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Minutes-PC 1976/01/19C~ J Clty li~ll Anahr.im~ Cblffornlt~ Jr.nuery 19~ 1~37G REGUTAR - A regular moctin~ of tl~e An~il~cim City i'lanning Commisslon ~es callcd MGETING to or<lar hy Chairman Farano at I;;3~i ~:.m. i~ thr Coimcll Chnmber, a q uarum being presPnt. PRESEN7 - CFIAIRMAN: F~~rano COMMISSIONE.RS: Darnes, FlerUst~ Juhn~~n, Klnq~ Morlr.y~ Tolar REGULAR ~1[ETING QF TIIF. ANANCI~1 CITY Pt,A~dNING C~MMISSIQ~~ ~ ~ ABSENT - CQMMISSIOtIF:RS: None AL~O PRESFNT - Ron Thampson Frank Lowry Paul Slnc~er ,lay Tftus Annika S.3ntalahtl Allan Daum Patricla Scanlan Plannlncl Department Uirector Deputy City Attorney 1'raffic Engineer Off ice Enclineer Zonin9 Supcrvisor Assistant T.oning Supervisor f'lanni;~g Comml:,~.fon Setretary PLEDGF. OF - CommisslonEi' Tolar led In the Pled~ie af 1111egi 7nce tc the Flag of the ALLCGIANCE - United ~tates of A~-~rica. APPROVAL OF - Commissloner Tolar offered a nK~tion~ sec~nde~' by Comnlssionr.r Johnson~ THE MINUTES and MOTI0~1 CARR~rn~ tttat the minutes of the Planning Commission meeting held on December 12~ 19y5~ be and hereby a~•e appr~v~d~ as submitted. CONTI NUf U f,OND I TI ONAI. USE - PU8L1 C IIEARI Nt,. PAC I F I C WOR~.D CORF. / GOLDEN WEST EQUI TY PROPl:R'~ 1 ES ~ PEkMIT Nn. 1587 INC., 3'331 M.~cArthui Boulevard, Suite 10~+~ Newport Beach~ CF1 92660 ` (~v,nar); GOLDE.N WES7 EQUI'TY PROPFRTIES~ INC.~ 3931 MacRrthur poule- vard, S~Ite 104~ Newport Aeach~ CA 92660 (Agen~); requesting per- m:ssion to BUII.D A RESTAURA~IT l1~JD PLANNED INDUSTRIAL ~OMPLEX on property described as cwo rectang~iiariy-shaped p~~rcels of land conslsting of approximately 31.2 acres wlth frontayes of appraximately 1~122 feet along the south side of Kat~lla Avenue and 676 feet along the west si.le of State College k3oulevard~ having appr~ximate depths of >07 feet frum Katella and }21a3 feet from State College Boulevard; the Katella Aven~e percei is iocated approximately 650 fe~t west ef the centerline of Stat~e Callege Boulevard and ttiP State College Boule ird parcel is located immediately south of the conterline uf the prap~s~d Pacifico Avenue. Propert~ presentlv classiffed ML (IPIDUSTRIAL~ LIMITED) ZO~~E. The subject petition was co~~t(nued from the ~lannin~ Commissior meetinq of December 22~ 1975, 1n ordar for the Plannir~q Department staff • ~repare an Area Develc~pment Plen of the subject area, No one indicated Cheir' presence in opposition [o subject petition. Although the Staff Report to tne ~'lanning Commission d~ted January i9, 1976~ was not read at the puhlic hearing~ sai! Staff Report is referred to and made a part of the minutes. THE PUEiLIC HEARING W115 DkCLARED CIOSEG in order for tne Plannir~g Commts5ion to ask questians of the petit(oner, In response to qucstioning b'. Cl,airman Farano, Mr. Richard Stenton. the petitioner's representative, appeared before the Planning Cortxnission and stated thcy had met wlth the Clty Traffic Engine~ r and ha<1 presented maps of the area for review. Chairm.~n Farano indicated that the Planr.ing Commission w~s in receipt of the 1Ptters from Crommelin-Pringle and AssociatesP Inc. relative to the traffic impact of the proFosa! upon the surround(ng area, and that said letters contained maps. Mr. St~nxon furrher stated he had discussed rhP matter of the traffic Impact with Mr. Singer and Mr. Pringle and their opinions r~ere tliat the traffic circulaCion, as propased~ in the development layout was adequate and that the interior straet should be a private street rather than a public street. 76-16 ~ ~ ~ ~ MINUTC•;, CIT'~ PLIINNIN~ COMMISSI~N, J+anu~ry 19, 1976 COND1710NA1 USE PERMIT N0, 1587 (continued) 7(i-1 7 Commissloner Herbst dis~greed 'that the street sh~•uld Ue priv.~tc, not~n~l thet it shaul;l be a publlc street since th~ subject properc.y was K>art of a very large unr.ievelupad pArcel of land, Mr. Stenton expl~ilned that the prnpos~sd str:;at was to sarvicc approxl- mately 20 ~cres o~~ly; that the remalning propcrty v+ould usc Paclfico ancl a ~ortion of the private strec+t; anci th.~t slnce khe strser, w~ss not going nnywhere or would not s~rvicn enything oth~r chan ~he subJect dev~lopman~. thelr fc:eling w~s thnt a private street would better serve thely development. Commissioncr Morley noted that ever If the strcet were to be A privatc street~ it sf~ould be devcloped t~ public .trcet standards. Offisr Enginr.er• .lay Tltiis advised thAt whetf~er thc street wAS private or pul,llc ic should be a tit~~ndard 64-Foot rlght-of-way to serve as an (ndustrial street and he ~2 fcet curb-to-curh, Choirman faraiio coii- curred that the size and width of the street was thF inain concern ~f :he Plannln,y Cnmmisslon. In rehuttal~ Mr, Stenton stated th<~t a 5z-foot street would constitute a 4^l~n~ thoruugh- fare and they feit that 2 t.~nes were suffir.ient, eis recommended by the craffic enqineer; and that the p~rcel facing Kate11A Aven~e was appr•oxirnately 1?. acres of land~ nnd ~he private road would als~ service tl~e pron~:rty behind the 12 acres. Chairman Farano noted that Che Pia~ninc! Commisslon was also concsrned about speciftc: plans for developing thE pr~perty; that In the abs~ence of specific Nlans to clarif•~ tlie intent~ stand~rd street w(dths viere b~:ing request~~1 by tlie Ptannlny Comm(snio.^.; [hat he would be somewhat chagr(ned ff a y0-foot street width v,~ere granted relying upon the r. ~resentatlons of the develop~.r at this time and later on a mure intensifled use wiCh more crafflc demands w.~s deve~oped; however, wi;h specific uses proposed for the property, *.he Planning Commisslon may be able to impose conditions wh(ch a!ould appropriately control the traffic situation. Mr. Stent.on then stated they had indicated they v~o uld like to hdve the other undeveloped property, huwever~ the letter dated January 14 from Mr. Pringle indir,ated the ~ther property owned by Mr. P~~~ wou0d nol ~ftect tlie proposed circ~latlon plan. Cammissioner Tolar ~iote.~ ~`~at an area deveiopr~~er• plan had been Ciscussed for the subJect project an the basis :hat it would clarify the circulatian issue being raised; that he was conccrned about the eventual dcvelopme nt of th~ entire undeveloped property and~ by approvtncl the proposal9 the Commission might be cre..~tir4 problems for the rPSt ef the prnperty with resp~ct to circulatton; and that it .~~a~ imNartant for the Commisslon to have some idea what might be develnped on thc rPst of the property. Cortrnissioner Johnson noted that it was di'~~cult for the Commission to accept the 40- foot wide street which mir~ht not he adequate in th e future when the rest of the undeveloped property was developed. Mr. Stenton stated that the proposed private streei wo~ld handle the addltional 44 acres~ if saici acreage was developed ML~ in whlch ca:e there would be even less traffQ~ load; and that because of the zoning on the property r,h~re wer~ 6u':t°ir• s~~eguards fur Its development~ even if the additional acrebqe was subdivided ~r,a scld uff, Commissioner Herbst took exception to Mr. Stenton's statema^ts, notin4 .hr: thr. Planning Commission did not know what uses would be proposed for the a~id:~.(onal un.te~w~~~F~_~! land~ and would not want to suppress a goo~ ~~eveloFment which m(ght be pro~~osed in t~~e f~atu~e; that~ furthermore, the ~roposed private street was f.-om onz publ (c st~ e.:t t~~n~ther pub 1( c s treet and woul d be open to the ~.~ubl i c, wh i ch d( d not makP sense; an _ chat *.1~e subJect developer ~~as sa~;;,:y :ar~~7 for his own uurposes wh~ch should be useJ for s~treets. In rCS~onse to ~.~uestior~~ng b~ Gammtssioner Tola~. it was clarifted that tl~e ~eveloper was rroposiny 11$ of the de4~ee~~pnwret for c~mmerctal ar~d office uses. Chairman ~arano noted t~~,at (f che d~veloper found uostrcar~i that a differer:t proJect would be better for the .Seveloper~ the City could find itself wEth a more i~tensifted use and, therefore, a serfous problem. The Planning Co,rmi~sion entered into diseusston with the developers regarding the amourit of truc k trafftc which might be generated f~om the proposal~ during which Traffic Englneer Paul 5inger advised that fer the subJe:t type development norm~lly about fl.5$ of the total volume of traffic would be truCk traffic; whereupon, Commission~r Herbst noted th at for a sim(lar projeGt proposed by Dunn Properties~ with about all iridustrtal use3, the truck traffic was about 75e of the total volume. ~ ~ ~ MINUTES, CITY PLANNING COMMISSION, Jrnuary 19~ 197~ COt~DITIO~IAI USE PF.RM!T N0, 15a7 (Conttnued) 'J6-1 a Mr. Lloyd McDonnid~ rc~presentin~ Golden West Propertles~ appcarcd before th4 Planning C~mmisslon ~n~1 statecl th~y had done n lat of daveloprnent in the Clty of A.neheim and othcr parts of Qrnnqe County; thnt they were axperlenced w(th stroet widths; [hat the properLy in qur.stlcn c~nsisted of 12 acres ~nd th4y would net out ahout 10 ~~cres for bullding purpose~; that~ pressently~ che~ dl~f not dc~lre to have a four-lone s~rert thr~ugh the nroperty; and thnt to accommodate a citian~e to (ncrease the wldth oF the Street, they would have to revise thc total proJect. Cha(rman Far~no noted th~t Althouqh hc fully undarst~x~d thp thrust hf Mr. McDunald's stotements, without the benefiti of an area development plan to estnbllsh tl-~ ci~culatlon crlterla for the un~ievr.loped land at the subJect location ancl t~ enable the Pl~nning Comm(sslon to (mpo.c conditions which would assurc~ that the whole propcrty cou~d be devel~pnd In ~n orderly mannr.r~ the Commission had to proceed wfth caukiun; and that 1t was unfortunate if a burden wes beln~ placed on the subJect developer wfth respect to circulatlon. In resp~nse _o questloninn by Comrn(ssi~ner Tolar~ Mr, McDonald stated they wo~~id cul-de- sac the proposed private streek, if necessary~ to solve the traffic problems and still provlde (nc~ress and ec~ress to t1~e I1.-acre parcel. Chalrman F'arano noted that the offer o` a cul-de-5ac may present further traffic engi~eering problems. Mr. McDanald further staCnd that any property to ehe rear of the 12 acres should be taken care of by Paciflco Avenue. Chalrman Farenu noteci that a cul-de-sac street~ as s~ag~ested~ might landloclc the additlonal unrieveloped land to the s~uth; whereupon~ Mr. Linger advised that the tern-ination of tl~e street or a cul-de-sac would be d~trimental since there was con,iderable proNerty to the south whirh was undevelooed and wauld need adequate ctrculation, Mr. SinQer Further advised that the traffic enc~ineering consultant for the developer was recommend!^q that fo w•-lane capaclty be provided at the (ntersectlon of the prtvate strcek at Kat~ll~ Avenue; whereupon~ Mr. Singer read from the letter °rom Lrommelln-Prin~le and Ass~c(atrs, Inc. In response to questlonfng by Chairman Farano, Mr. Stenton stateci the proposed ~~rivate street~ -~ith righC turns only at Katella Avenue, said street term(nating at Paclfico Avenue, was based on the conclusion that ihc antire undevelopeci properCy would be developed exactly Iike the proposal for the subject property. Mr. Stenton further stated that they hacl cor~tral over further development of the `,roperty In the middle (south of the 12-acre p~rcel) anc.i would be receptive to a restrlction of the uses for said southerly land; whereupon~ Deputy City Attarney Frank Lowry advised that the additional land to the south was not included in the descrlptton of property advertised for consider~tion at thls puhllc hearing an~~ thereFore, restrictive conditions imposed for development of that land e+lght not be enforceabte~ unless deed restrictions v~ere req~irecf, Mr, Stenkon stip~alated that they would be wiliing to place deed restr•ictions on the property to the south. Commissioner Morle;~ quest(oned the length of the four~lane portion of the private street from che inCer~,ECtinn at Katella Avenue; whereupon, Mr. SEnger advisect that~ normal?y, there was a 1~0-foot pocket with a G~-foot tr3nsitton, ~r a total of 160 fs~t, with 12- fooC wide lanes. Commissioner ilerbst noted that the subject property was part of a 1~0-acre parcel of undeveloped land; that a compl~±e circulation system was important to r.onsider at this tlme; that th~ entire ur~eveloped land ne~ded to be serviced and the subject developer should help service Jt; and that he did not favor restricting tht -feveloprnent of the r~mainder of the property in this manner. The Plr,nning Commission entered into discussion with the developer and City Staff r~c~arding slgnaltzation in connection with the proposed access to the subJect property; whereupon~ Mr. Stenton stated a signal should be Installed at Paciflco Avenue and State College Bc~,rlevard, and altliough they felt it would be bPtter not to have a signal at Katella Avenue~ but on Lewis Streex~ they would be willing to install a signal at Kate'la Av~nue~ Mr. Singer advised that he had not ~onsidered the suggestion to control traffic at ~ewis Street~ rather than on Katella Avenue, and that he did not feel Lewis Street was in any way related to the ~irculation of the subJect property. The Commission discussed the possihillty of a median on Katelia Avenue to prevent left tur~~ in and out of the aubJece property and it was yenerally agreed that a medlan would also restrict the use of the pro~erty t~ the north of Kptella Avenue~ and that the ~ ~ ~ MI ~IU'fES , C I T'f PL1lNNl NG COMt11 SS I ON ~,lanuary 19 ~ 197(~ CONDITIONAI. USE PERMIT N0, 15a7 (C~ntfnuedj 7G-19 intdrsectlon of the prc,poseJ private s*.rest anct Katella Avr.nue was too close t~ State C~llage Uoulevard for a trr~Pflc slryn~l, Commis~i~ner Morley ~uggested that the im~rpss anrl egress lo the privAt~ street from Katella Avenue be constr~ctEd in a manner to rnstrict the left turn n~vemerC of tr~fPic; whereupon, Mr, Sinyer advised khr~t was hls recommendallnn, tak.in~1 in[o consideratlon that the rema(nder of the undevelnp~d property ~NOUId ~e ~levcl~ped in ~ like ms+nne:r to that beiny proposeJ. Thereupon~ th~ petltloner stipulntecl to ~.onstructing acceler~~tlon and Jeceleratlon lan~s~ cnnslst(nq of curbs~ t~ restrlct left turn vehicular movement in and out of the subjecr property alone~ Kat~11a Avonue, and :o cubroit to the Traffic Uivision an acceptable cn~incerlnn plan relativn to s.iid construction. Commissioner Barnes q~iestlaned whether a mecllan would be constructe~i on State Lollec~e Boulevard; wh~re~~pon, Hr„ Sln9er sCa!~,~{~ in his opinl~n~ th~~t a medlan shauld be constructed on sald stre~:t soutt~ of Paclficn Avenue, sald meciian to be construcced concurrently with the subJact pr~posal in order to mltigr~te any Puture prc;blems~ Mr. Singar further advis^d th~it, in the case of the Anahelrn Shores proJect~ fhe cost of the medlan was borna by the dEVeloper; that the med!an would be planted anc1~ ioll~wi ~ tts acceptnnc~. the C(ty would maint~~in It; and th~it ;he median wouid stop shcrt of L'tie Anahelm Stadium entrance. Mr, Stenl•on stlpulated to constructiny sald planted med!an on State Coller~e Doulevara, as discussed, Further discussion pursuecl reqardinq the manne. in which the t.rafffc would be controlled at the Intersectlon of tlie proposeJ prlvate street and Kat~lla Avenue~ Juring whlch Commissioner lierbst noted that a study would naecl to be conducted in order to determfne whether a medlan in K~tella Avenue wo.