AGENT: MORGAN DEVELOPMENT INC., Attn: Max Morgan, President, 20341 Levine Avenue, Ste. D-3, Santa Ana Heights, CA 92707 LOCATION: X40 East Santa Ana Canyon Road. Property is approximately 12.38 acres located on the south side of Santa Ana Canyon Road and also having frontage on the north side of Avenida Marguerite and approximately 1,211 feet east of the centerline of Royal Oak Road. To reclassify from the RS-A-43000 (SC) to RS-5000 (SC) Zone. Waiver of required lot frontage and required location and orientation of buildings To establish a 40-lot ,tS-5000 (SC) and RS-A-43,000 (SC) single-family residential subdivision (including the construction of 38 single-family residences).. To remove 75 specimen trees. RECLASSIFICATION RESOLUTION NO. VARIANCE RESOLUTION NO. FOLLOWING IS A SUMMARY OF THE PLANNING COMIv1ISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. ACTION: Continued to May 18, 1992 (Petitioner was unable to attend the May 4, 1992 public hearing) Continued ~to 5/1S/9. 05/04/92 Page 14 r•"`~, CEOA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) ~ 6b. r'nNDTTIONAL USE PERMIT NO 3521 6c. TENTATIVE TRACT MAP NO. 14681 OWNERS: ANAHEIM REDEVELOPMENT' AGENCY, Attn.: Brent Schultz, 300 South Harbor Blvd., Ste. 900, Anaheim, CA 92805 AGEbIT: KAUFMAN & BROAD INC., Attn: Scott Minami, 180 N. Riverview Drive, Ste. 300, Anaheim, CA 92808 LOCATION: 206 210 and 214 oath Olive Street. Property is approximately 0.50 acres located on the past side of Olive Street and approximately 200 feet north of the centerline of Broadway. To permit atwo-story, 6-unit, condominium complex and to establish a 1-lot, 6- unit, RM 2400, airspace condominium subdivision. CONDITIONAL USE PERMIT RESOLUTION NO. PC92-61 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER'S COMMENTS: Scott Minami, stated the project is being purchased from the Redevelopment Agency; purchase contract and conceptual drawings were approved by at the joint City Council and Redevelopment Agency meeting on Apri121, 1992. He referenced condition no. 2 and indicated the width of the street is requested to be 26.75 feet and for clarification it is measured from the centerline of the street to the back of the walk; he referenced condition no. 5 and stated it is in error and, therefore, is requesting deletion of this condition since they are being asked by the Redevelopment Agency to install seven 36" box trees along Olive Street to meet the intent of the street trees in that condition; parking conforms to Code. COMMISSION COMMENTS/ STAFF COMMENTS: Concern was expressed regarding the guest parking. approved Jranted approved ~_.% 05/04/92 Page 15 ~~4elanie Adams, Public Works-Engineering, indicated that the clarification for condition no. 2 is acceptable, that after 26.75 feet in width can read "from the centerline of the street along Olive Street for street widening purposes. 'Trees are to be placed on private property and maintained by the homeowners association rather than being placed in the public right-of--way, therefore, condition no. 5 may be deleted. Also the last sentence is conditions 2 and 3 should state "on" file fmal tract map rather than "of." Jonathan Borrego, Senior Planner, recommends that condition no. 5 be replaced with another condition requiring that the applicant prepare and record a covenant agreeing to notify potential buyers of these units of pcssible school overcrowding. He expressed concern regarding the location and placement of driveways behind the garages and having a pull through situation; open parking is located in the rear yards of the units; guest parking is o.k., it is the additional 2-1/2 spaces per unit for the 2 bedroom and the 3-1/2 spaces for the 3-bedroom units that he was referring to. Alfred Yalda, Traffic Engineering, stated he agrees with Planning's coc.,srns regarding the parking; if they flip flopped the driveway they would only be required to lave 5-feet of setback from the alley for their parking instead of 8-1/2 feet, or •nother suggestion would be pe-paps they could flip flop the 3-bedroom units at each end, and then it would meet the parking required by Code. Henninger -For clarification the garage in the 3-bedroom ought to be setback and have the parking in front of it directly adjacent to the alley. Minami -Prefers to keep parking structures in tact because that is the way it has been designed. Henninger -Does not believe that those spaces will be used. Brent