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Minutes-PC 1983/11/28RBGULAR MBBTING OP THB ANAHBIM CITY PLANNING COMMISSIpN ~_ RBOUW-R M~ETING The reyular maeting of th~ ~nsheim City Plenning Commlacion wes called to ordRr by Chairwomen Bouea at 10:00 a.~., Novembec 28, 1983, in the Council Chnmber, e quorum bei~g praaent end the CQmm~ssion ceviewed plena of the iteme on today's agende. R~CESS: 11:30 a.m. RECONV6NE: 1:30 p.m. PREB~NT Chair ~~men: Bouea Commisslonera: Bushore, Pry, NerbAt, King, La Cldire AdSENT Commissioners: McBurney AL80 PRESENT Jack White kon Thompaon Annika Santdlahti Joel Pick Jay Tashiro Kendre Morriea Greg Hastinga Gail McCloud Paul Singer Jay Titus Bob Kelley Aasiatent City J~ttorney Planning Direcko[ Asaistant Dicectar for 2oning 1~saiatent Dicector for Planning Aasociake Planner 1-esistant ~lanner 118siatant Planner Deputy Pire Marahall City Traffic Engineec Office Engineer Associate Plenner ITEM N0. 1. EIR No. 254 (PREYIOUSLY c'ERTIPIED) WA1V6R OP CODE REQUIRBMENT ANO CONDITIONAL USE PERMIT NO. 2322 (lEI~DVERTISED) PUBLIC HE!-RING. OWNERS: WILLIl1M P. DRl-G11NZ1-, ET ]~L, 2045 S. Herbor Blvd., Anaheim, Ca. 92802. AGENT: WALTER C. HONG, 2045 S. Harbor Blvd., Anaheim, Ca, 9 2802. Property described as an irregularly-ahaped percel of land conaisting of appreximately 3.3 acres, 2045 S. Harboc Blvd. (Regency Hotel) To co nsider ceviaed plans to construct a 4-stocy, 42-foot high, 322-room hotel with accessory usE.s and on-sale alcoholic beve~ages and with waiver of minirt~um number of packing Bpaces. Conti nued from November 14, 1983, and November 28, 1983 It was noted th~t the petitioner had requeated a continuance to the meeting of December 12, 1983 in order to submit a parking demand study. ACTION: ~ommiasionec Kinq offered e motion, seconded by Commiasioner Pry and MOTION CARRIED ~Commissioner McBurney absent), that the Anaheim City Planning Commi saion does hereby continue considerntion of the aforementioned matter to the r egularly-scheduled meeting of Decembec 12, 1983, at the request ~f the petitioner in order to aubmit a parking 9emand atudy. 83-766 MINUTES, ANAHEIM CI'PY PLANNING CAMMISSION, NOVBMB6R 18, 1983 83-767 ITBM NO. 2. EIR NEGATIVB pECLARATION, MAIVER OP CODB R~QUIRBMFNT AN D CONDITIONAL US~ PQRMIT N0. 2509 PUSLIC HEARING. ~~WNERS: BANK OP AMERICA N.T.S. i~., 1130 S. Figue roe St[eet, Loa ~ngelea, Ca. 90015. AGfNT: CHRYSLBR RB~LTY CORPOMTION, 600 Wilat~~re elvd., Loa ~ngelea, Ce. 90017. Property de~;cribed aA an ir regularly- ahaped percel of land conai$ting of eppraximetely 0.78 acre, located At the no[theaet corner of Bell n~~d and Anaheim Boulevard, 1126 S. ~neheim ~lvd. To permit an automobile dealerahip in the CL Zone with waivec of min imum lan~sceped setbeck. There wea no one indicating their presence in opposltion to subject requeat and elthough the ataff report was not read, it ia refecred to and ma de a part of the minutea. Bycon Hayes, Jr., Attorney for Chrysler Reelty CorporaCion, 600 Wils hire Blvd., llth Fl~oc, Los ~ngeles, explained thia property is ow~ed by Benk of America and hes a vacant building wh.ich was Lormerly occupied by a branch of Benk ot A~ecicet that Chrysler is leaeing the propecty immediately t o the ~orth for. a Dodge dealerahlp end they heve an optian to purchaee th i s property to uae ir conjunction with the Dodge Central propecty, however, they need e waiver of code requirement and conditional use pecmit to retain mos t of the exiating building. THE PUBLIC HEAPTNG S CLOSED. Commissioner He~bst clarified that the property to the north is being leased and