~ld be appropriate in vlew of the existing access to the prnperty to thr. north of Katella Avenue. In t'esponse to yuestloning by Commissioner Tolar, Mr. Stenton 5tipulated to ellminate several of the uses shown on the list af restrictive commerclal and offfce uses which miqht be fiature tenants of the subJect development. the resultant ilst of uses to consist only of mortgage ancl finance companies, investment security companies~ insurance companies - hrancFi or liome offtces~ in~uranc~ agencles anci brokerage firms~ real e~tate firms - investment~ commerc(al and industry only~ title and escrow companies, attorr,eys~ CPA's~ advert(sing~ engineerln~ firms - consulting, architects~ marketing research~ interior decoratlon, management consultants, travel agencles~ and tra(ning sct~ools related to sales promotion~ mana9ement sk.ills~ advancement~ etc. Commissloner Nerbst noted that approval of the proJect Should definitely be with a condition for a public~ rather than a pr(vate, street standard to give the ather undevelo~+ed property an opportu~iity to dcvelop properly; whereupon~ Chairman Farano noted that~ in !.is opinion, the Commission should either accept the offer of tne developer concernfnn ctrculation~ or delay the decEsion for an area development plan so that all the necessarY fnformatlon wauid be available for consideration. Commissioner Herbst further noted that h~ agreed that :here was a need for an area development p!7n; however~ he was convinced th~~t the study would lnd~cate that a standard width street would be recommended and thr:~ by requlring such a street aC this time~ the dcvelo~er wuuld not be delayed; that he c:. ~~ visuallze the traffic that would be generated when the tot~l 100 acres was devc:l•~,..;d; and that~ from previous experlence, the Commiss!or~ had seen many beauttful renditrons of hoa~ properties would be developed and later ~n the properties changed hands and dlfferent plans were submitted for approval. Cummissioner Herbst offered a motion, seconded b~~ Commissiuner Johnson and MOTION CARRIEQ~ that the Anaheim City Planning Commission does hereby recorrmend to the City :oun;.•il ~f the City of Anaheim that the suSJect pr~ject he exempt from the requirement to prepare an e,vtronmental ir+pact report, pursuant to the provisions of the Callfornia Environmental . :y Act. ,~~~,,~ssione- Nerbst offcred Resolution No. PC7G-7 and moved for its pASSage and adoption~ that Petitlon for Conditional GsC Permi2 No. 1587 be and hereby is granted to permit a planned industrtal complex ~~~t*h commercial uses and r resta~~~a~~ in the ML Zone~ s;.~bject to the stlpulatfons of thr~ ,ti~ner to orovide a means of restrictin~ left turn vehicular in~ress an~l eqre~5 to the subJect property from Katella Avenue~ said means to be subJect to the revlew and approval ~f the City Tra~f(c Englneer; that a planted median shat) be conStructed on S*_ate College Boulevar<1, es '~tipulated to by the petltioner; that ~ ~ MINU7CS~ CIT'r PLIINNING CQMMISSION~ Januery 19- 1976 CONDITIaNAI. I;SE PERM17 N0, 1587 (Continued) _~~~~ 76~ 1.0 the camm~iclal uso~ of the suhJact propc+rty shali be reatrlcte~l to the speciftc ~.ises outlined !n the foragoln~t minutes~ subJect tc~ review and appruval of the Plannlnn Depart~ent In order tliat a determinnt(on mAy be made as to whether the proposed use would be ~ppropriat.e for tha slte ~n~l whetl~er sufflciont parking was provtelecl on the property to accommoclat~ an addltlonal parking dnmand created by such a use; that r privr+te st-'est constructod to puhlic s[rer,t st.~ncl~rds shall be provlded un the norLherly parce) of the sub,Ject property; .~n~l subJ~ct to tl~e Inter•departrnenta) Commltte~ r~cammendatfons. (°~°.e Resolutlon fiook) Or~ r:,t' call ~ th~ fc~reqoin~ resolutlon was passe~l by ths f~llowinc~ vote: Al'F.S : COM~1) SS I QtJ[RS : BAR~IES ~ HERBST ~ JOHIlS(~~J ~ K I NG, TOLAR NOES: CQMMISSIO~IERS; NORLEY~ FARAt~Q ABSE.N7: COMMISSIO~IERS: NONE Cha(rman Farano and 1.~.~missioner M~rlcy indlcateJ they na~f veted "na" on the basls oF the speclfics sel forth in Ltie foregulny resolution for the pri~date street to be c.mstructpd to publtc street standards ar 52 feet from curb to curb; and that thr.ir preference would have been to have an area development plan prior t~ takln~ the actton. Commiss(oner Morley edded :hat the developers would only be restr~cring Chemselves with the ~iQ-foot wide street, as proposed. VARIA~JCE N0. 7_7G8 - COtITI~lUEf) PUBLIC HEARING. WII.LIAM D. EHRLE~ 2211 East Romneya Drlve~ --'~- Anaheim~ Ca. 928~6 (Owner); requestiiig WAlVER OF (A,) PERI~IITTED USES AND (R) PERMITTED SIGNING TO ESTABLISN AN OF'FICE on property dcs- cr(bed as a rectan~ularly-shapeci parcel of land consisting of approxlmately ~.15 acre located at 'he soutl~e~st corner of Viking Avenue and State College Boulevard, haviny approximate frontages of t~ feet on the east side af State College Doulevard and lOq feet on the south sicie of V1~1ng Avenue~ and further descrlbed as ~33II South State College ~oulevard. Property presentlY classifled as RS-72~~ (RESIDENTIAL~ SINGLE- FAMI LY) ZUPlF.. The subjec2 peC(tion was continued from the Planning Cammission meeting of December 22~ 1975~ for a revlew ofi the 1967 "~esiden~(al Nomes Fruntinq on Arterlal Highways" study. No one ind(cated their presence in opposition to subJect oetition. Althouy;~ the Staff Report to the Planning Commission dated January 19~ 1976~ was not read at the publtc hearing~ said Staff Report is referred to and made a part of the mtnutes. Assistant Zoning Supervlsor Allan Oaum reviewed the c~iteria used in choosing eligible res;dential sites for commercial office use: (~) the proximity of the site to an intersection of two arterial higl~ways, (b} tt~e proximity of the site to exi~ttng comenerclal concentrations~ (c) the commercial potentiai of the prope~ty as shown on the Anaheim General Plan, and (d) the traff(c loacl on the adJacent arterial hi~hway. In term, of mseting the foregoing criteria, Mr. Daum potnted out that the subject property was not located et the intersection of two arterial highways~ but fronted on a primary arterfal htghway (State College Boutevard) and sided o~ a local street (Viicing Avenue); that the subJect property was not adjacent to commercial property~ but was located acroSS St~te College Boulevard from commercial offices and small shops (the nearest commerclal ~ises on th~ east side of State Cotlege Boulevard being located approximately 200 feet to t~ie narth and the homes Immediately north~ south and east were zoned and used as single-faTtly residences - RS-i200); and that the Anaheim General Plan designated subJect property for low-density residentlal use. Mr. Willlam D. Ehrle, the petitioner, appeared before the Planning Commission and took exception to Staff's ~orclus~ons~ as noted by Mr. Daum~ stating that State Coll~ege Boulevard was one of the busfest streets ir~ the City of Anaheim and~ for that reason* the area was more subJect to translYlon; and that, i~~ his opinion, ali of the properties alang State College Boulevard between Lincoln and Vermont should be considered for cornmercial uses. M,. Ehrle continued by stating regarding proximity to commercia'I conccntratlo~is~ ~ 1~ ~ MINU7FS~ CiTY PLAN~iING CUMMISSIOf~~ ~anuary ly~ 1~76 VAkIANCE N0. 2768 (Contlnued) __..._._.___._.. ](~21 Ch~C hc did noC feel his propcrty cauld be closer to c~mmercial than by beinq Juyt acro4s the sirecf.; that he was approxirnetely 12i~ feet nwoy fr~m t:he Lucky's superinarket, whlch he felt was I~e~vy ccxnmerclal; that he woulcl be using his residenc.e fc~r research ~~nd study ond he h~d only one automobfle which he woul~ bu t~king in nn<I out of the property cm Stote Coile~e Boulevard; that slnce l~)73, ~~PP~'~xlm~itnly 1~~ prope~tl~:s alo~~~ StatP College BQUlevard~ south of Lincoln Avenue~ hnd ~e~elved ;ipproval for the s~'-mc type of classlffed us~ of thelr propcrties that he was requcstin~, TNE PUR1.If. }IFi~kING WAS Ci.OSED. Commissioner Tolar inquired ,•~hy a v~riencc application was filed~ rather than a conclitianal ~ise permit ~np~i~-~ti~~~, for thc propo3ed uae af the property; whereupon~ Mr. Ehrle stated ftir was a~Jvised by C!Ll S!~ff tha*_ inntmuch as he planned to rent out a portion of t}~e b~~ilciln~ f~r an~ther o,fice, a v~rlonce was required. Zoning 5upervisor Annikn Santalahti ad~~ised that. the petiticx-r.r was proposing a use which was not permitted in i re.sidential zone; th~t ~,c was canverr.ing the entire strucCure to commercial use; and~ r,i,..-e'~'ore, a varlc~nce ap~.earecl [c be appropri~t~ for the specif(c use. In resnonge to further q~:stionlncl by Cammissioner Tolar, Deputy Ctty Attorney Frank Lowry adviKed that a ttme limit: coulc! be Imposed upon the subJect v~rlance, If approved; however~ rlme limit~ f..r canJitlonal use permits were less cilfficult to enforce. Comr~issloner Marley noted tf~at hp haJ observed three mailboxes for the suhJect property; whereupon~ Mr. Ehrlc st~ted one was for his mother~ one o~as for his public relations buslness, ancf one was for his special mafi, The Pl~nnin~ Commis~, i ex~~resseci conce~n that the property may not always be owned by Mr. Efirle and thit problems mic~ht result from other uSes; ,md~ ac~-~~rionally~ that the pekitioner ~das orop~sina more than one use. of the property. Ehrle interJected that renting part ~,f the b.iildln~ fer anoChf~r office was only a;~sibiiity~ not an absolute. Mr. Ehrle stated he was a member of Anaheln~ Beautiful and was trying to promote an aesthetlcally bea~tifui ~se ~n the sub,ject oroperty. Commissioner Tolar cortmented that th~ next door ne(c~hhor mi~ht want a commercial ~~se also but lt might not be as beautiful as Mr. Ehrle's property. Comml,sioner ti°rbst noted that the ~~~a,jor problem which would result from a reclasa(ficar,Ion of the subJect ~rea to commertial was the drastic effec~s on tt~e other residences and tt~e neiqh'~or!iood streets, i.e.~ Vermont Avenue, Vikin~ Avenue and Resada Street~ unlr.SS an area development plan was undertaken to determ!ne whether access polnts could be pru ide~l aihnu State College ~loulevard for groupings of the residential Froper- ties ta be Converted, Camnisslaner T~lar noted t~~at the use of the subject property would be restricted by the type of use and parlc+n~ rPquirements therefe~. Ch~^.irman Far~no n~tad that although the location of the subJect propertyo beii~g adJacent to r.o;nmerclal~ had sorre merlt~ it appeared thAt the southerly one-half of the residences bptween Viklnc~ anrl Ver•mnt Avenues along State C~lleye Boulevard r+ere not adJacent to cnrnmercial develo~rncnL an~l, therefore~ an area developmen: pl~n w~uld be needed to defir.e the cfrculatlon and usc of the properties and the surrounding area, He further noted that accardtn~ to th~ -~ay tiie residential proper[ies were allowed to convert or be redeveloped as com~~~ercial, some of the remaining adJacent residential properties may have to pay dearly by h~ving their alley used for access, ett.~ for the coinmercial. Commissioner 7ola~ noted that, if approved~ th~e subJect var(ance should be for a time limit~tlon, durin~ whicl~ time an area developmant p~an should be prepared to give airection t~ tiie Planninc7 Commission. Chairman Farar~o questionecl whether the Planning Commission wauld be able to deny simllar a{~pl'~:.tlons tn the subject area du~ i~g th~ :r^!°- llmitacict~~; ti~iereupon, Commissioner Tolar natad that each appllcar.ion should be considered on its own merlt~ however~ any adaiti~~+~al requests~ if approved~ should also be witl~ a time limitation to expire at the same time the SubJett v.~rlance expired~ so that the area developm~nt plan could make the fina~ detmrmination, ~ ~ ~ MINUTES~ CITY pLANNING COMMISSION~ Janunry 19~ 1976 VARIANCE N0, x768 (ConClnued) 76-22 In r~asponsa to quest.loning by Commissioner Nerbst~ Office Englnr,er Jay Titus Advlscd that tha allny ta tha east of :;ub)cct property was a standard 20-foot wtdr alley and would handle tr.a-ti•+ay trafflc. In ~esponse tu questlonlnn by Commisslone+r King~ Mr. Ehrlo statad hs woutd have no more th~+~i two call~srs pnr d~y In c~nnectinn with the pr~poaed u~e; and ha stlpulated that tha property sh~~i) ba for his personal oFffte use only and no po~•tlon of the property wuuld be ronted for use by others. Commissloner King auastloned thc nocd r~r thes 7-3yVt~IC`~~~t~~ aiyn; And Commissloner Mor',ey noted that If tho use was Iimited to Mr. Ehrle's personal oFfice use ~nly~ no advertlsement ko generatc walk-in customers would b~s permitted; thcrefore~ a 1-square-fooe slgn would be r~dequ~te, Commtssloner Tolar offered a rr~tlon~ ~econuaJ ty Commts~Ioner Kin~ and MOTION CARRIED. that the Anahelin Clty Pl~nning C~mmisslon does hereby recommend to the City Counr.ti of the Clty of Anahelm th~t the subJecx project be exampt from the rcqutrement to prepare an envtronmental lmpact report~ pursuant to the provtslons of the Caltfornla Environmental ~,ua I I ty A~t . Coinnissloner Tolar offerod Resolutlon Plo. PC76-8 and moved for tts passaqe nnd ocloption~ that Petltlon for Vartance No. 2765 br and hereby is granted for a timN limitation of two years~ subJect to r~vtew and consideration for an oxtenslun of tlme~ ur~on wr(tten request by the petitioner; subJect ta the stipulation of the petitioner that 'che p~operty shall be for hls personal offlce use only and no portlon of the proparty shall be rented for use by ~thers; that the requested watver of the permitted stgntng i:~ hereby ~ienled on the basis that a sign 'arger than 1 square foot is not necesRary since the pr~perty 4s for the petltlonar's own use and no advertisement to ge~crate walk-in customers is permitted; that tha Planning Commission does hereby dlracC that an Area Davelopment Plan for the subJecc aroa be inittate~i in order that by the end of the tl~ra limitation granted fo~ this varlanc~o the aE~proprtateness of the use as a permitteu use in the area may be estabtlshed; and subJect to th~ Interdepartm~ntal Gortmittee reconxnendaLions. (See Resolutlon Bflak} On rol! call, the foregoing resolutior- a~as passed by the followin~ vetc: A:'ES: COMMISSIOlJERS: BARNES~ HERBST~ JOHNSO~l, KING~ MORLEY. TOLAR~ FARANO NOESa CQMMISSIOt~FRS: NONE ABSEN7: COMMISSIONERS; NON~ RECESS - At 3:1~ p.m.~ Chairman Fara~o decla~ed a recess~ RECOP~VE~iE - At 3:3~ p.m., Chairman Farano reconvened the meeting w3th all ~~-~ Commissioners beinG present. ~ s MINUTES, CITY PLANNING COMMISSION~ January 'y~ 197G 76-Z3 ENV I RONMC.~ITl1l I MPACT - PU[lL I C NEARI tlG, DORf17HY [I. TRAVI S~?.I 14G ksp^ranza Road, 92~~1 and VIRGINIA RICNARQS A~ID ELLF~ TTE C REPORT N0~1G7. ' a. Anahelrn, flBERG 912 Tuwer Street~ Sanfa Ana~ Ca. ~27Q3 (~ners); Vl1RIAtlCF NQ. ~77~ ""'-"""'-""^ CORP., 6~(~ Sourh HI11 5treet~ Los Arc~eles, Ca. )~~lh and 17f107 Sky PArk Uoulevard~ Irvine~ INC. Il1TES 6 ASS~f O TFNTATIVE MI1PS OF ~ ~ , LI: M~D Ca, ~271~~ (Agents). Property dr.scribed ns an irre~ularly- roxim~~tely 2G.4 acres f a i i TRACT Nf1S. ^If,~1, pp ng o st shape•1 pircel of land cons a frontage of approximataly 2~3~~ f~et nn the no~th sfcie havin 917~~ q~~) q~~p 9172 (REVISI~~I q of La Palma Av~nue~ havl~g a rt-a~cimum depth of approxlmately roximately B~~ feet wesC of the d a l N(1S. 1 ! pp ocate 2~5 feet~ arid hefi~g proposecl Welr Canyon Road. Property prc~ently classified as ' LONE. RS-A-li3~~~~(SC) (RESIDEtJTIl1L/AGRICULTURl11.