Schultz, Redevelopment -Staff is recommending that it stay the way it is; a good set of CC&Rs are pretty tight and have a lot of restrictions; asked them to allow developer to keep this layout. Zemel -Building parking spaces that no one can get to is a prc'.:lem; flip flop it and post signs that there be no over night parking in the g_.:st spots. Ms. Adams stated the Ciry no longer reviews the entire CC&Rs; they have placed their requirements in a small document called a Maintenance Covenant. Restrictions could be placed in the Maintenance Coven~;;t, however, she did not know how much strength they would have. 05/04/92 Page 16 {"`.CTION: CEQA Negative Declaration - (Prev. Approved) -Approved Conditional Use Permit No. 3521- Granted (3-1) Messe NO Tentative Tract Map No. 14681- Approved 1. Change condition no. 2 to read as follows: "that the legal property owner shall dedicate to the City of Anaheim an easement 26.75 feet in width from the centerline of the street along Olive Street for street widening purposes. The dedication shall be made prior to final tract map approval or can be made or. the final tract map." 2. Condition No. 3, last sentence, change the word "of' to "on." 3. Delete condition no. 5 and replace with the following condition: "That an unsubordinated covenant shall be recorded with the Office of the Orange County Recorder agreeing to provide the buyer of each dwelling unit with written information obtained from the school district pertaining to possible overcrowded conditions and busing status of the school serving the dwelling unit. A copy of the covenant shall be submitted to and approved by the City Attorney prior to recordation. A copy of the recorded covenant shall be submitted to the Zoning Division." VOTE: 3-1 (Commissioner Messe voting NO) Commissioners Bouas, Hellyer and Peraza absent. ~. 05/04/92 Page 17 r'~. CEOA NEGATIVE DECLARATION 7b. WAIVER OF CODE REQUIREMENT 7c. t .ONDTTIONAL USE PERMIT NO.3519 OWNERS: DR. R. S. MINMCK AND JAN W. MINNICK, 12269 Skylane, Los Angeles, CA 90049 AGENT: GANNETT OUTDOOR CO. INC., Attn: L. Ronald Cipriani, 1731 Workman Street, Los Angeles, CA 90031 LOCATION: 30 East Orang to horpe Avenue. Property is approximately 0.43 acres located at the southeast corner of Orangethorpe Avenue and Lemon Street. To permit two (2) 36-foot high billboards (241 and 672 square feet each). CONDITIONAL USE PERMIT RESOLUTION NO. PC92-62 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. " lOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: 2 (6 letters in opposition received) OPPOSITION CONCERNS: Richard Carter, Bryan Industrial Properties, 146 E. Orangethorpe, Anaheim. They are one of the adjacent property owners and are very much opposed to these signs and are a visual blight to the neighborhood. Barry Eaton, l;h.ief Planner with the City of Fullerton, City Hall Fullerton. The Mayor of Fullerton submitted a letter in opposition to the Planning Commission; with regard to the variance, he did not see how they could make their findings. PETI'TIONER'S COMMENTS: Chuck Daggett, representing Gannett Outdoor Co., Inc. The proposed signs on the corner of Orangethorpe and Lemon will add value to the community with the promotion of products and services that are available; 2 of the larger enterprises, Disneyland and The Angels, currently have campaigns that they are promoting with their billboards; they also add value to the community with the public service space they donate on their billboards. For clarification, under item 9 of the evaluation, it states that the petitioner is requesting 672 square-foot of displaced area on each face of sign "B" and it should read only sign "A." pproved enied enied 05/04/92 Page 18 "'"heir company did lose a :~:gnificant asset because of the consti fiction of the new Sports Arena; they had to take down a double faced sign that was 672 sq. ft.; they are simply trying to replace what they lost; they are not trying to increase the no. of signs, but are trying to maintain what they had. COMMISSION COMMENTS/STAFF COMMENTS: Jonathan Borrego, Senior Planner, stated that the applicant is correct as faz as pazagraph "9" goes; that should refer to sign "A" rather than "B"; they would recommend denial based on the findings that were made and in consideration of some of the improvements that have been going on within that area and in the City of Fullerton; approval of this application would be taking things in