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Pursuant to Councilman Patterson's request, Councilman Villa's motion to defer Agenda Items 70 and 71 for consideration as the final evening agenda items was seconded by Councilman Yamamoto, and carried with Councilmen Evans and Markel voting NO. RECESS At 5:17 P.M., the meeting was recessed to 7:30 P.M., at which time it was reconvened with all Councilmen present except Councilman Patterson, who arrived at 9:10 P.M. Following the Pledge of Allegiance to the Flag, the Invocation was given by The Reverend Leslie Zimmerman, of Goodwill Industries. PUBLIC HEARING The Mayor opened the public APPEAL $311 - CUP 72-22 hearing on Appeal #311 filed S. V. HUNSAKER, JR. by S. V. Hunsaker, Jr. appeal- ing the Planning Commission's denial of CUP 72-22 to allow a motorcycle dealership in the M 1, light industrial zone at 2110 E. McFadden Avenue. The Acting Planning Director stated that the Planning Commission had denied the application on a 4:3 vote and he reviewed the Commission's Findings of Fact dated November 27, 1972. The Clerk reported no written communications had been received. Charles G. Schlegel, Attorney at Law, 433 Civic Center Drive West, representing the appellant, stated that he also represented the potential lessees of the premises who were potential Yamaha Motor- cycle franchise holders; that he had spoken directly to two of the Planning Commissioners who had voted NO on the application and that they had indicated that if additional facts had been presented they would not have voted NO; that Mr. Hunsaker was very conscious of tenants of multi-uses in an area due to his family's activity in building. S. V. Hunsaker, Jr., 23492 Seaward Isle, Laguna Niguel, stated that he had built several industrial buildings in the past few years; one of which had been sold to Standard Oil for commercial use; that the building that would house the proposed motorcycle dealer- ship would have good colors, landscaping, and that Yamaha would be a good tenant. Mr. Schlegel stated that Mr. Hunsaker would not allow any use which would be a detriment to his property; that they propose making a room which is insulated and sound-proof for using a dynomometer engine testing device so that there would be no disturbance to surrounding neighbors; that variances had been granted in that particular zone of Santa Ana; that there were light manufacturers and other commercial activity both on Edinger and McFadden, including Lorenzo's restaurant and service stations; that Yamaha had given area requirements to his client in establishing a franchise; and that it was virtually impossible to find a 7,000 square foot facility to serve as a showroom and equipment room; that the requested use falls into uses allowed by a Conditional Use Permit; that Xerox has put in substantial requirements relative to appearance of the building; that they had approved the plans and signing; and that if the presentation he was then making had been presented to the Plan- ning Commission an appeal would not be necessary. There were no opponents to the appeal, and the Mayor closed the public hearing. CITY COUNCIL MINUTES 475 DECEMBER 18, 1972