-SCENIC CORRIDOR) ST: UF VARIANCF RF'~ WAI Vf:R 0~ (l1) MI Ni t11!M DU1 LDI tdf; S ITE WI ~TN AND (H) REQUi REMENT THAT ' , . ~H4lAYS. S ItIGLE-Fl1M1 LY STRUC'~URf:S REAR-OIJ ARTFRI AI. !i 1~ T'ITl1TIVE: TRIICT R[QUF.STS: TMCT N0. 91G9 - 3~ RS'S~~~~SC) lots - 7.5 ~cres ~3 RS-500~(SC} lc~ts - 6.3 acres -? ' . )17n TitAC i PJO. TRA~T N0. 9171 - 2~l RS-500~(SC) lots -~~.5 acres TRACT N0. 9172 - 25 RS->~ M(SC) lots - 6,1 acres The subject ite~s were continued from the Pl~nn(ng Commisslon mcetln~ of Decemoer 22, 197~~ for revlew of the EIR document, ~~nd from January 5~ 1~76, for the submlttal af revlsed plans, to elimin.~te one of th~ walvers, and site plans showinc~ houses plotted on tlie lots. No one indicatecl their presence in opposition to Che suhJect items. Althougl~ the StafF Report to the Planning Co„missi~n dated January 19~ 197~, was not read at thP publlc hearing~ sald Staff Report is referred to and macie a pa~t of the minutes. Mr. Milt Madole~ the aclen~ for the petitioner, appeared be`ore the Planning Commisyion and explained the revlse~l plans, stating that the lots on the cul-de-sacs hacl been adJusted to eliminate thc~ need for the waiver of the minimum building site width; that they were now proposinc; to h~vp 113 1ots, rather than 11G lots; that S~~val~ofsthe,finallltract ~psted on the lots wo~ald be s~ibmitted for approval prior t~ app 7NE PUBLiC FIFARING WAS CLOSED. 1'I~e maJority of the ~lanning Commissioners expressed concern that more than five lots were proposed on the cul-de-sacs and were (n confllct with the policy of the Plannfn~ Commission in that regard. !t was noted that ~~n-street park(n~ probiems f~~tathatrthe~ted from too many lots on a cul-de-sac ard the Planning Commission generally nurnber should be limlteci to Pive. Cummissi~iner Herbst noted that in Ji~w of the fact that the proposed houses wauld have to set back 100 feet from the adjacent rdilroad tracks, and 25-foot front setbacks were proposed, making the lots exceptionally deep~ and with four t4 five on-site parkin~ spaces~ there appeared to be sufficient justification for the devlatlon from policy. Commissioner Morley offerecf a motion~ seconded by Commissioner K(ng and MOTlfttl CARRIED~ tliat Envtronme~~tal Impact Report No. 162~ having been consl~ereci this date by the Anaheim City Plannincl Commiss(on and evidence, both written and oral~ having been presented to supplement sai~l draft EIR ~lo, 1G2~ the Planning Commission helieves th~t salci draft EIR No. 162 aoe, conform to the City and State Guldelines and the State of California Environmental Quality Act an~~~ based upon such information~ does hereby recommend to the City Council of the C~ty of Anaheim ti~at they certify said ~IR Nu. lh2 is in campllance wlth said Environmental Quality Act. Cortx,~tssloner Plorley offered Resotution Nn. PCJ6-9 and moved far its p~ssage and adoption, that Petition for Varlance No. 2770 be and hereby is granted, in part, on the basis that the r°questecl waiver of the minimum builciing site width was withdrawn by the petittoner by virtue of the revised plans which inclicate compiiance with said Code requ(rement; granting hiehwaqseon thcabasls~ofttherunusu2l~topographynofethemlandsandctfurtherarthatatherial ~1 Y ~ ~ MI~~UTES~ CITY PLANNING C~MMISSION~ JAnuary 19~ 1976 7G-24 ENV I RONMENTAL I MPACt RCPART N0, i 62 ~ VAR; ~, ..E N0. 2'1 %0 ~ AND T[t~TAT I VE MAPS ~F 7Rl1CT NOS. 91G~, 9170~ 917i AND 9_i2 (Ravislon Nos, 1- (~ontinued) __ Flflnnin~ Commission has c~ranted simil~~r waivurs In thc past; subJect to thc IntcrdeparCment~) Committe~ recommendatlo~s. (5ee Reso~ution Book) On roll call, the forcnoln~ resol~~ti~n was pnsse~~ by iho following vate: AYfS; C~MMISSI~Nf.RS: R~RNES, HERRST~ JQN~~~Otl, KINC~ MORLEY~ TOLl11t~ F~RI1N~ Nc1f.S; C~Mt~11SSInNF.RS: N~NE AQSCNT; COMMIS5fONERS; NO~~E The Plannlnn Commission nenerally concurred to impose a con~iit(~n on e~ch uf the subJect tracts to requlre thar, ttie petitianer submlt ftnal speciFic flo~r pl.ans~ elevations and ploi plans to thc. City ~nunc(1 for approval prlor to the appro~al of the flnal tract m~,ps. r~~micytnnPr MorleY offered ~ rrx~tlon~ seconded hy f,ommissioner King ~nd Mf1TInN CARRIE~~ that che An~heim Clty Plannin~ Commission uoe~ i~e~el,y approve Tenr.~rive Map of Tract No. 9169~ cons(st1n~ of 3? lots, on the bas(s that the proposed su6divlslon togethei• with It5 deslc~n and ImprovemAnt Is consistent with the City's General Plan, ~ursuant ta Governmen~ Code Sectlon GG~+73•5, and subJect tn the followtnh cc~nditions: 1. That the approval of 7entative Map of Tract No. 9169 is c~ranted subJect to the approval of Varlance No, 27'10. 2, That should this subdivision be developed as more than one subdivisfon~ each subdlvision thereof shall be submitted in tentatlve form for approval. 3, That~ In ~iccordance with City Counctl Policy~ a 6-foot m~sonry walt shall be c:onstructed on the so~~th property line separating Lot Nos. 2~~ through 32 and La Palma Avenue. Reasonable lanclscapin~~ including irrlgati~n facilities, shall be ins:alled fn the unc~mentec~ portion of tl~c~ arterlal hic~hway parkway the full distance of said wall, plans for said landscaping to be submitted to and subJact to the ~pproval of the Supe~intencient oF Parkway Maintenance; and following Installation ancf acceptance, the City of Anahelm sh~all assume the responsibiliCy for maintenance of sald landscaplnq. 4. 1'hat all luts within this tract shall be served by underground utllitles. 5, That ~ final tr~ct map of subJect property shall be submittPd to and approved by the City Council ancl then be recorded (n the Office of the Orange County Recorder. 6, That ihe cavenants~ conditions~ and restricttons shall be s~abmitted to and approved by tl~e City Attorney's Office prtor co Cit;~ C~uncil approval of tlie f;nal tract map anc~~ further, that the approved covenants, conditions~ ancl restrictiors shall be recordPrl c.~ncurrently with the fin~) tract map. 7, That prior to fiiing the final tract map~ the applicant shall submit to the Cie~ Attorney for appro"al or denial a complete s~nopsis of the proposed functioning of tlie operating corporation, including but not limited to the articles of incorporation bylaws~ proposed methods of management~ boncling to insure malntenance of common property and bulldings~ ancl such other informati~n as the City Attorney may desfre to protect the Ctty~ its citizens, and the p~irchasers of the project, 8. That street names shall be approved by the Glty of Anaheim prior to approval of a final tract map. 9. That the owner(s) of subJe~t property shall pay to the C(ty af Anaheim the approprla±e park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the t(me the building permit is issued. 10. That draina~7~ of said property shall be disposeci of in ~ manner satisfactory to the City Engtneer. If~ in the preparatton of the site~ sufficient grading is requfred to necessitate a grading permit~ no work o~ gradin~ wfll be permitte<1 between October 15th and April 15th uniess all required off-site drainage facilities I~~ve been installed and are operative. Positive :~ssurance ~hall be provided the City that such drainage facllities will be completecl pric~r to October 15th. Pfecessary rlght-of-way for aff-s(te drainaye fac:illties shall he de~iicated to the City~ or the Clty Council ,all have initiated condemn~tion praceeciings therefor (the costs of which shall be borne by thp developer), prior to the commencement of gradii;g oaerations. The requlrecl dralnage factlit(e5 shall be of a size and type sufflcient to carry runoff waters originating from hlgher properties through sald property to ultim,~te disp~sal. as approved by the City Engiii~er. Satd drainac~e facilltles ~hall be the flrst item of constructlon and sha',1 be compieted and ue `unct!onal throuc~hnut the tract ancl from the downstr~am boundary of the property to the ulttmatc polnt of dlsposal~ prlor to the issuance of any final bu({ding inspecttons or occupancy permits. Drainage dtstrict reimburs~ment agreements may be avrtlable to the devel.~Ners of said property upon their request. ~ ~ ~ MINU1'ES~ CITY PLANrlING COMMISSION~ January ~9~ 1g7G ~~"Z~ E~~VIROt~MENTA.L IMPNGT REPqRT N0, iG2~ VARIANCE N0. 2770, ANQ TENTATIVE Ml1P5 OF TR.ACT NOS. c~~~,y, 9~~~_~~~~ ANO g172 ~Revislon Nos. 1) (Continued)- 11, That ~r~~din~, exciv~tlon, and ~11 ochrr construcllon actlvit~es shall be con~lucteci ~r siach o manner so as to minimlze the po~siblllty af any silt orl~~inating Prom thls proJect beinc~ c~ri led int~~ th~ 5ant~~ A~tia River by storm wnter arl~inaClnct fron~ ~r flowlnn through this project. 12, That che clevPloper shall obt~~ln from the OrHnge County Flood Gontrol D(strlct~ a t~avar~able flood hazard let.ter~ ~cceptablo ~o the Clty of Anaheim, 13, If pcrmanant strec:t name~ si9ns h~ave: not becn tnstalled~ temporary 5treet name signs sh~il he insti11e~1 prlor to Any occupancy, 1~~, ThAt Oran4e County Flooci C~ntrc?1 QlsCricl facility E06~S01 sholl be constructe~ to the standards of~ ancl as o~prov~~d by~ ehe Orange County Flood Cont ml Dlstrict. 15• That no storm runoff w~t~~ shal) b~ permttteci to flow from sub)ect tract onto the surface ~f thc trave'ed wAy of La Pa-ma Aven~;e. 16. 'I'h~t prlor to the approval of the ftnal tract m~~p, the pet(t(oner shall submit flnal speclfic ~loor pl~ns~ elevations~ and plot plans eo the Cfty Counc(1 for appr~val. Commisstoner Morley ~ffered a m~tion~ seconded by ~omml~sioner M.ing and M4T101~ CARRIED, that the Anaheim f.ity Planning Conunis~lor daes hcrchy appro~rP TPnt,ative Map of Tract No. 9~7~, c~nsist(~~g of 2$ lots~ on the hasis that the proposed subdivision t~gether wi*.h its deslqn anrl improvement is cans~stent witli the C(ty's Gener~l Plan, pursuant to Government Cod~e Secttcsn (~h473.5~ an~1 subJect to the following conditlons~ 1, That the approval of Tentatlve Map of Tr3ct No. 917~ is c~r~nted subject to the approval of V~~rlancF No. 2770. 2, That sf~oulci rhis subdivl~icn be developed ~.s m~re than one subdivisirn, each subdtvisio~~ thcre~f sh~ll be submitted (n tentar,lve forrt~ for approval. 3. That~ in accordance with City Council Policy, a 6••foot masonry wall shail be constructed on thu south property line sep~~ratinq !ot Nos, 1 through G and La i'alma Avenue. Reasonable landscaping~ inclu~iing irrlgation facilitle~, shall be installed in the uncemented port(on of the artei•ial h(ghway parkway the full discance of sald wall~ pl~ns for said lan~iscaping to be sub~~;ttted to and subJect to the approval of the Superlntendent of Parkway Maintenance; ana fnllowir~g fnstatlation and acceptance~ the C(ty of Ar~heim tihall assume the responsibili*_y for mai~~tenance of said tandscaping. ~,. Tl~at al! loxs within this tract shall be served by und~rgrouncl utilities. 5. That a final tract map of subJect proaerty shall be ~ubmitted to and apFrr~ved by the City Council and then be recorded in the Office of tlie Orange County Recorder. 6. That the covenants, conditions~ and restriction~ shall be submitted to and approved by the City Attorney's Off1cP prior to City Council approval of the final tract map and~ f~arther, that the approved covenant~~ conclitions, ard restrictinns shall be recorded concurrently with the final tract map. 7. 7hat pri~r to filing the final tract map~ th~ appltca^*. sha11 submit to the Cltv Attorney for approva! or denial a complete synopsis of the propased functioning of the opei~ating corporation, including but not limited to the articles of incorporatian bylaws~ proposed rnethods of roananement, bonding tn insure malnten~nce ot common property and bu(ldin~s~ ancl such other information as the City Attorney may desire to pratect the City~ its citlzens~ a~c1 the purcliasers of the pro~ect. a. That street n~rnes shall be appr~ved by the City of Aneheim prior to approval of a fl~~al tract map. 9. Th~t the owner(s) of subject property shall pay to Che City of Anah~~m the apwropriate park ancf recraation in-lie~ fees as determined to be appropr•tate by tha City Council~ said fees to be paid at the ttme tf~e buildinq permit is '~ssued, 1~. That dr~inage of sa1J property shall be disposei of in a manner sattsfactory to the Clty Englneer, If, in the preparation ~f the site, sufficient grading is required to necessitate a grsdin~ perm(t, no work on gr~ding wtll be permitted betwee~ October iSth and April 15tt~ unless all required off-site ~irainaye facilities h~ve be~n installed and are operative. P~sitive assurance shall be pro~~ided the City that such dra~na5e facllities witl be completed prtor to October 15th. Necessary right-of-way for off-site dralnage facilities shall he de~icated to the City, or the Clty f.o~ncil shall t~ave initlated condemnation proceedings therefor (the costs of which shall be borne by the ~~.,~~~~e.1~ ~rinr r;, ~;~~ ~ommencement of gradinn operations. The required drainage far.llttles shall bc of a size anci type sufficient to carry runoff waters ortginating from hlgher properries throuyh said proper:y to uitimate dispasal~ as approved by the City Enqlneer•. Said drainage faC(lities s!~all be the first item of constructioe~ and shall be completed an<1 be functi~nal throughout the tract and from thie ~1o~vnstreart: boundary of the property to the ultimate potnt of ciisposal~ prtor to the issuance of any final building inspections or occupancy permits. Drainagc ~f.~,trict reimbursement agreements may be available to the devtlopers of said prop~rty ..,pon thetr requcst. ~ ~ MI NUTF.S , C I TY F'LANN 1 NG COMMI SS I ON ~ Janua ry 19. 1976 7F,- 2G ENVI ~ONMENTAL I MPl1CT aEPORT NU. 162 ~ VARI ANCE DIO. 2770 ~ AND '1'EN7AT1 VE MAPS OF TRACT PIOS, g1G9~ 917~~ 9171 A~N~ 9172 (Revislon Nos. 1) (Continued) -- ---~_.,,,,_..,~,,,. - _.._ 11, That nracling, exc~~v~tion~ and .ill other constrnctlon activltiss sh~ll be from conducCecl (n sucl~ a manner s~ ~is t~ minimize the possib111ty nr any sllt orlginating this proJect beinc~ carrl~cl into the Santa Ana Rivcr by sCorm water orlc~fnattnn from or flowing tFirouc~h thi, p~o)cct. 12, That the ~levPlopsr sh~ll obt~tn from the Orange County Floocl Control Qistrlct~ a fAVarable flex~d h~~xar~l letter~ acce~table to the City of MAheim. 13, If perman~nt strcet name signs have not been Installe<i, temporary straet name cfgns sh~~ll be inst~lled pri~r to any occupa~cy. 11~, 'fliat Orancle County Floocl Control D1 ,trict facll tty EOG an<1 EOGS01 ~h~l l be constructed to the stancl~rrls oF, and as appraved by~ the Oran~e County Flaod Control Oistric.t. 15. That no storm runoff watr.r ~hall be oermittecl Co flow from ~ubJect tract onto r,he surface of the iraveled way of La Palma Avc;nue. 1G. That prior to the approval of th~ fln~il tract map, thc petittoner shall submit fln~l speciflr. floar pl~ns, elevations~ and plot plans to r.he Clty Councll f~r ~pproval. Commissl~ner Morley offered a motion~ seconded by Commissioner King and MOTIOF! CARRIED~ that tha Anahcim City Pianning Commis~ion does hercby approve 7entative Map of Tract No. 9171~ cunslstlnn of 2'i lots, on the basls tliat the proposecl subdivision together with Its design an:i impro~ement is consistent with the Clty's General Plan, pursuant io Government Code Sectl~n ~~~~~~73.5, and subJect to the followlny conditions: 1. 