the opposite direction as far as improving the visual image of that intersection. Zemel -Asked about the public service advertising for the City. Mr. Dagget stated he could not specifically name anything, however, they do other public service advertising for non-profit organizations that do operate within the City. Zemel -That claim is made time after time that you are doing public service announcements for the City and he has always been curious to see what those nnouncements are and what the percentage of space is donated from their company. He asked how many local businesses advertised on their boards in the City? Mr. Dagget stated he did not have that information at this time, however, he could get it for him. Zemel- Any local businesses that are going to be targets for advertisement? Daggett - He was sure that there would be, however, he was not able to guazantee anything until approval was granted. Messe -Was the only one on the Commission when the last application was voted on; does not understand why he is back here; they are dealing with land use. Daggett -The difference would be the impact of losing their previous sign. 05/04/92 Page 19 ^.CTION: CEQA Negative Declaration -Approved Waiver of Code Requirement -Denied (Nothing on this property that makes it different from any other size property) Conditional Use Permit No. 3519 -Denied (Proposed use will adversely affect the adjoining land uses as outlined in letters that were received from various businesses and the City of Fullerton and the size and shape of the site for the proposed use is not adequate to allow for the development of the proposed sign). VOTE: 4-0 (Commissioners Bouas, Hellyer and Peraza absent) `~ 05/04/92 Page 20 .~•°'~. CEOA NEGATIVE DECLARATION ~ db. VARIANCE N0.4179 OWNER: DESANTELS COMPANY, 125 Lakeview Drive, Woodside, CA 94062 AGENT: INNOVATIVE GRAPHICS, INC., Attn: Scott Angotti, 833 N. Elm Street, Orange, CA 92668 LOCATION: 2809 East Lincoln Avenue. Property is approximately 2.17 acres located north and east of the northeast corner of Lincoln Avenue and Rio Vista Street. Waiver of permitted location of freestanding signs to construct a 25-foot high, 279 square-foot, freestanding sign. VARIANCE RESOLUTION NO. NOT TO BE CONSIDERED OFFICIAL MINUTES. "APPOSITION: None PETITIONER'S COMMENTS: Scott Angotti, 833 N. Elm Street, Orange, CA 92668. They are requesting a waiver from Code that requires a freestanding sign within the middle 20% of the property frontage; they have a previously approved sign in that location that was part of a larger package that included the remodeling of the exterior of the super market. They feel that the previously approved location of the sign would impede the traffic flow throughout the parking lot and would require removal of approximately 6 parking spaces; the new location would eliminate only one parking space and would not impede the flow of traf5c throughout the parking lot. COMMISSION COMMENTS/STAFF COMMENTS: Jonathan Borrego, Senior Planner, stated there is a shortage of landscaping along the frontage of Lincoln Avenue for the commercial retail center (other then the Del Taco which does have some landscaping out in the front of it); they would like the applicant to incorporate some type of a landscaping scheme into the design of the sign in order to compensate for the lack of landscaping if at all possible. Mr. Angotd -Not authorized to agree or disagree to any landscaping proposals, however, the parent company has been willing to add landscaping to other properties; cannot say yes or no. `~ Continued to 5/18/92 05/04/92 Page 21 %Ienninger - Fn the sign graphic they have the Alpha Beta and then the other tenants listed below; they are advertised on an existing sign; are they proposing to duplicate that signage or are they going to move each one off the existing sign? Mr. Angotti explained Alpha Beta has spoken with the other businesses in the center; they are proposing to give space to the other business owners free of charge; currently they pay a fee to the other sign owner per month to advertise their business. Henninger -They could agree to a condition that says that they would not give anyone free space if they wanted the other sign to remain. Angotti -That would not be a problem; on the existing sign there are 2 cabinets, one is completely empty. Messe - Do really need to add landscaping. Angotti -Does not disagree, he will propose that to Alpha