1'nat the approval of Tent~tive Map of Tracc No, 917~ is ~rar'te~i subJect to the approval of Vari~nce iJn. 277~- 2, That should this subdivlsion be developed as more than one subdivlsion~ each subdivlsion thereof sliall be submitted in tentative form For approval, 3, That~ in accordance with C?ty f,ouncil Pollcy, a G-foot masonry wall shall be constructed on the south property Ilne separating Lot Nos. 23 through 'l8 and La P~lma Avenue. Re~sonahle landscaping, includin~ irrigation factlities~ shall be installed In tha uncemented portion of the artertal highway parkway tlie full dlstance of said wa11~ plans for said lanriscaping to be submltted to and sub,ject to the approval of the SuperintendenC of Parkway Maintenance; and following fnstall~tion and acceptance~ the City of Anaheim shall assume the responsibility for matntenance of sald landscaping, q, 7hat all lots within this tract shall be served by unclerground utilities. 5, That a final tract map of subJect property shall be submitted to and approveci by the Ctty Courcll and then be recorded in the Office of the Orange County Recorder. 6, 7hat the covenants, conditions~ ard restrictions shall be subrnitted to and approve~ by the City Attorney's Office pri.,r to City Council appravai of rhe fina) tract map and~ further~ that the approved covenants~ ~ond(Cions~ anc restrictions ~hall be recorded concurrently with the flnal tract map. 7. That pr(or to filing the finat tract map~ the applicant st~all submit to the City Attorney for approval or denia) ~ complete synapsis uf the proposed f~,nctioning of the operating corporation, in~luding but not limited to the articles of incorporatlon bylaws~ proposed methods of management~ bonding to ins~~e malntenance of common property and bulldings, and such other informatinn as the City Attorney may desire to protect th~ City, its cltizens~ and the purchasers of the proJect. c~. That street names shall be appraved by the Clty of Anaheim prlor to approval of a ftnal tract map. 9, 'fhat the owner(s) of subject property shal) pay to the Clty of Anaheim the appropriate park anci recreation in-lteu fees as determ(ned to be appropri~te by the City Council, sai~ fees to be paid at the time the building permit is issued. 1Q. That drainage of sald property shall be disposed of in a manncr satlsfactory to the City Engineer, If~ in the preparation of the site~ sufflcient gradi~g ~~ required t~ necessitate a gradlny permit, no work on grading will be p~rmitted between October 15th and April i5fh unless atl required off-si~e drainage facilities have been installed and are operat(ve. Posttive assurance shall ba provided the City that such drainage facilitles wtll be completed prlor to October 15th, Necessary right-of-way for off-site drainage facilities shal' be dedicated to the C(ty~ or the City Councll shall have tnltlatecl condemnati~m proceedings therefur (the costs of which sf~all be borne by the developer)~ prior to the co~xnenceme:nt of grading operations. The requireJ dralnage factlities shall he of a size ancl type sufficlen~ to carry runoff waters originating from „iglier properties through satcl property to ultimate dlsposal~ as approved by the City Englneer. Salc! drain~gz f~clllties shall ba the flrst item of construction and shof,the completed ancl be fu~ctional throughout the tract and from the downstream boundary prnperty to the ultimate point of disp~sal~ prior to t~e issuance of any final bullding ~ • MINUT~S~ CIT'Y' PLANNING COMMISSI~~N, January 19~ 1976 ?5-^1 ENVIRONMCNTAI. IMPIICT aEPOR7 N0. 11,2~ VARIANCE N0. 277U~ ANU 7ENTATIV[ MAPS OF 1'IthCT NOS, ~,~~9,~,~,!,j~,9171~ ~7z (Revl~lnn Mos. 1~„ ContlnuRd _ ,..Y.~ Inspactlons or occupancy permits. Dralnag~ dlstrlct reimburseme~~t aclr•eernantz maY h~ avallnble to the ridvelopers ~f sald proparty u~:on thefr request. 11. T;int grading, excav~tion~ ~~rd all othor corstructlon act(vitlus shill be conducted in such a manncr so as t~ minlmlze the posslh(lity of r,r.y s'1: origlnntinc~ from thls pro)oc.t heln~ carrled into the Santa Ana River by storm water ~riginatin~ from or flowing throu~th this pr~.~ect. 12, That the ~feveloper shall obtaln frpm tho Orange County Floarl Contro! Distrfct~ ~ favorabin flo~d h~r..~rd letter, ncceptible to the Clty of Anahelni, 1~. If perm~~nr.nt streek n,ime sic~ns have n~t been installed~ C~~mporary stre~t name signs sh~ll be Installed prlor t~ any occupancy. lh. That no storm runoff water sht~ll be permittad to f~c~w from subJec:~ tract on;o the surfaca of the tr~vele~i way of La Palma Avenue. 15. That Street "D" shall be a full sCan~lard 6~+-Poot wide street, 16, That ,:rlor to the approval of the flnal tract m~p, th~e ~~etitloner shall subrnit finil speclflc floor pl:~ns, elevatlons~ and plot plans to the City Counc(1 far approval. Commisslonar Morley offered a m~tion, Seconded hy Commisslaner King and MOTION Cl1RRIED~ Ch~t the Anaheim City Planninc~ Commission cloes hereby approve Tentative Map of Tract No. 9172~ consisttnn of ?5 iots~ on the basis that the proposecl subdivislon togecher• with its dPSi~n ~~ncf lmprovement is consistent with the City's General Pl~n~ pursuant to Gavernment Code Section 6(~-i73.5, ancl suhJect to the following conditions: 1. That the approval of Tentative Map of Tract N~. 917? is nrantz~l subj~ct to the approval of Varl~ince No, 277Q. 2, That shoul~i this subdivisi~n be developed as more than one subdivtsion~ each subdlvlsion thereof shall be submitted in ten[,~tive form for approval. 3. That~ in accordance with City Coun~ll Pollcy, a 6-foot masonry wall shall be eo~structecl ~m the south property line sep~~rar.ing Lot Nos. 2n through 25 and 4 and La Pala~a Avenue. Reasonahle lanciscaping, including irr(gation facilities, shall be inslalled in thcs uncemented portion af the ~rterlal h~ghway Parkway the full dlst~nce of said wall. plans for salci lanclscaping to be submitted to ar~~' subJect to the approval of t~~e 5uperlnxen~lent of Parka~ay Maintenance; ar.d folloa~ing Installation and acceptance~ the C(ty of Anahelm shall assume the responsibilit~~ for malntenance of sai~l i:~n~lscaping. 4, That all lots wlthin this tract sliall be served by underc~round utiiitles. 5. That a ffnal tract map %f suhJect property shall be submitted to and approvad by the CiCy Council and then he recorcfed in the Office of the Orange County Recorcler. 6. That the covenants, conditions, ana restrlctlons shall be s~bmitted t~ ana approved by the (~ty ACtorney's Office prlor to City Council apFroval of tf~e final tract map ~nd, further, that the approved covenants~ conditions~ and reslrlctlons shall be r~corded cancurrently with the final cract map. 7, Thet ~rior to filing the final tract map~ the applicant shall submlt to the Clty l~ttorney for approval or der~ial a complete synopsis of tFie pruposed functioning ~f the operatlnn corporati~~n, i~~c',~~din~ b~_~t not limiteci Co the articles of incorporation bylaws. proposed methods of managemenC, bondinq ta insure maintenance of common pro~erty and bulldings, and such other infermat~on ~s the City Attorney may deaire to protect the City~ its citlzens, ancl the purchasers of the proJect. a. That street names sl~all be approved by th~ City of Araheim prior ta appr~val of a final tract rnap. g, TF~at tlie owner(s) of subject property shall paY to the City of Anahetm the appropriata p~rk ~nd recreation i~-lieu fees as determined to be appropriaCe by thc City Council~ said fe,~: to be paid at the time the buflding permit is issued. 1Q. 7hat draina~e of sat~ property shall be disposed of in a manner satisfactory to the Clty Englneer. If~ in the Fre~~ration of the site, sufficient ~rading is required to necessttate a c~radinc~ permit~ no work on grading will be permitted between October 15th and Aprll 15th unless all req~ire<i uff~site drainage facilities have been installed and are operetive. Positive assurance shall be provided the f.ity that such dra!nage facilitfes wiil be completed prlor to October 15th. Necessary rlght-of-way for ~ff-site ;±rainage facilltics shaii be dedicated t~ the Clty, or the City Council shal) have initlated condemnation proceedinas therefor (the costs ~r which shall be barne by the developer)~ prlor ±o the commencement of grading operaCions. The required drainage facllittes sF~~ll be uf a size and type sufficlent xo carry r~noff waters or(ginating from higher propertles thr~u~h said property to uleimaCe disposal, as appro~~ed by the City Engineer, Said dralnage f~cilities ~hall be the first item uf constructinn and shall be co:~pleted and be functional thrc,,:gheut the tract and fror~ the dawnstream boundary of the property tn the ultimate polnt of disposal~ prior to the issuance of any final building ~ ~^n ~ MI NU'I'f.S, C I TY PLANNI N(', COMM~ SS ION ~ Janu~~ry 19. 1976 %G-26 ENVIRONMENI'Al IMPIICT RFPORT N0. 162~ VARIANC[ t~0. 2770, AND T~.NTATIVk MAPS QF TRACT ~JOS. 91G9~ 917n~ 9171 AND ~172 (Itavisicn tJos_._ 1;~_ C,~ntlnueJ) -_- _,_ insn~ctl~ns or occu~+ancy permits. DrninanE~ dis[rict raimburser~ent a~reem~nts mey be AVi{IIAhIB tn thc ~Iev^lopars of sald propercy upon thelr requesx. I1. Thet grnciing~ exc~vatlon, and all other constructlon nctivities s~~~ll be conducteri in such ~ manner s~ as to miniml~e the posslhillt;- ~f a~iy silt originating from this proJect beln~ cArrled into the SantA Ana River hy starm water orlginitlnc~ from c~r fio:iing throuqh this pr~Ject. 17., Tl~nt the ~levc~loper sh~~ll ~htaln from the Orange Coun~y Flood Concrol Dlstrict~ a fnvorablo flcxid haxnrc! letter~ acceptable tc~ the City of An~3helm. 13, If ~,crrnnnen.°. street namc sic~ns hiave not been Installed, temporary 5treet namc siqns sh~ll he (nst~~lled prlor to any c~ccupancy. 1~~. That a street an~i a piiblic utility easemenC sliall be ob:alned across Lots 6~~ and 65 of Tra:t Plo. 7~~17~ ~s require~l for the ext^nslon of Allwc,od Circle; Aliwood Clrcle shall be rnconstr~icted as requlred by the f,lty En~~ineer; ancl an abanclonment request sh~~ll be prc,cess~d for iban~lonment of the excess rfyht-oi'-way fc~r the existinc) cul-de-sic on Allwood Circle. 1S, That no storm runefF water shall b~e permltted t~~ flow From subJecC tract onto the surface of the tr~velerl way ~~f l.a Palm~ Pvenue. lfi. That Street "A" shall be a full stanclard 6~~-Foot wide street, 17, That pri~r to the aprroval of the final tract map~ the petitfoner shall submit final spectflc floor plans~ elevations, and plot plans to the City Councll for approval. RECLASSIFICATI~t~ ~ RFl10VI~RTiSED PU[-LiC NEARING. RORER'f E. A~~~ RIGIARD S. D[IJ7L~Y. ~~~, ~ti-5~~~' 433 West l.incoln Avenu~, Anahcim~ Ca, ~24~5 (Owners; ; D0~~I1LO KROTEF.~ 35h`~ W~~clldnd P1ace~ ~anta l1na~ Ca. 927~7 lAgent); re.questing A!~1ENDMENT QF CONDITIONS OF AF~ROVAL on property described as a rectanUUlarly-shapeci parcel of land consls*.Ing of approxlmately 0.7 acre locatecf on the north side of Lincoln Avenue between La Pl~za and ~emeter•y Roacl~ havin~ .~p~rox~mate frontanes of 140 feet on the north side of Lincaln Avenue~ 215 f~et on the ea~ side of La Plaza. and 200 feet on the west si~'~ ~f Cemetery Road. Pr~perty pres~ntly clsssified CL (COFIMERCIAL, LIMITED) ZOt~E. Six pers~ns lndfcated their presence in opposition *.o subJect petition; and it was noted that one letter had been received in opposition, Assistant Zoninn Supervl5~~ All~n Daurn read the Staff Report to the Planninn Commission dated January '4~ 1976~ and said Staff Report (s referred to as if set forth In full in the minutes. Mr. Donalcl Krotee, the agent for the. petitioners~ appeared before the Flanning Commission anci reviewed the issues ~~ncf reasons (nvolved In the proposal to delete Yhe conditlon.; of approval of Reclassiffcation No. 5~f-55- »- "That there be no entr~nces on Cemetery R~ad" and "Th~~ that por[ic,n of Lot ~~ usecl for p~rkt~•ig purpose~ shai ! be fencecl atong Cemetery Road with a three-foot ornamental fence to enclosa the parking area", stating that they wlshtd to h~ve in~ress ~nc' egress from Cemetery Road (an alley); that there was a question as to whu owned G_ ,ete~y Road and had jurisdiction over its usaye; that~ in checking the records~ he had founcl that the alley was privately owned and was part and parcel of the cemetery located to the north; :hat presently it was difficult to manipulate vehicles in and out of the subject property on La Plaza~ and Cemexery P,oad would provide 3~~ easier access; that the trash collection trucks had to back up nn less than six tir~s fn nrder to access the property an~t if the pr~perty had access from Cemetery ftaad~ the trash trucks would have no Jlfficulties acces~ing tne property; that the petitioner lia~ questioned the ~+atrons ~f tlie restaurant at the subject location, and had a petition signed by ~pproxfmately ~~00 patrons Indicating they felt that access from Cemetery Road would help the access ta the p~rklny lot; that the number of vehicles using Cemetery Road for access t~ the subJect property would be so few that tt~ere would be little or no nolse gerierated; that thare was a tendency to commerciai zoning along Lincoln Avenu~~ wlth some re3idences presently having commercial uses in them; and that~ regarding safety for the school children in the area~ the petittoner had contacted the princ.ipal of the elementary school in the area who expressed th~~t there would be no particular hazard created from an action gi vine~ access to thc subJect property from Cemetery Road. M~s. Flora E. Stanton~ 1498 Eas*_ B(rch Street~ Anaheim~ apDearad bafore the Planning Conmission and stated her proper~y was directly adJacent ta the parkinu 1ot on the subJect propcrty; thai, regardless of how many people patronized a businesti~ those persons did not live ln the ~~ea and, thetefore, would not have to contend with the problems of the nelghbornoad; that she had been ln personal contact with the president of the PTA at the .... ~ ~ ~ MI rlllT[S, C ITY PI.ANNI11('. C~MM1 SS I ON ~,lenuery 19 ~ 1976 RECLASSI FICATI~N N0, 54-5;-11. (Contlnued) 76-29 elementary tichonl In thc area who lnformr_d her that the PTA d(d not appr~ve of the pr~~posnl ancl n letter w~~s belnn sent tn the C) ty so ~nclical)nry; thrt approval of the use of Cernotery Ru,~d coulcl not ->r, oht:~ined offlclally from th~ cemetery hut from the Orange County ffoarci of Suparvls~rs~ t~ her knowlecige. Mrs. Stnnton rcacl from a patftlon slc~ned by flpproximatalv ~0 pcrsons In opposlclon to the subJect request far uso of CPmotery RoAd and from a lettor from hersclf. Sha furthcr lndicated she ha~l opp~se~l the proposal for the meth~idone cllnlc at the suh ect locatlon and th~~t the petitloners were not pleascd wfth thc ~ppositlon, Mi'n, St~+nl~n presentcd the refercnced petitlon and letter for the C I ty' s recor~is , In rebuttal~ Mr. Krotee sk~ted thc Sanlt~tion Div(slon could subst~intlate that Lhe use of Carrx~t~ry Road wouicl nllevia;e tl~e trash collection problems; tliat the pol lc~ protr.ctlon of the alley woul~i he much great~~r If thers N!is a second entry whlch they were Propoaing; tl~tit the noise would n~t be a bic~ issue because of the low volume of trnffir. In the ~lley (Cemetery Rr.ad); ancl tha~ the Alley was private property and not cw+ned in any {~art by the C 1 ty c~r County , THF. PUBLIC HEARI~Ir W~S CI.nSFn. In response ta Mr, Krotee's coniments~ Chal rman F~rano n~ked that the C(*.y cietermined the inc~r~~s or e~lress, wl~eCher (t was prlv~7te or puhlfc ~r~~~erl•y. Mr. Krotec stateci if they coui~~ ubtaln approval to delet~ the ~~foremen-t~n~ri ~nn~litinns of ehe raclassification on the s ubJect property, then they would l~kc to enter int~ negotlatlons w(th the approprlate part i es for use of CpTetery Road; that the owner of recard uf Ceme:ery Road has been deceased since 19~~Q, and tlie property was in prohate; anci that, to his knowledge~ there was canly one taxpayc:r. Chai ~man Farano noted that it ~ppeared from tl~e exhibits presPntecl Lhat ttie subJect park{ng lo; was falrly well designed with ingress and egress that seemed to be quite adcquate, or as good as any he h.-+cl observed elsewhere; that by lookin~ at the exhtbits he could rot see any beneftt to be gaineci by the petftioner ln creattn~ another entrance Into propertY whfch did nut appear adequate *.o handle tr~fftc aoinn In two directions; that the traffic wo~.ld not be headed at the rlght anglc to turn into the proper lane of the alloy; however. a redesign c>° the parking lot t.o reverse the situation might solve that problem, but wou~d not Justif~ the posstble and potential hazards ancl increased trafflc over the alley, Mr. Kratee responded that many p~trons cntered the alley ard then found they could not get to tF~e restaurant from t.I1FrC~ to which Cha(rman Farana respondPd tlzat Cemptery Road might not be clearly marked, Chatrman Farano further noted th~t he felt all the patrons parking o~ tFie south side of the parlcing lot would probably use the alley if permitted to do so. Di scuss ton pursuecl re~ardinc~ th~ fence requ~ rement, during whlch i t was p~inteci out that the City Counclll~ad considered saici requirement sinc~ the initial public hearircl imposing ~:he eonditlon and that it ap~:eared the Qrnamentation of the fence was not st(11 a require- ment ;~dhereupan, the Planrting Commtssion generally agreed that the three-foot h(gh fence olas ner,essary and appropriate to adequately conLrol the tra°Cic generated front the use of the subJect property, although said fence need not be ornamentai~ and that the cable pres~ntly b~ing used to close the antrance unto Cemetery Road should be repla~ec~ immed!ately by t hc wa 1 1. It was noted tha[ the Dlrector of the Planning Uepartment had dete~mined that the proposed acti vity fell wlthln the deflnitto~ of Sectior. 3.01~ Class 1~ oT the Clty of i.~ahelm Gut del i nes to the Requi remtnts ~or a~ Envt ronmenial Impact Repart and ~as ~ therefore~ categoricaily exempt from the requiremesnt to file 2n EIR. Commissioner Tolar ~Ffered Resolution No. PG76-10 and moved for its passage and adoption~ tha t the Anahe im C I ty P 1 ann i nq Commi ss lon does he reby recommer,d to the C 1 t~~ C~sunc i! of the Cfty of Anaheim thaL :he request for deletion of conditior,s pert~ining to Cemetery Road~ in connectlon wlth Reclasslfication No. 54-55-12, be disapprove~ un the basis that app roval for ingress and egress to the sub~ect propPrty over Cemetery Road wo~fd G''C1L9 a hardship for the adJacent resldential properties and ts nnt necessar) for the ad~bntageo~s use of the subJect property; that Cemetery Road is not a feaslble e~trance to the subJrct property; that the Nroposei ts not nr:cessary and/nr desirabl~: for tht ordcrly and pr~per dev~lopment of thc community; that the prnposal does not properly relate tu the zones and thei r permitted uses locally astabltshed in close proximity to sub,ject property and to +the zones and their permiYtad uses gennrally established throughout the cortmunity; and~ ~ ~ ~ MiNUTF.S~ CITY PL~NNINf, COMM~SSION~ January 19~ 137E~ ;6-30 RECL~ ASS I r I CA71 QN N0, 5~~' SK" ~ z ( Cor~t i nucu j furthrr. chac the Planr.(ng Comnisslon da~s hereby recommend that b three~foot hlgh masonry wall~ in 1(eu of an ornamental fenca~ be constructed to enctose thn porking 1ot area of the suL,~ect property adaacent t~~ ~ometery~ Road to eliminatc any access to Cemntery iioad frc,m th~ su~Ject property. (Sce Re~olutlon Book) On roll call, the forenoln.~ resolut(~n wns p~~SSC~~ by the following vote: AY[S : C~)M111 SS I ~~iFR5 : B/1R~IF.S ~ HCRBST ~ J~NNSON ~ KI tIG ~ MQRI.EY ~ TOLAa ~ Fl1RI1~10 NOES: C~MMISSI~~IFRS: !!~?!!E ABSfFJT: Cl1MMISSIQIIERS: NQNf. CIIAIRMAtJ FARA~~(1 AND CQMMISSI~tIFR TOLAR LEFT THE COUIJCII. CHA~~E3E~t~ TCMP(1(iARII.Y~ AT 4:2U P,M. ENVIRQ~IMF.NTAL IMPACT - Rf.l1DVCRTISED PUBLIC IIEARI~~G. DUNN FROi'ERTIES CORPORATION RFPORT NQ. 123 c/o Ray Cfiermak~ 28 Brookhollow ~rive~ Santa Ana~ Ca. 92i~~ (Owner) r~questing C0~lSIDERATIOt! OF REVISED PLANS TO CONSTRUC7 REGLASSIFIf,ATIOW A COMMERf.IAL CENTER on property described as an (rregularly- N0. 7~-7~~°s5 shaped pa-•cel of land c~nsisting of approximaCely 13.6 acres '"°""° locatecl at the northwest ~^rncr of La Palma Avanue and COM~ITIOWA;_ USk Ftacnol i~ Street and havinq appr~ximate frontayes of 127c) rest PERMIT N(1. 11~h2 on the north xide of L~ Palma Avenue and 825 feet ~n the west side of Magnolia Street. i'roF~erty q!'C5L'fl'liy cla~slfte~ ML (INDUSTRIAL~ LIMITfn) ZONE. Commissioner K(nc1 note~- that he ha~1 a contii~~ eF interest~ as deflnecl by the Anaheim Muni~ipal Code Sectirn 1.1,~~~~ and Government Code Sectiun 3~~7.5~ et seq,~ in that he owned stock (n Pacific Litinq Corporation and Dunn Properties Carporati~r (the applicant) was afflliated with Paciflc Liting Corporatton; that pursuant to the provislons of the above Codes~ he was declarinc~ to the Chairman ti~at he was withdrawin~ from the heariR~ in connectlon wOth t~ie sub.ject items and would not take part in either the discussion or the voting thereon; :~nc1 thnt he hacl not discu5sed the subject matter w(th any member of the Planning Commissi~n. THERFU?~~1~ COMMISSIOFIEk KING LF,FT THE COUNCIL CHAMBEft, TEMPORARILY~ AT ~~:22 P.M. CHAIRMA~! FARAN~ RETURt~ED TO THE COUNCIL CHPMRFR AT 4:'l~ P,M. No one Indicatecl their presence in oppasltion to subJ~ct (~ems Although the Staff n~port to thP Planning Commission dat:ed January 19, 197h~ was not read st the aublic. hearinc~, said Staff Report is referred to and made a part of the minutes. Mr. Ted LaN ~'^presentinct Coldwe'1 Banker~ the agent for the petlttoner~ appeared before thp Pla~. ~ng Commission and stated that~ following approval of their origlnal development ~lans for the subject pr~oerty, they had experienced dlfficulttes in o5tafning the desired tenants and were faced with lack of fin~ncirq ~or the proJect; that they had initlally had tentat(ve interests but no contractual obll~ations ror occupancy of the proposed structures; that they were deleting tf~e 1200-se~~t thc:atre; that they ti~d have a Keno'a restaurant with St~F9 scauare feet and a Don Jose restaur~nt with 606f~ square feet~ and two office buildinc~s consistinn of 2~~1a6 square feet; that any aaditional development plans would be su~Ject Co the cendiCions and restrictlons of che Planninq Commission and City Council; ai~d that they were wi'.hdrawing their request for the varlance (PJo. 2598) in connection with the 7;-foot high banners oriyinally proposed, Mr. Ray Chermak~ Vice President of Dunn Properties Corporatlon, aFpeared before thP Planning Commissfon and co~firmecl that they had twa signed leases for th~ proposed restaurants ; that the two of f t ce bui 1 di ngs referred to i n tf~e Sta•Ff Rep~r: ::~re actual ly one bulldtn~ wlth two winqs connected by a bridc,e and ~oof structure; that upon recelvl~g appr~val of the current proposal, they intended to Nroceed immediately with construction of the two resta~.irants and ths office huilding, and wouid also proceeci xc develap the oerimeter landscaping~ particulariy on la Palma dnd Magnolia, as indicated on the plans~ to properly set off the proiect; that easements would be provided along the easterly and snuth~rly boundarles of r.hc ~riangular portlon of the property ta make an interconnection between the two maln driveways so that there would h~ appropriate vehicular atcess to all of the pi•~perties withtn the triangularly-shaped onrtion; that there were eigtit parcels which would remain to be developed and which wer~ presently subject to specuiati~~e nagotlatlons; however, there was an actlve interest In the property with four other very u ~ ~ MIt~UTLS~ CITY PLAIINI~G COMMISSION~ Je~nu~ry ~9. I)76 7G-31 EfIVIRONMF.NTl1L IMPACT REPQR'I' N0. 123, RECLASSIF ICATION N0, I;i-i~~-5~, ANb CONOITIO~JIIL IISE' PCRHIT N0, 14h~_ (f,_ont inued) ,._,. _ serlo~~s ~fforY whic'i ware not sufficiently confirmod to be mAde a pnrt of the present suhml ttel ; and t ~int the Staff Report outl inod the Intcr,t of the ~evelopsr. TIIF. Pl1BLIC IIE11R! Nf WAS CLQSFp, In responsr. t~ ~lucsttc~nin~ hy Comi~~issloner Herhst~ Mr. ~hermal: St~ited p~rcr,) m~ips ~i~id been fI icd with th~ G ity nf 11n~~hcirn for thc subject pr~perty. In res~onse tn Further questloninc~ by Gommissi oner Ilarbst, Mr. Chermak stlpulated th~t th~ n~~mbcr of drive ar,r.r.; ~cs „lonq La P~lma and Ma~nol i a Avenucs wauld rein~ln the same as oricllnally ,~ppr~c~vad~ or a t~tal of eight, and th~:~t speciflc dslineation of said drive acc~sses woul~~ tie submltted t~ the TraFflc En~~in~er for approvnl; that o~-si te vehlcular access to thc sep~rat~ p~~rccls would be ovcr essement, inside the perimetcr of the prope~ty; ancl tF~at ff ~al specif(c plans would t>e submitte~l for each of t-~~~ remalniny elyhC pa~cels of the suhdivis~~n for Plannin~ Commission and City Council ap,,roval prlor to the i~~;,roductlon of an orcilnance reznnin~ s~~l:l p~ rcels; an~1 that Varlance No. 759~ would be offic~ ~l ly termintecl. Conm I s s i onei •}~`~n4on noted tha t ce rta i n trnde-of fs had ber.n made 1 n the or i q i na 1 approva 1 of the sub,Jact :ee~~551FIr.Ttlon permitting camnerc;al uses In an are~i desigriatecl fur ind•:strlal uses hy [~~_~ Maheim General f'lan; ±I~at there was a tenc~ency for petitioners to •-.,r,:.r.~~ such t ra cie-~f f, i~ :nP pr~cess I ng of revi sed devel opmen! pi ~ns for P 1 ann I ng Commtssini nr~ City Councit ,~proval; ~md that A further modiflcation of scal ing-down of the sub.ject com~nerci•+~ ;~~^:~~' iiiyht nut l,e ~~vorat~ly considered. The Plar~nin!7 f,nmmission general ly concu ~recl, It was noted that Cnvironmental Impact Report ilo. 123, pertaini~ct to devel<~pment of t!~e subJect property, w~s cerCi fied by tl~e Ciiy Council on June ?.5, 1975~ ancl no further docuM°_ntation or ~ction thereon was deemed to he re:auirecl~ based upon the proposal being submf tted. Comm) s~s loner Nc rhst offered Resol ution No. PC7~-~ 1:~n~ mc+ved for 1 ts passa~c and adopt (on, thrt the Analiei mCity Plannin9 Cnmmission does hereby recommend to the C(ty CounGil of tl'i: C 1 ty of An<~he i m that Recl ass i f i cat l on No, 73- 7~~-SS (,readvert i sed) be approved, sub jec't to the foreqolna ~Indinns and stipulations of the petitioner, and subject to the conditions of ~he ori~lnai approval of said Reclassification No4 73-7~~-~5, as well as those condttions result!nc7 frnm this puhlic hearing, (See Resolution 3ac~k) Cha! rman Faranc-~ note~l that he ha<I beer absen t a few mi nutes at the be~inn i n~ of the Subject puhl ic h~~r1 r~n and ~sked for legal counsel as to whether he should vote on the matters, Depu2y City Attc,rney Frank lowry acivisecl that, in his opinlcn, Chairman Farano had been presenl for tl~e majorfty of the publ(c hearing and had heard all of the present<~tlon ae~d discussion anci was qualified to vote if there were no ohjections from the petitioner, M~, Chermal: indicated no object iuns. On rol l call ~ the foreqol~~ resolution was passed by the fol lowing vote: AYES: COMMI SSI~HFRS: R~RNES~ HER~ST, J~HFlSf1P1, Mf1RLFY~ FARA~10 NOES: COMM1 SSIt1-1FR5: N~IIE AP~SE~i7; COt1N1 551~~lEPS; KltlG~ T~Ll1R ~pM~11SS~b~IER TqLAR RE-EPITERFD THE C(1UNCIL CH,IMRER AT 1+:3~ P•M• Cammisslor r Herbst offereci Resolution ~lo. PC7~-12 and movecl f~r its passage anci adoption, that Petitlon for Conditional Use Perm(c ~lo. 1~~h2 (reaclvertised) be and hereby is yranted, to establlsh two restaurants with c.n-sale 1 iquor on two parcels of an 11-lot comnercial yubdivislon, ~ub.lect t~ the forenoin~ flndinqs and stipulat?ons ~f the petitloner ancl suuject tn the conditlons of the original aQproval of said Conciitional Use P~rmit Plo. 1~-h2~ as well is those conclitions resulting from this Fublic hearing. (See Resolution goc~k) On roll :al l, the fc~reqoinq resolution wis passe~l by the fol lowin~ vote: CJ ~ ~ MIf~UtES~ CIT/ PLANNI4G CQMMISSION, January 19~ 197~ 7G-32 ENVIRONMENTAL IMPACT REPORT NQ. 123~ RfC'ASSIFICATION N0. 73'74`SS~ AND COND17tONAL USL Pf•.RMIT N0, 1~i52 (Contlnued) - - ----- ~_ AYE.S: C~HMISSIOIIF.RS: BIIRNES, IiERBSl', JUhINSO~~~ MORLcY~ Fl,RANO NO~S; CQMMISS~f)'lFRS: NO~JE ABSF.NT: CQMt11SSI~1IF.RS; KI~JG~ TOLAR COMNISS~~NER KING RF^ENTF.(lED 711E CQUtJCIL CHAM[~ER AT ~i:3~~ P.M. EtJVIk~NP1CfJTAL (MP/1CT - PUt3LIG HEARING. MARK U. LEFF~ Nor'East Pl~za i.td, ~ 120 ~1 RFP(1RT N~. 1G3 C:~mi no~ Sul te 1 10 ~ Beverly FII I 1 s~ Ca. 90212 ((hvner) ; WARMINGTON CQMF'I1~IY ~ 17830 Sky Park Ci rcle~ Sul te 2~3~ Newport Beach, Ca. RECLASSIFICATI~N 9~6(~~ (Agent). Property described as an irregularly-shaped N0. 75-76-1f, parccl of land conslsting of epproximat~ly 22 ~cres located - nortl~westerly of the corner of OrAngethorpe Avenue and Kraemer VARIAPJCE ~JO. 27%1 Boulevard~ havin~ approx(mate front~c~es ~f £~~i0 feet on thc north sicie of Orangethorpe Avenue and 1173 feet on the west TENTATIVF MAP OF slcle of Kraemer Boulevard, Property presently classified 7itACT NA. ~ll~~~) CL (CQMMFRC,Il1L~ LIMITEO) AND CH (CQMMERCIAL~ NEAVY) ZONES, REO.UFSTED CLAS5IFICAI'I~tl; RS-50!10 (RESIUEtlTIhL. SINGL,G-Fi~t•11LY) ZOME {PORTION B) REQl1ESTF.D VAR1~IN~:E: WAIVER OF RE~~UIRF.t1Et~T THAT SIIJ(;LE-FAMILY STRUCTL'R('S RE.AR 0~~ ARTERI~L HIGNWAYS~ TO EST~BLISH A 117-LOT~ RS-5~~~ SUBDIVI51(1N (H~RTIOIJ B) TENTATIVF TftACT RE~UE57: E'JGi~lE[R: ENGINEERIPJG SERVICf.S CbMPAP1Y~ 3001 Redhlll Avenue~ Bull~linc~ 2~ Suite 1n6~ Casta Mesa~ Ca. 9267.G. SubJect tract is proposed for subdivision into a 117-1ot~ commercial and resiclential subdivision (PORTI~PIS A AND B) Na one indicated their pres~rice in opposition to subJect petit'ons Although the ~taff Report tc~ t,l-e Planning Commission dated January 1~3, 197~~ was not read at the public hearln~, saicl Staff Rep~rt is referred to and made a part of the minu tes. Mr. James Christcnsen~ representing the agent for the petitioner, appeared tefore the Pl~nning Commission and stated tnat~ although the subject property had been zoned ~~~m~r~~a~ for some; time, lt was being proposed for an RS-5000 subdivision simflar to Yhe RS-5~1~~ devalopme~t across Kraemer nuulevard to th° °35C; th~t r.he proposal would generate less traffic than a commercial developmen~; that all of tiie Znning Code reyuirements would be complied with, with the excc~ption that Lot No. 3`- would side-on~ rather than rear-on~ Oranqethorpe Avenue; that the homes would have three-car garages with 25-foot front setbacks; that Lot Plo. 39 would be larger than usual; that~ regarding the noise from the adJacent railroad trar,ks, they were proRosing ta meet the requirements of the Clty far sound-attenuatlon; that a conditional use permit may hecome necessary for the portion of the property which would remain for commercial development~ however~ they were meeting the intent of the C(ty Gouncil Policy No, 5~+2 regarding sound-attenuation to protect ti~e residentfal portion from the conxnercial p~rtlon, to the best of thelr abiltty; and thr~t he would prefer that the interpretation of C(ty Coun~il Policy ~lo. S~-2 be deferred to the :Ity Councll. THE PU-ILIC H~ARING WAS CLnSED. Conxnissloner Herbst inclicated some c.