Beta. Greg Hastings, Zoning Division Manager; stated the Code normally requires a a- foot landscaped area adjacent to the right-of--way; perhaps they could take that ame square-footage and transfer that around the sign. Angotti -Did have some problems with parking spaces; they want to save as many as they can. Henninger -Work with staff on parking. ACTION: Continued to May 18, 1992 05/04/92 Page 22 r^a. CATEGORICAL EXEMPT-CLASS 1 9b. VARIANCE N0.4178 OWNER: ALPHA BETA COMPANY, A DELAWARE CORP., Attn: David Pine, 248 Palm Drive, Arcadia, CA 91007 AGENT: INNOVATIVE GRAPHICS, INC., 833 N Elm Street, Orange, CA 92668 LOCATION: 460 S. Anaheim Hills Road. Property is approximately 2.9 acre located on the northeast corner of Nohl Ranch Road and Canyon Rim Road. Waiver of permitted type of freestanding signage and permitted location of freestanding signs to construct a 6-foot high, 60 square-foot, shopping center identification sign. VARIANCE RESOLUTION NO. '"FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. ,rTOT TO BE CONSIDERED OFFICIAL MINUTES. ACTION: Continued to the May 18, 1992 meeting in order to readvertise subject petition to include a request for a total of two freestanding signs. ~ontinued to 5/18/92 ,~ 05/04/92 Page 23 ~^Oa. C'EOA NEGATIVE DECLARATION lOb RECLASSIFICA i ION NO.91-92-19 OWNER: TIIE FLUOR FAMILY TRUST, 4521 Perham Road, Corona Del Mar, CA 92625 AGENT: CECIL C. WRIGFTT, 265 S. Anita Drive, Ste. 205, Orange, CA 92668 LOCATION: 1320-1382 Auto Center Drive. Property is approximately 7.98 acres located at thesouthwest corner of Auto Center Drive (formerly Taft Avenue) and Sanderson Avenue. To reclassify from t'~e ML to CL zone and to construct a 2-story, 50,000 squaze foot medical office building. RECLASSIFICATION RESOLUTION NO. FOLLOWING IS A SUMMARY OF' THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. ACTION: Continued to the May 18, 1992 Note: Staff recommended that this meeting be continued to June 15, 1992, however, the petitioner respectfully requested that it be continued to May 18, 1992. Continued to 5/18/92 os/oa/s2 Page 24 Ala C'EOA NEGATIVE DECLARATION (PREVIOUSLY APPROVED) llb. WAIVER OF CODE REQUIREMENT (PREVIOUSLY APPROVED) llc. CONDITIONAL USE PERMIT N0.3042 (READVERTISED) OWNER: ROMAN CATHOLIC BISHOP of ORANGE, 2811 E. Villa Real Drive, Orange, CA 92667 AGENT: REVEREND SEAMUS A. GLYNN, 5800 E. SANTA ANA CANYON ROAD, Anaheim, CA 92807 LOCATION: 5800 East Santa Ana Canyon Road. Property is approximately 6.0 acres located at the southwest corner of Santa Ana Canyon Road and Solomon Drive. Amendment to condition of approval pertaining to required street improvements on Santa Ana Canyon Road. Property is approximately 6.0 acres located at the southwest corner of Santa Ana Canyon Road and Solomon Drive. CONDITIONAL USE PERMIT RESOLUTION NO. PC92-63 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER COMMENTS: Petitioner not present. COMMISSION COMMIiNTS: No discussion took place. ACTION: CEQA Negative Declazation (Prev. Approved) - No Action Waiver of Code Requirement (Prev. Approved) - No Action Conditional Use Permit (Read.) -Granted VOTE: 4.0 (Commissioners Bouas, Hellyer and Peraza absent) No Action ~ No Action Granted ._~~' 05/04/92 Page 25 ,~''°"'`?. REPORTS AND RECOMMENDATIONS: r A. VARIANCE NO 4052 AND TENTATIVE TRACT MAP NO 14270 - REOUEST FOR AONE-YEAR FXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: Gary Almos, requests for one-year extension of time to comply with conditions of approval for Variance No. 4052 and Tentative Tract Map No. 14270, waiver of minimum lot width to establish a 5-lot, RS-7200 subdivision and to expire on June 4, 1992 and if approved, to expire June 4, 1993. Property is located 828 S. Western Avenue. Approved B. CONDITIONAL USE PERMIT NO. 3300 - REQUEST FOR ONE-YEAR Approved EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: Ahmad Jilanchi, (Sabi Development Corp.), requests for one-year extension of tim to comply with conditions of Approval for Conditional Use Permit No. 3300, to permit a 10-unit condominium complex to expire on May 20, 1992 and if approved, to expire May 20, 1993. Property is located at 719-729 N. East Street. 13. DISCUSSION: None 14. ADJOURNMENT: The Planning Commission adjourned their regularly schedu: ' Planning Commission meeting of May 4, 1992 to the Planning Commission Work Session of May 11, 1992 at 3:OOp.m. in the City Council chambers. ``./ 05/04/92 Page 26