~ncern that the portion of the praperty which wauld remai~ commercially znned might be develo~ed with a service sta[ion and that his perserial prAferen~e would be to rezone all af the property to residenttal. Whereupon~ Deputy City Attorney Frank Lowry ~dv(sed that if the total property. inc:luding Po~tion A~ were ta be considered as part of the appltcation for rezonin~, the reclassificatl~n petltion would have to be readvertlsed to so include it. Comrnissioner Herbst furtf~er indi:ated cuncern regardina the type of wall which wou~d be constructed on t~p of ti~e brrm adj~cent to the railruad tracks ta mltigate sounc~~ and whether the wa~l would he a normal fi-foot wall or a structural wal) as defined by the Uniform Building Code. Mr, Christensen inclicated that the type of wall shoulcl be ~ ~ MINl1TFS~ CiTY PIANNIPJG CUMMISSIC~~ JanU~ry ly~ 1976 ,'6~33 ENV1kONMENTAL IMPACT REPORT ~~0. 1(~3- P.ECLASSIf"ICAT'ION N0, 75'lb'~6~ VARIANCE N0. 2771~ AND T~NYATIVE MAP OF TMCT N0. 91k9 (Cnnttnued)`~____,_~ determinod by the City Council; Ix~we~~er~ If the wall w~s more than 6 fect hlgh it wc~uld hAVe to bP a structural wall or a decorstlve wall, ~nd ~ decoratlve wall higher than ~~ feet may not be safe, due to the v(brations gen~~i~ated by tr~~lns, Commissioner Her~bsC pursucd the questton ree~arding tl~e fence~ wherpupon~ Mr, Christensen sttpulateci to Include a struct~~ral w~ll~ as definecl in the Uniform p~lldincl Code~ on top of the proposed berm alon~ the property line r~cllacent to the railroAd tracks ancl t~ comply w(th ~II sound- attenuatirn~ requtrcmerts, as {!re~~rihecl in Clty Cuuncil Pollcy No. 5~-2. In response to q~+esti~ninc~ by Chair•man Farano~ Mr. Chrlst~nsen clarifieci that the revised plan~ si;oweci Street "A" as ~~ full stand~rd 6~--foat wlde street, inctuding a stand~rd knuckle~ and that salJ pl~~ns were submltted after the Sxaff Report was prepared, Con~mis~toner Barnes offered a motion~ seconded by Commissioner Ktny ~~nd MOTION CARRIED~ that Er~vlronmental Impact Report No, 163, havincl been considere~l this date by the An~heim City Plannin~ Commission and evi~lence~ both wrltten ancl o~al~ having b~en presented to suppleme:nt sald dra`C FIR ~Jo. 1(~3~ the Plannfn~ Commisslon believes th~t said draft EIR No. Ih3 does conf~rm to t;ie Clt~/ a~~d State Guldellries and the State of Callfornla Envlrnnmental Quality Act anci, based u~~on such lnfnrmation~ doe~ hereby recommend to thc City Council Lhat th~y certify salcl EIR Nn. 163 is In compliance wfth said Environmental Quality Act. Commiss(oncr Barnes offered Resolutlon No. °C76-13 and rtx~veQ for its passage an~ adoption~ tlt~L the Anahztm City Planning Commission does herehy recamGei~~ be approved Csub~ect~r~the City ~f An~hcim thit Petition f~r Raclasslftcatton No. 75-7 ~ ~ the stipul2tions of the petitloner, and subject Zu rhe Intcrdepartment~~l Commlttee recommenciatfons. (See Resolution Book) On rol) call~ the foregoln9 resotution was passed by the fallowing vote: AYES: COPIMISSIQNERS: BARNES~ HER3S7~ JOtiNSON~ KING~ Mf1RLEY~ T~LAR, FARP.PIO NOES : GOMM) SS I ~~IERS : NOIJE ABSENT: COMI~ISSI~NERS: NONE Commtssioner Barnes offerec.l Resolution No. PC76-14 and moved for tts passage anc+ adoptian~ that the Anaheim Clty Planning Commission does hereby grant ?etition for Vartance No. 2771, waiving the requirement that single-family structures rear°on arterial highways on the basis that a hardship would be created if said watver were not granted, due to the shape of the land; subject to the stipulation of the petitioner to include a structural Wa11~ as defined in the Uniform Buildfng Code, on top of the proposeJ berm along the northerly property line adJacent to ~rowther Aver~u:: and :he ra~lroad tracks, as a sound- attenuatlon rreasure complyiny with City Councll Policy No. 5~~2, and to further recommencl to the City Council that City Council Poltcy Plo, 53~ requiring a 40-foot minimum sethack adjacent to arterial higl~ways be waivecl to permit a setback of 26 feet on the one lot (No. 39) which abuts Orangeihorpe Avenue~ on the basis that prEVious sirc~ilar requests have bcen granted anc1~ furthermore~ a berm anc! wall are proposed to be constructeci along t!~e property 1l~~e of salci lot adj~cent to Orangethorpe Avenue; and subject to the Interdepartmental CommittQe recommendations. (See Resolution Baok) On roll call, the fore~~oing resolution was passed by tf~e followin9 vote: AYFS : COMMI SS f nrlERS : BARNES ~ HER~SST ~,loFiNSO~~ ~ KI NG, MORLEY ~ 1'OLAR, FAR~N(1 NOES: C4MMISSIOrJERS: NoNE AE3SFNT: COMMISSIn~IERS: NONE Cornmissioner Barnps offered a motion, seconded by Commissioner King and MOTI0~1 CARRIED, that the Anahelm City Planning Commisslon does hereby approve Tentative Map of Tract No. 9149~ conslstinc~ of 117 lots, on the: basls that rhe proposeci subdivision together with_its design a~d improvement is consistent with the City's General Plan, pursua~~t to .,...~~~~~~ti~~~ Code Section 66~-73.5. and subJect i:o the follc,iaina condit~~ns: ~ ~ ~ MI ~I UTES ~ C I TY PLANN I NG COM~11 S~ I OPi ~ Jan ua ry 19 ~ 1976 76-g4 CNVIRONMCNTAI. IMPACT REPORT t~0. 163~ RECLASSIFIf,ATION N0, 75-76-IG~ VA{t1ANCE N0. 2771~ AND TE~~TATIVE MAP OF TMCT N0. ~149 (Conl•Inued) 1, That the an~~ro~.,i nf Tentative Map of Track No, 91h~ Is ~r~ntc~l subJec~. to th~ approval of Reclassiflcatlon Na, 75-7~~-1~• 2, Thae sho~.ild this subdlvlsion he developed As mc~re than one subclivi5lon~ each suLd(vlsion therac:f sliall bc submlttcd In tentativr. f~rm for approv~l, 3. Thal• In accord~ncc wfth Clty Council policy. a G-foot nasonry w~ll shall be constructed on tl~e north~ e~~st ancf south property l ines sea~ratinc~ lut Nos. 1 through 9 and Crcw~thcr Avenue; lot N~s. 9 throu~h 27 and Kraem~:r Uoulevard; an~1 lat Nos. 2~1 thraugh 39 and Oranc~ethorpe Avanue, except that for corner lat Nc. 39 sald wall shall he stapned down to a hsic~~it ~f th(rty (3~) lnches in th~ r~quired front yard setback. 4. 7hat all lots with(n thls tract shall bc served by unJergrounJ utllltlps. ,, That a ffnal tract m.~p ef subJect prnperty sl~~all be submitted to and approved Uy the Clty C~uncil an~l then be recorcled in the office of the Or~~nge County Re~,order. 6. That any proposed coven~nts~ conditions~ and restrictlons shall bc submitted to and appr~~vecl hy the Clty Attorney's Office prior to City Council apprav~l oF the fina) tract map and~ fur•ther~ tliat the approved covenantsti condltions, and restrictlons ghall be rec~rded concurrently with the ftnal tract map. 7. ThaC prlor to flling the fi~al tract map~ the appllcant shali submlt to the CiCy Attarney for approval or denial a c~mplete synopsis of the proposeci functioning of the operatincl corporatlon including, but not ilmited to~ the articles of tncorporation bylaws~ proposed methods of m~na~ement~ bonding to (nsure ma(ntenance ~f common property and buildings, and such other information as the City Attorney may deslre to protact the C(ty, tts cltizens~ and the purchasers nf the proJect. p. That srre~t names shal) be apprc•~ecl by the City ~f Anahs(m prior to approval of a fin~l tract map• 9, That llie ~wner(~} of subJect property shall pay to thr City of Anahcim the ap~ropriate ~ark and recreation in-lieu fees as deter„~ined to be approprlate by the City ~ouncil~ said fees t:a be pald a~ the time the buildtn~ permit is Issued. 1~, That dralna~e of subJect property shall be dispc~secl of ln a manner that is satisfactory to the City Engineer. 11. If permanent streer, na~re signs have not bee:n Installed, temporary street name signs shall be installed prlor to any occupancy. 1~. That a strucr.ur~l wall~ as defined by t~ie Unlform B;.~lding Code~ shall be constructec; on top of the proposed berm along the property line adJacsnt to Crowther Averue and the railroad tracks~ as a sound-attenuation measure complying with Council Policy No. 541.- as stipulated to be the petitioner. 13. That the sound-~t*P~~~~tion reQUirements for praper•ties located acSJacenC t~ railroad tracks~ arterlal highways, etc.~ shall be complied with as prescribed in Counci) Policy No. 5~~2~ as stipulated to by the petitio~~er. il~. 7hat Lot: No. 39~ as shown on Exhibit 1, shall have a minimum building setback af Tor•ty ft+~) `e~t adJ~cent to Ora~gpCharpe Avenue, per City Council Policy No. 5'i8~ unless the City Council grants reltef from said policy and permits a 2b-`oat sptback for sald lot, ~ ~ MI~JUTES, CITY PI.ANPIING COMMISSIOPJ~ Ja~udry 1~~ 197~~ ~6-~' RECL{1SSIFICIITI~N - PUBI.IC 1iF.ARINf. Ml1RIE A. AtJUROUS~ 1Q23 Falrviay Urive~ Orange~ Ca. N0. 75-7~~-1f~ 926GG (Ownc;•); JACK S, DAVIS~ 1345 North Gr~nd Avenae, Santa l1na~ "' Ca, g2iQi (Agent); request~ng t~~at pmpcrty dc~scribed as an Irre<~ularly-Si,H~a~i nAr~~~ of land consisttn~i oP approxlmr~tely ~me Acr~e, havln!~ ~ fronta~c of ap~~r~uximatcly 26$ feet un the so~ith si:le af l,lncnln Avenue~ hAVing ~i maxlmum depth c~f approxima:sly IGO feet~ being lo~ated approxlmAtely 73~ feet west c~f the centerlln~ nf bale Street~ ~~nJ further descrlhe~l ,;s 2~.riG bfest Llncoln AvenuP ~ ba recl ass i f I eci f ~~m the CL ( COMM~ P.C 1 AL, L I MI T~ Q) ZONE) to the RM•~ 1200 (hESIDf.NTIAL~ MULTIP~.t'~FAFIILY) ZQPlE. No one Incilcited thelr presonce to reFresent Lhe pctftic>ner nr ln ~pposltlon to the sub,{ect petttlon, I t was noted that the pct 1 t i one r was rc~que~ t I ~g a tti•lo-:•:eek c~n ~ i nu,nce to ~he P 1 ann i ng Commission meetinn of February 2, 1~76, so that revtsecl ~1~~+n5 migtit he submttted and a petition for a varisnce flle~l for the ~:onstruc;fon of the lfi apartment unlts. Cammissioner King offered a mntlon, seconded hy Co+~missloner M~~rley and MOTION CARRIED, that the public hearin~ and c.onstderation of Petitia~~ far Reclassification No. 7;-7b'18 be ~nd hereby is contl~ued to the Planninc~ Commission mee~ing of Febru~~ry 7.~ 1:17h, as requested by thc petltloner. (NOTF: The foregolnc~ item was considered at the beginning ~F the meetin~.) Cb~In1710N11L USE - PUBLIC HEAP,ING. COMfT~ INC. ~ P. 0. Rox G36G, Bur~`anl~, Ca. 91510 PERMIT YC. 1596 (~lwnerl; MR. WALLACF.~ 729 North Topeka, Anaheim~ C:~. 928R5 (Agen~); reques t? ng permi ss i~n to ESTAE3Li SII AUTOMQB I LE Tfu+NSt•;: S; I OtJ P,EPA I R on ~roperty described as a rectangularly-shaped parcei of land conslst(ng of ~pp mxin~,~tely ~.f~ acre located at the northwest corner of Or~~ngeth~rpe Avenue and Orai~gethorpe Park~ having approximate fro~tage~ of 16?_ feet on th,~ north side of Orange'th~rpe Av~nue and 215 feet ~n the west s(dc of Orangethorpe Par!•. and further described as 837 East Jrangethor~e Avenue. Property presently classifir.d ML (I~lDUSTRIl1L, LIMI7[D) ZOPJE. No one indicated their presence in o;;i~osition to subject petition. Although the Staff Report t~ the Planning Commission dated January 1~1, 1976, was not read at the public hearin~~ said Staff Report is referred to and made a part of the minutes. Mr. Rod Wallace~ the agent for the petitioner~ appeared before the Plannin~ Commission and stated the ~roposed operation would be primarily a arholes~le business~ thus ~enerating little or no customer t~affic to the site; that there would be no str~_ictural alterattons to the buildlnq; anct t`at `e wou~~i SLlpuiaCc ti-~at ail vf ~~:L ~:r^^^sPr~ repalr work would be conducted i ns i de the bu i 1~i ~ nc1, THE PUBLIC HEIIRING WAS CI.USFD. It was note~l that the Director of the Planning Dep~rtn~nt tiad determined tfiat the prapo~ed actlvity fell within the ciefinttic,n of Section 3.~1~ Class l, of the City of Anahelm Guldelines to the Requirements for an Environmental Impact Report ar.d was~ therefore, categor(cally exempt from tlie requirement to file an EIR. Comm~ssioner tlerbst offered Resolut?on No. PC76-1; and mc~ved for its passage and ~doption~ that the Anahetm City Plai~ning Commission does hereby yrar~t Petition for Conditlonal Use Permit No. 159C, to permit aut~motive tran5missian repairs in the ML Zone on the basis that the proposed use is similar in nature to prevlously approved vehicle repatr uses in the area, said uses having not been detrimental t~ ths area~ subJect to thc foregoing findings and stipulattons uf the petitioner; and subject to the Interdepartmental Committee recommendattons. (See ftesolution Book) On roll c~ll~ the foregoing resolut(on was passed by the following vote: AYES: ~~MMISSIONERS: BARNES~ FiERBST, JCHNSON, KIPJG, MOaLEY~ T~LAR~ FARA~~O NOES: CQMMISSIO~IERS: NONE ABSENT: CdMMISSIOf~ERS: MONE • ~ M;NUTES~ CITY PLAh~11NG CUMMISSION~ January 19, 191~ 7G-~6 VARIIIMCF. NQ. 277?. - PUULIC NEl1RINf,. VIHCCWT C. r,R!-r;T~ 10~79 Junelle Path W~, Lakeville~ Minnes~ta 55~~~~~ (OwnRr); KEN VITl1T~~ 1~1~ Mar~an Strect, Anahelm, Ca, 92~14( (Agent); renu~ssting WAIVCR OF PF~ . P'fED USES TO PERMIT AN U~JLl1WFUl.LY ESTARI.ISfIFD APARTME~~T ADDITI~~I on property described as a rect~ngulnrly~ shaped p~~rce;l of l~nrl cons(stin~ oi' aprro~cirr~itely ~,2 ~cre located at the n~rtl~~wesx carner of Uaxter Strect and Ramneya Drtve~ liaving a~~~oxim~[e frc~ntagrs cf 1Q~i fee.t on the west slde of Baxtr.r Street and fi5 fcet nn tha north sidc of Romnnya Drlve~ ~nd further ~iescribed as l~~35 East Romneya Drive, property presently cl~;ssi~lecl R~-72nn (RrS!^C!!?~,^,1.~ SI!lGLC-FAI1ILY) ZOtJE. One ~erson indicated their presence fn opposft(on to subJect petitfon. Assistant Zon(na Sup~rvisor Allan Dau~n read the Staff Report la khe Planninq Corcanlssfon dated January 13, 1h76, ancf sa1~1 Staff Rep~rt Is rc~forrecl t~ as If s,~+ fort!~ In full 1n the minutes. Mr. M.en :~~ ::,i.o~ the agent. for the peti tloner, t~ppeared befor~~ the Plann(nc7 Commiss ion and sr,;c.~,i the tern~lnoloc~y referring to the subJect ap~irtment ~~s "unlawful" sounded rather bad; that the apartment or additio~ to the restdentlal structure was conskructed In 195a~ at whiCh tlme a bulldinc~ permit was issued for a bedroam with a ba[h and laundry Fac111ties; thaC approx(matcly two ysars latar, the property was sold as two resiclential un(ts wlth no access between the units and~ subsequentty~ the pet(tloner, Mr. V(ncent Grant, purchased the property and ~r»ved into the primary res(dence, renting out the apartment as a bechelor unit; ~ind that the properCy was located or~ a corner lat with street frontage of 65 S'eet Facing ten triplexes across Romneya Drive. M~•. Vit~to revlewe~ other multiple-family uses in the subJect nelghhorhood~ stat(nq tf~at he hacl managed ~he ~~ubiect property for the owner f~r the past three years and had not all~wecl more than four person~ to occupy the total premises; thai some of lfie hones !n thc nci~;hbor;~ood had a~ many as six residents with no additional parking spaces being provicled; that he did n~L believe that there were any adverse effecrs on the neignhorhooci durin~ the 15 years that the house addition had been in existence; that, for many y~~r~, hP di~l rnr !;n,-,;J r7~ apartment existed, „n~1 until notices were sent concernj>>1 the subject publlc hearing~ many of the neighbors dicl not I:n~w (t existed. Ms. Ida Knapp~ 2~1~ ;:ast Verc~~ ~,venue~ Anaheim~ appeared before the Plannin~ Commisslon in oppositlon~ and st~te~l sh~ avned adJo~ning property and al~o propsrty ar. 1717 Dr(arvale; that sh~ w~s oppo~ed s:;, the establishment of tf~e apartment because of the precedents that would be set~ lowPrinq Che property value In the neighborhood; that she understood the problems In~~~lved and, although the apartment had not caus~~l ,ny particuiar problPms in the ~~!~*; no one knew a~hat the future held and wha m(ght occupy the property~ making it detrimental to the area. Mr. Vitato rebutted that, In h(s opinion~ if ;he area was reclassifir.d to multl~le-family ~oning, the property valu~~ :•:^uld rr+nre than likely ~ncrease; that, in the three years he had managed the subject property, they had limitea the total residency oT ~he prope+'ty t~~ four persons; that he was aware that lie could be terminated as the manaaer of the property and It was ~onceivable that ten people mlght occupy the premises (n the future, w1~h six or more aut~mobiles, etc.; however~ unti~ the prop~rty was declared a publ(c nu(s~nce~ such an activlty could be c~~rried on. Mr. Vitato stated that during the past three years a widow had occupied *_hs apartment and that ~-'c~sently a young couple with a small child occupied the prlnclpal residencc. 7HE PUBL! C NEARI tIG IJAS CLOSED. Commissioner Tolar noted that he disagreed that property values woul~.~ increase if the area were reclassifled to the multiple-family zone~ since he did not feel th~~ a developer would pay as much as $40.000 for a lot to construct multiple-family units; an~J that it was difficult to Justify du~~l zoning on the subject property. • ~ MINUTES~ CITY PLAPJNING COMMIS510N~ JanuAry 19~ 197b 7~'37 VARI ANi.E NQ . 2772 (Lont 1 nued) Mr. Vlt~tn pursued the zonin~ questlon, stating thak the owner did Intenci ln tr~nsfer back to the .irea. Ho relt.crnted th~t thc prescnt: status of the ~~rop~rty had provPn over a 15- ynar perlad Co hava no ~~Ivr,rse ePfects on the communlty; anc1~ ~i;i~liti~nallv~ rhat ther~ were many multlple-f~~mlly uni[s In tl~c Immeciiate are~~. Commissloner Morley n~t~d that he could not condone a multlple~^fomlly use oF the sub,ject property ~ S ~ r1CC ~ L WAS p.~rt Of c~ 5 111~] ~C~ ~elnl ~ y lf&~.L aiilit LiiF: i~i riiii { R~ G'vtiiTi~ 5S i~~i~ NOu~ C~. probably naC ~ppro~~e such a use For any ol•hsr prnpe~rties in said tract. Commissloner Ilerbst noted that c~enerally ho~as~ addltlans ln s(nc~1c-famlly tra~ts were made to take care ~f family needs; tliat the fact that the ap~rtment wa~ separate~l into an apartment untt pr~or to tlie property being sold d~d not nw~ke It lec~;il; th~t the subJect property was P~~rt of an RS-72Q~ t~act 7nd was not appropriatr. fr~r multiple-f~,mily un(ts; th~~t the ap.~rtmant was subst~ndard in that thC floc~r Arou was approximately 300 square feet~ whi le the Zoniny Code requir~:d a minirr~um flaor are~~ c-f 70Q s~uare feet for one- bedro~m units and~ ad~fltionally~ it hacl been Planning Commissl~n pnllcy to permit min' um Floor areas of ~i7.5 squ~~re feet for bachelor-type (efficlency~) units; and that the house additlon was not for f~mily use by the princioal resident of the subJect property~ but was a sepprate rental unit. Commissioner Kinci noted th~~t, in his opin(c~n~ the ~roperty shc~uici b~e a sinc~le-family residence as csriqinally znned, Comm(ssloner Johnson noted th~at, althou~h 'r~e sympathlz~d with the petitloner~ the fact had been unearthed that the liouse ad~!itiun was presently illegal a~ a sep~~rate rental unit and the Planninc~ Commissioi, wc~~:i nat be d~ing its jc' by approvln~ ti~~ request. Ch~i~~~~an rarano nuted that thz Pl~nning Commission h~d approved many unlaw`u1 iiouse additions in the past, however, the additions were cener~lly for family use; that thp petitioner was requesting to have a multiple-family structure in a sinctle-fam~ly zon~; an~l that if the v~'+ri~ince was approved~ it was conceivable that thc petitioner mi9ht then want to cilv(de tf~e property further into an ~n,irtment complex, It was noted that the Director of the Planning Department harl determined thar. the proposed activlty feli within the definition of Section 3.~1~ Class 1~ of the City of Anaheim Guidellnes to the Requirements for an environmental impact repart and was, therefore~ cate~orically exec~pt from tf~e requirement to file ~+n F.IR. Commissioner Morley offere~l Resolution No, PC76-16 and r--o~epP~i~i4nSforSVari~~nce No~P2772~ ;hat the Anaheim City Planning Commissian does herPby deny on the basis of the foregc~(ng findings. (See Resolution Book) 0~ rol! cal1, the forenoing resol~tion was passed by the following vot~: AYFS: COMMISSIOtIEItS: BARNFS~ HERBST~ JOHNSON. Kf~dG, MORLEY, TOLAR~ F~RAI~O NOES; C011MISSIOPIERS: N(?IJE ABSEP~T: COMMlSSIO~IERS: N~P~[ TEPITATIVE MAP OF - DEVC•L~PER: pACESETTFR HOMES~ 45~-0 Campus Drive, Newport Beach, Ca. TRACT N0. ~201 92GFn. ENGINEER: TAIT AND ASSUCIATES, INC.~ 900 Oranc~efa~~ Lane, " ~ P, 0. Box ~i~+25~ Anaheim~ Ca. 92$~3• SubJect property~ consisting ~f an irregularly-shaped parcel of land of approximately 17.5 acres located at tha southeast corner of Broadway and Loara Street~ having approximate fro~tages of 1~5'~ feet on the south side of Broadway ancl 619 feet on the east side of Loara~ is proposed for subdivision into an 88-lot~ RS-5~on subdivision. Mr. Bill Asawa, a real estate broker representing Pace~etter Fiomes~ appeared before the Planntng Commission and stated the subject Qr~perty was previously approved for development with 39~ apartment units; that tt~e proposPC1 devclopment was a 77}$ reductlan in denstty over the previously appr•oved proJect; tliat due to the changing c:onsumer market there were many tracts which were lessening their eftects on the sch~ls since there were fewer children~ however~ thrce and four bedrooms were desirable fur the additional room; that by reducing tfie density on the subJect property, they were actually reducfng the • C~ MINUTES~ CIfY PLANNING CQMMISSION. Janu~ry 19~ 197h TENTATIVE MAP OF TaACT N0. ~201 (Continued) __..___, -..- 76-38 potentlal traffic on both drondway and Laara Street; that~ In the~r discusslons with City St~ff, It was felt th~~l the turninq p~cket alung Loara Strcet~ whlch was (ncludAd in tho orlg(nt-) ADP No. 11(~~ cuuld be reduced from tne plan; th~+C the prnpesal -~ould have lass land coverage than the prevlously arprovad apartmen[ proJect end, for that reason~ there would be less water run-off; tliat~ regerdlnct City Council Po11cy No. 5~+2 pertaining to nolse~ althoucPu bhe eaaterly boundary of the suf~ject property was Immedlateiy adJacent to a rallroad, the r~ilroad traffic consisted of one r•ound-trip traln e.~ch dey pnd there would be relatlve+'y no Impnct; that, regardlnc± the impacc on the par~ system in tha area~ there were four parks (Chaperr~l nark~ Willow Park~ Palm Lane Park and Mod)eska Park) to service the subJecr. prnparty; that schuols In the area were presently undr.r t;hair e~rollment capacity; that the EIR Negative Declaratlon had been rc:quested on the basis that the propnsed development would lessen tha impact. upon thc area over thnt v~hich would occur If the orlginAlly approved development were to be bulit. Discussion pursued concerning the sound-attenuatlon requirements tor the homes that would be consiructesd adJacent to the rP(lroad tracks~ and the distance between sflid homes and tho tracks, takinq into cons~c+nration that the rallroad traffle m~ght Ir~crcase considerably over the years ta come. Mr. Vincent TocN, representtn9 the engineers far the sub}eCt tract~ appeareci ancf stipulated to constructing ar~ earthen bern topped by a 6-foot hlgh structural wall as defined by the Unifnrm Buildfng Code, satd berm and wall t~ be constructecl along th~ easterly property houndary ad}acent tu the roitroad trocks; and further stfpulated that meas~ir~s wo~~ld be taken to insure that the nolse leve) genarated by the rallraod traffic would not exceed 65 dbA in the re~r yards of the homPS adjacc.~t to thE rallroad and ~f5 dbA inside sald homes with the windows and doors closeci, and that only single-story homes would be canst~•ucted adJacent to the railroad tracks. In rasponse to questloning by Commission~r Barnes~ Mr. Tock stipulated tliat the proposed proJect would meet the snund-attenuatton requirements as tho~~gh there wer~:, tratns on the adJacent tracks at ali times~ however~ he was surprised at the concerns being expressed by the planning Commission over the nolse whlch mtght be generated elther presently o~ In the future. In resFanse to que~tioning by Cumrois;tonar King, Mr. Toc~ SCAtpC~ that the revised plans indlcated they were ccmplying with the suggestion of the City Trafftc Engineer and Street "D" was extend~d to the south to provide a nora effective c(rculation system in the area. Discussion pursued concerning the number of bedrooms which would be constructed on the lots. during which Mr. Tock sttpulated that the development would comply with 'the lot sizP requlrements relat~d to number of btdr~oms. Chairman Farann noted that the Planning Commission would like to review the precise plans (to include buildtng slevations~ flo~r plans~ and plo4 plans) for the proposed dev~iopment prior to ~pproval of the final tract map; whereupon, Mr. Tock so stipulated. Commissioner Herbst offered a motion, seconded by CAmn~issioner Morle~~ and MOTlON CARRIED, that the Anaheim Clty Planning Commission does hereby recomn~end to the Cit~~ Counctl that the subJect proJ~ct be exempt from the requirement to prepare an envlronment~l imp~ct report~ pursuant to the provisions of the California Fnvtronmental Quality Act. C~mmissioner Herbst offerrd a motion~ seconded by Commissioner Morley and MOTIQN CARRIED, that the Anaheim Ctty Planning Commission does hereby approve Tentattve Map of Tract No. 9201 for an 8R-lot, RS-5Q00 subdivtsion~ on the t,asis that said proposed subdivision~ together with its destgn and improvement~ is consistent with the City's ~General Plan, subJect to the fol!owin~ conditions: 1. fhat the ap~roval of Tentative Map of Tract No~ 9201 is granted subJect to the completion ef Reclassifi~ation Na. 71-72-18 tc~ the R5~5000 tone, 2. That should this subdivision be developed as more than onP subdivision, each subdivlsion thereof shall be submitted in tentative form `or approval. 3. That in accordance with City Council policy~ a six•font masonry wa11 shall be cons4ructed on the north and west property lines separating Lot Nos. 1-4 and 76-88 from BroaJway and Lot Nes. 65, 71~ and 75 from Loara Street. Reasonable ~andscaping~ i~cluding irrigation facillt~es~ sh~11 be ins:alled in the uncemented portion of the arterial highway parkway the fu~l distance of said wall, plans for said landscaptng to be ~ubmitted to and subJect to the approval of the Superlntendent of Parko~ay Maintenance; and following ~ w ~ MINU7ES~ CiTY PLANNING COMMISSION~ Janur~ry ly., 197f, TENTATIVE MAP OF TRACT N0. 9201 l~ontinued) ~6..39 lnstallatlon and acceptai~ce, the City of Anehelm shall ~ssume the resp~nsibllity for melntnnance of ~eld landscaptng. 4, 7h~t all lots wlthin this tract shall be served by und~rgraund u,ilil•les. ~, ThaC a finnl traet mflp oP subJect property shall L~ submittecf to and npproved by the City Councll and then be recorded in the office of the Grangr. Councy Recordnr. 6. That any proposed c~ver~nts~ condltlons anci r'e~ttrlction3 shall be submltted to and •~(~provcsd by the Clty Attorney's Office ryrior to City Counc(. appraval of the final tract (~Wp~ g~(~~ further~ Chdt LriC itP{~tc~~t:, CiiVCii~7~~L5~ C0~1~it!^-!5 hf1~1 raerrlcClons S~`d~~ be recordc:~' concurrently a~ith the finA) tracl map. 7. That prlor to flling the final tract map~ tl~e ~ippllcant shall submlt to the City Attorney for approval or denla) a ce~mplete synopsis ~f the proposed Functloning of the operating corporation, bylaws, ~~roposed methods +~f n~ana~ement. bondtng to lnsurc maintenance of commcm property And bu(lciings and such a'ther• information as the City Attornay may desire, ta protect the City, lts citiz~ns~ and the purchasers of the proJact. 8. 7hat strcet n~~,nes ~shal l be approved by che Ci ty of „naha~m prinr to ap;++'nval of a final tr~~ct map. g, If permanent street name signs have nok heen installed, temporary street name Qlgns shall be installed prtor to any ~ccupancy. 10. That the cwrne~•(s) of subJect property shall pay to the „ity of Hnaheim the aa;,ropriate p~ark and recreatfon in-lieu fees, as determined to be appropr!ste by the C,ir.y Councl'~ sald fces to be paid at the tlir,e the building permit !s Issued, 11, That drainac~e of subJ~cr property shall be disposed of in a m~nner tf~at (s satisfactory to the Clty Engtneer. I'L, 'I"hat an earthen berm~ toppe~l by a six-foot high structural wall (as deftned by the Uniform aulldtng Cade)~ shall be constructerl along the rear of the lots abutting the adJacenC ratlroad~ plus whatever additional sound-attenuation measures are necessary to achieve a nolse le•~el not to exceed 65 dbA in ttie rear yards of sa(d lots and ~f5 dbA inside said hom~s M~~th windc~ws and doors closed~ as stipulated to by the oetitloner; an~ that plans for sald sound-attenuation shall be submitted for City Council review and approval prior to apprnvai of the flnal Cract map. 13. That single-story homes shall be constructed on Lot Nos. 39 through 45~ said lots being adJ~cent to the railroad, as stipulated to by the petitioner. 14, That. pre~lse plans~ to include building elevattons~ fioor plans and plot plans~ shall be submitted to the Planning Commission ana City Counc~l for review and approval prior to approva) of the final tr~ct map~ as st(pulated to by thc petitloner. FNVIRONMENT~L iMPACT - Grading Plan for Unit IXA, Anaheim Hills. REPQR~ N0. 164 Mr. Richard Schmid~ representing Envista~ appeared before the Planning Commission to answer questions concerning the ~ubjec*_ Ei~t document~ nci.i~ig t~~t the ,~ropOSe~ hr~,jpct conslsted of mass grading of an area designate~+ as Unit IXA of Anaheim 4111s and was closely assoclated with the grading requ(red for the extension of Fairmont Boulevard and the gradtng rsquired for Tract 85:.0 and the Eastridge Reservoir; an~~ that it was proQosed to place (as fill) approximately 4--0,000 to 45~.~~0 cubic yards of earth In Unit iXA which would be generated~ as excess yardage, ln the grading of Tract 857_0 ancl the Eastrlclge Reservoir~ ar~d that approxim2tely 200~b00 cublc yards of earth materials from U~lt IXA would be used in thP construction o` Fairmont Boulevard. Chairman Farano noted that, ba~ed upon the adequacy of Environmental Impact Report No. 164~ the appiicant would seek a grading permlt; whereupon~ Mr. Schmid stated gradiny plans had ali~eady 5eer submitted to the Clty for app~•oval. In respanse tu guestlo~ing by Commissioner Barnes~ Mr. Schmld clarified that th~ language contalned on page 29 of the EIR ~ocument that "(2) The seedtng or rep~~nLing of graded slapes should be conducted..." was c~~rrected by the 14;~guage contatned on page Z~ of sald docun~ent that "5•••Upon termination of t`~e grading activlties~ hillslde slo~es will be replanted for suil stability purposes..."; and that the intent was "will be" in both refer~nces noted, Commtsstoner King ~ffered a motion~ seconded by Commissioner hbrley and MdTION CARRlED (Curtxnissioner Johnson abstalning)~ that Envtronmental Impact Report No. 16-~, h~ving been considered this date by the Cf:y Planning Lommission and evidence~ both wrltten and oral~ having been presented to supplement satd draft EIR No. 164~ tii~ Anahcirn City Planning C~mmlasion believes that sald draft EIR No. 164 does conform to the Clty and State Guidelines and the State of Callfornia Environmental Quality Act and~ based upon suth infQrmatlon~ dons hereby rec~rtsm~nd to the Clty Councll that they ccsrtlfy sald EIR No. 164 is in compllance wlth said En~~ironmental Quallty Act. ~ ~ ~ Ft~NUTES, CITY PLANNiNr, COMMISSIOt~~ JanuAry 19. 1976 76-40 ENVI RQNME~lT.1L I MPAC7 - For of f-s i te qraci I ng f n connec* lon wi Ch 7racr No. 853:~. REPORT N0, 165 The Steff Report lo the Planning Comm(ss(on d~ted Jar~uary 19. ~97~~~ was pregented and made a part of tha minutes. !t wae notecl that the applicont haci appl(ed for a gradtng permit tu excavate approximately 2~(~,0~~ cubic yards af eartl~ for use ln the constructton of Tract No, R533~ located south of Nahi Ranch Roa.~1, west of thn extensl~n of imperial Highway; that the borrc~w sites were south ~nd so~.itheasc ~~f T~ac~ l~o. °;;;; thar n rPmporary access roaJ extendin~ approxtmately 1Si10 feet wouid be cr~nstructed to reach the borr•ow site ~outhe~tist of Tract No. ~533; anci that a r~vlew of ~hn subJect environnkntal fmpact report by the EIR Review Commlttee indicatad that sald report conformed to the Callfornia Enytronmental Quality Act and the City of Anah~~im Gu!delines to ~he Requ(remr.nts fc~r an EIR~ however, the Comm(ttee rec~mmendad that the applicant be requlred t~ contour and reseed or replant khe graded areas a~ter completlon of the grading operations. Chalrman Farano noted that he was not tn tavor of creating borrc~w pits in Anahelm Hllis; that borrow plts v+ere distracting; that he would recommend that the Plannin,y Camml~ston constcieratlon of the subJect EIR t~ p~~stpcned untl) the Cammission had an oppo~tunlty tci revlew the Cammiss(on minutes and records perCatning to Trac:t No. 8533; and that he was concerned abuut th~ level ~f dlsconfort that -r~y be brought to the residents ln the nree. Chalrman Farana conttnuad hy noting that he did not feel that the EIR document adaquata~~~ portrayed the envlrenmental effects and he wisheci t~ review the promises and trade-uFr"s which were made on the tract; and that the Comm(ssion may wisl~ to make some recommendations to the City Counci) other than tn pass on the EIR. Commisst~r~er Johnsnn notGd that I~e shared the Chai ~m~n's concerns, and that was why he haci votecl "no" an the recommendation pertalning to EIR No. 164 cnnsidered earlier (n this meeting. In response to questloning by Chairman Farano, Office Engineer Jay Tlxus advised that the p-•oposed gradin~ would not creatn a pit, as such, but would be the lawering of a rldge. Chairm.,n Farano offered a mc~tion, seconded by Commissianer John~on, that the Planning Commission does hereby postpone consideration of Environment~l Impact Report No. 165 to the meeting of February 2~ 1976, to allow time for the Planning ~ommission and Staff to review the previous minutes and othcr Ctty records pertaining to Tract No. 8533• Commissioner Johnso~ noted that his basic position tn the matter was against vast excavation in the hills; that he had seen mine slag heaps which looked better than wF~at was happening in the Hlll and Canyon area; and that he would like to see same resistanc:e to thm grading ~r excavation being carried out ln the City. 6iscussion pursued concerning the provisions ot the Hillside Grading Ordinance~ during which beputy City Attorney F'rank Lowry advised that !aithout approval o` the EIR in connection wlth grading, a grading permit wauld not be issued; '~owever, tn takiny actlor~ e~ an EIR document, thz Planning Commission cauld make a finding "that, altiiough the documer.t conformed to the requiremenes of the Environmental Quallty Act and the Anahelm Guidelines, It was determined that the proJect would have a harmful ~ffe~t on the communtty and, ther~fore, recommend disapproval of the project itself." Chairman Farano amended his motion to re!~uire that the applicant provide a topographic map of the ~roposed grading s!te for rev(ew by the Planning Commission at the meeting of F~bruary 2~ 197G, The foregotng rr:~tion~ as aR~endec:, CARRIED BY UNANIMOUS VOTE (Commissioner Herbst being absent). ----T--~-- ~ ~ ~ MINUTES, C17Y PLANNING COMMISSION~ .;anuary 19~ 197G ')6~~-1 REPQal'S A~ID - 1 TCM N0. 1 RECQMMEHQATI~~lS lE ~6R ~IR NEGIITIVE DECI_ARA71~-I - For n parcel map ac 121 ~ 131 and 1~-1 Cerru Vlsc.a Wey. It was noted th.at an Ap~llcatlon For a parce! mr+p had been fil~d tu divtde a parce) loent~d west of th~ intersectlon af Cerro Vlska Qrlvs anci Cerro Vlsta Way into three parcel~ of one-acre minimum size; tlial an evrlua•.lon of ¢he envlronm~ntal impact of parcel maps was rr.quire~f under lhc provislons of the Caltfornia Enviranmental Quality Act and the State EIR Guidalines; and that a study by the Flanniny Cnp~rtment and Engine~ring Qivislon Of *.he proposA) lndicates that r.here WV~.lld b8 Il0 S~ylli~~i.Ftiit ciiV~iOi~~~IP.i~i~1 II~INUC:C IOf' ~I'1~ fallowing reasons: tl;e proposed parcel map is compatibla w(th the zonin~ or R"-HS-~~3.OCQ~ and all parcels arr, accessible fr~m an ex~yking roAd. In re~ponse to quesLioning by the Planning Commission~ Deputy City Attorney Frank Lowry advised that no ~roding was proposeci in connection with the subJect parcel map. CommisSioner Tolar affered a crption, seconded by Commissioner K~ng and MCTI011 CA^R1ED (Commitisioner Herhst bPfng absent)~ that the Anahelm City Plenning Commisston does hereby recommend to the City Coun.il oP th~ City of Anaheim that the sutJect proJect be exempt from the requtrement to prepare an environmental impact re~iort, pursuant to the prAVlsions of the Callfornla Envtranmental Quality Act. ITEM N0. 2 ENTAT VC MAp OF TRACT N0. £~082 - Request f~r apprav3l of final elevation an~1 floor pla~s. It was noted that the subJect prope.~ty was blsected b~• the future allgnment of Falrmont Boulevard; that tht subJect tract developer woul~.l be providing 5~~ of the embankment for sald boulevard; that FAlrmont wuuld eventually extend over the adJacent Riverside Freeway; and that the suLJect tract was a continuatian of T~act Hos. 8080 and Ec'ini with the sn~ne houses and sound-atten~~~~tion measures to be constructed as a~proved by tha City C~uncil, Cornmissioner Johnson offered a motion, seconded by Commissioner King and M0710N f.ARR~FD (Commissloner lierbst beinc~ absent)~ that the Planning Commission does hereby approve the flna! elevat~on and flnor plans for Tract No. 8082~ as submitted~ on the basis that said plans and the sound-attenuation measures (which are identical to those approved for Tract Nos. 80£~0 and 3081) satisfy Conditian Nos. 11 and 12 of the original approval of the subject Cract tao. 80~2, ITEM N0. 3 MON~CLTA AQOBE HIS70RICAL SITE - Request fo~ ~lete:rmination of compliance with the City of Anahe3m Genera) Plan. It was noted that the Orange ~ounty Harbors~ Baaches and Parks District was proposing to purchase the Ram~n Peralta Adobe fhr preservation as an Nlstorical Site~ said Adube being located In the 5anta Ana Can/on area ~ear Fairmont Joulevard and Santa Ana Canyon Road~ in the City of Anaheim, Commissioner K(ng offPrad Resolution ~l~. PC76-17 and moved for its passage and adoption, that the Anaheim City Planning Commission does hereby find and determt~e that the proposed purchase af the Ramon peralta Adobe as an Historical Stte, by the Harbors, Beaches and Parks District, is (n accordance with the obJectives nf the Conservatio~ and Open Space Element of the Clty of A~aheim's adopt~d Generat ~lan which encourages the preservation of open space and recreation areas re?ated to cultural and t~lstarical attractions and is~ therefore, determined t.o be in conformance with th~ City of Anaheirr's adopted General Plan. (Sce Resolution 3ook) On ro11 call, the f~regoing reaolution was passed by the following vote: AYES; COMMISSIONERS: BAR"E5, JONN50N~ KING~ MORLEY~ TOLAR~ FARANO NOES: COMMiSSI~NERS: NONE ABSE~lT: CQMMISSI~PIERS; hER6ST • ~ ~~ MINUTES~ CITY PLANNING COMMISSIf~P,, Ja~•uary lq~ 1976 !'fEM N0. b ~~ICL~I.AN AMfNDMENT N0. ! 34 i d/ ~ 76~42 Associnte Plenner BI11 C~nninghnM noted for the Pl~+nni ng Commisslon thot the subJcct Genoral Plan Amonciment would Inv~ive sover~l ~reas of the CI[y, Includfn~ Pntt Street, drnvntown, Glibert Street/Llncoln Avenue, La Polmn Ave~~ue/Espernnr.a~ ~tc.; ~11AL b~cause of the volunie of thc amen~fmanf, it was ~xpectcci thnt a larc~er i.nAn usuAl number of Intorested ~-ti~~na would hr prasant nnd~ theref~~ro~ Staff~~rns r~ commend)rg to the Planning Comm( ss ion thi t ~n even ~~~r; ~+r~r t n~ ~t~~rc be sct r"or cne puh i I c hear I n9 ~n thr. amendment ~~n~~ thc two alternatlvas vi~re: 1) February l~~ 1976 In the Chartres Recrcntion Center; ~~n~l 2) Februnr~~ 24~ 197( ~n the Fre~1N,nt Junlor Hlgh Schoc~l Audi tor(um, Cammisslonar Farano offer~ed a rr~tlon~ secc+nded by Comrnlss toner K1nq and MOTI~tI CARR~EU (Coi~rnissloner Herhst being absent)~ ti~~~~ t"~ .1a~hefm ~"It.y Pl~nninq Ccnmissi~m doos hereby aet the pub 1 Ic heir i nq ciatc for Gener~i 1 P1 an Amcrdmen t No. 1 39 to be at 7: 3~ P,m, on Fehruary 2~~, i~;)~~, in t-~e Fremont Junio~• Ntgh School Auditortum. I TEM N0. 5 LAKEVIEW AV[NUF EXTE~~SION - Caii~ : Arca General Planning Task Force recommendatlon. It was notecl that at their rcqular mec[(ng on Janusry 6, 197G, the Canyon Arr,a General Pl~nnlnq Task Force reviewad the exten~(on of Lakeview Avenue from the e;cisting intercFiange on the Riverside Freeway to Nohl Ranch Road'.and took an officlal actlon recommendlnc~ to the Planninct Commission ~nd City Coun cll +h~t said extenslon be omitted from the Anal~e!m General Plan; thdt the Task Force had Indicated that the resulting General Plan study should consl~ier aitr~•nattve r•outes ; that Staff a;~ticlpatecl resources would be avallable to conduct the study corr~iencfng d~sring late summer ~f 1976, safd commencernen 'ate be 1 rg s i gn 1 f I cant f~r tw~ add I 21~na 1 r~eason~ : 1) that the County of Orange was currently proposinct ko un~lertake a traTffe and circulatlon study of the entfre area with anttc!pated conclusion in autumn of 1976~ and 2) tha[ the Canyon Area General Plan~ currently uncierway~ was scheduled to be compl~eted by late summer; and hoth of tl~e referonced studies would pr~vlde essential inputs into the proposed l.akevicw Stu~ly. Commissloner Morley offered a motion~ seconded by Commissioner Tolar and MQTION LARRIED (Comml,sloner Ilerbst betng ahsent) ~ that the Anahe(m City Planning Cortmission does hereby instruct City Staff to undertake a General Plan Amendment sru~ly to consider the omission of the I.akevl ew Extens ior~ from the General Pi an and to con~ i der al ternat i ve routes . ITEM N0. 6 ~r~Cl USE PERM17 NOS. 1063 AND 1072 - Request for extenslon of time. I t was notad that Cond 1 t lona 1 Use P~rmi t No. 1063, ta es tab I i sh a hal 1 far varlety shar~s~ lectures, ~,;~etings, dances~ etc.~ wlth an on-sale liquor esiabllshme^t in an exlsting gtructure at 1721 South Manr_haster Avenue~ was appr~ved i~y the f'lanning Commisslon an October 7, 196t3; :hat Cond(tional Use Permit No. 107?., to establish a h.:.s depot in an existing structure with wa;vsr af the maximum permit ted proJPCtion of a wall sign at 1711 5ou;h Manchester Avnnue~ was approved by the Piannin g Gommissior, on ~iovember 4, 1968; that the applicant (C. M. McNees) was raquestiny cxtension of time~ pursuant to a condition of the Pl~nning Commission'S approv~l~ "That the petiti on is granted for a period of one year~ after which tlme It shall be reviewed by the P lanning Department staff to determine what effect the use~ ~f the pr~perty have had on the area, whether parlcing ha~ been adequate, whe[her ded l tat to~, for Naster St reet i s ne ede~d , and whether furthEr pub l i c hear(ngs should be scheduled to determine whether the use should be continued. I f no public hearlhg is held~ and the petitfonei' desires to contfnue the ~~se of the property for ttie pu rpose reques ted ~ he miy reques t an add i t i ona 1 one year ~~or the use f rum the P 1 ann I ng Commfss(on"; that seven prevlnu~ extensions of time had bean granted~ th~ last ones exptrtng on January 7 and Fnbruary 4, 1y76~ respecti ~~ely; that recent Investigatian hy stafr indicated that the ~u.ject uses have had no ap p~irent deleterlous effects on the arfa and that parkln~ appears to be adequate; and that~ in c~nnection with the finalization of C-R zoning on the property. the ownar ls making part(r~l dedication aiong Haster Street. Commissior.er K.inq offered a mntion, seco.^.dEd by Commissioner Morley and M0710P! Cl1RRIED (Commissioner Herbst betng absent)~ that the Anahei m Clty Planning tommisslon does hereby ~ ~ MINUTES, CITY PLANNING CONM15514 N, Jsnuary ly, 1976 76-', 3 ITEM N0, b (Contfnucd) ......_.~- grant ar,te~nslons af timr. for Cor.dltlonnl Use. Permit Nos. 1~?G3 end 1Q7~, as rAqueste~l by tha applicant, sal~l tir,te extens i ons to axplre c.n October 7. ~976 ~nd November 4~ 19'1G~ respectively. iT[M N0. 7 ~'~~7~t~E~~MENDNF.NT TO TITIE 1~1 - 7.ONING~ OF TNE AN~HhIH Htiiii: IPAL GODC The S~aff Re~~rt to the Planning Commisgion datecJ Jnr~uary 1'l~ 1976~ was presPntr.d and made a part of the minutes. Deputy City Attorney Fr~nk Lowry noted t~~at khc Intcnt of the Zoning Code was to limit hom~ occupations In ways wlilch would assure that such actlvitie~ remaineJ incldent~) and subc~rdinate to the princlpa) re sidenti~~l use of the dwelling; that, (n practice~ une of the )imiting ~avlcas - cmploym~ ~t - was not Inclusive enough to meet the intent of the Code; that the pi~oposed Zoning Code arnandments Included additional conslderatlont to gener~te a more co~cise and sim ~lifled defln(tion of "h~me ~ccupatlon," to correct the Cocle Sectlon numberinq sequenc e,'nci ta lnclude minor reword(nq to improve readability. Commissioner Tolar offared a motlon~ secondad by Commissioner Johnson ancl N0710N CARRIED (Commissioner Herbst being abs~nt)~ that tho Anahcim City Planning Commtssinn dc,es hereby recommcsnd to the C(ty Councll of the City of Annhelm that Anaheim Municipal Code Section 1~l.Ol.p9~ ("H" Words, Terms and Phrases) ancl Sections 1~i.02.052.0~+0 through 18.07..052.047 (Homa Occupatlons) be repealad ~ anci that new Sectlons 1f~.01 .090 ancl 18.020.052.O~i0 through ifl.020.052.~~~~9 be added, pursu~ntc t.u the Staff recommend~t(ons contalned in the aforementlone~~ Sta`f Report. ITEM N0. 8 OIN . COUWCIL/PLANNING COMMISSION WORK SESSION - To dlscuss activities and expen<iituras tn con:~ection with Second Year Community Development Dlock Grant Appl Icatiun s. lnterdepartmental Mer~orandum ~ated January 15, 1976~ from the Community Uevelopment Department was presented to th e Planning Commission~ said communication bringSng to the Planning Commission's attenti on that at the regular meeting of the City ~ouncil held on January 13, 1`~7~~ the City Co unctl decided to meet on Jnnuary Z1, 1976 at 7:30 p.m. In the Disaster Services/Management Controt C~nter for a Joint City Council/Planning Commisslon Wor+: ~ess ion to discuss the subJect appl icat ion. AOJOURNMEPIT - The re be i ng no ~urther bus i nas s to d i scuss , Cc+mmi ss i one r Mor 1 ey ~f fered a ~" motion~ seconcle d by Commissloner Johnson and MOTION CARRIED (Commissioner Herbst being ab ~ent)~ t~ adjourn the meeting to January 21~ 19~6~ at 7:3~ p.m. in the Dis aster Services/Management Controt Canter for a Joint City Counclt/P1ann1~ q Commission Work Session to discuss the Second Year Community Developmenk Block Grant Applicatio~. The meeting ~dj ourned at 6:1U p.m, Res ectfully submitted, ~ ~ /"'• ~° ~I~~f1X~~1't/ ~~ Patricia B. S.:anlan, Secretary Anaheim City Planning Commission P95:hm 0 R ~ 0 MICROFIt.MING SER~';E. IkC