eubject property will be purchaeed and thet both properties will be utilized by the same automobilQ agency. He asked what wou~d tiAFpen ff the property next door ie not available in the future. Mr. Hayes expla i ned the lease o~ r.he property next door is for fourteen (14) years and ~hey have not decided what they will do after that. ~CTION: Commissioner ~ing oEferpd a motion, seconded by Commis~ion er Pry and MOTION C1-RRIED (COmmiesioner McBurney absent), that thr: Anaheim Cit y Planning "ommiesion has reviewed the proposal to permit an eut~mobfle dealer s hip in the CL Zone, with waiver of minimum landscaped setback ~n an irregularl y-shaped parcel of land cansisting of appcoximately 0.78 acre, located at th e northeast corner of Br.ll Road and ~naheim Boulevard, and furthec deacribed as 1126 S. Anaheim eoulevardr and does hereby approve the Negative Decl~ration upon finding thet it has considered the Negative Declaration together wi t h any comments received during the public review process and further fin~ i nq on the basis of the Initisl Study and any commente received that there is n o substantial evidence that the project will have a significant effec t on the envirunment. Commissioner King offered a motfon, seconded by Commissi~ner Pry and MOTION CARRIBA (Commissioner McBurney abaent), that the ]~nah~im City Plann ing Commisaion does hereby grant wAiver of code cequirement on the basi s that there are upeciAl circumstances applicable to the pcopecty such es size, ahape, topography, iocation ar~d surroundinga whic:h do not apply to idEntically zoned properties in the vicinity, and that strict application of the Zoning Code deprives the praperty of pcfvfleges enjoyed by other properties under 11/28/83 MI NUTBS. ANAHBIM CITY PLANNINC COMMIS3IUN, NOVBMBBR 28. 1983 83-768 identical zoning clsa~i[icationa in the vicinity, end slao on the b~sia that th~ etructuc~ hea exieted foc ~any yeAra without her~ to the neighbora. Canunlasianar B~~hore asked that e candition be added to the conditionel uee pe cmit requiring thet thia conditinnal uae permit be exercieed in conjunction wi Gh tha uae on the prop~rty next door. Commissioner King atated he would add a condition to the permit requiriny that if the tao propecties on ~neheim Boulevecd ever eombine ownership, the d r ivewey on ~naheim eoulevexd neer Ball Roed ahell be cloaed and a~~fer location provided, as Approved by the City TcaEfic Engineer. Comtniasioner Bushore ateted his ccncern ia that thece heve been three different automobile deelecships on tha~. property in three yeera, and if s omethin~ hrpper,a and thia ie no longer used ae en auromobile dealecship, the cc~nditf.onel uae permit ataya with t.he property and t:~at cocner is not edequete t o a~lapoct a used cer lo: and approval could be craeting sc.a~ething Commiesion doea not want to see :here. He stated he has no problem with the uae es long a s it is combined with the ~~ne next d~or, howevec, that property could be sold a s a separete used cac agency. J a ck White, Aasistent City Attcrney, explained a condition could be added that t h e problems thet would otherwise be lnherent in having the ~peration c o nducted separately would r.~~k be pecmitted, which would cause the permft to be tetminated, hOWPYp:, he woul.d have some concern over limiting the c o nditional use ~ermik to a sep~rar.e paccel. He aaid the condition ••~~ild limit the type ~~f activicias ~ch~t could occ:ur on khis pc~; ~~~. Commigsioner Buahore acaCed hi~ can^~~r~,: i~ that approv i could ~~. ~~all cer lot especially since onc of these F~rce_:~ is lease -~d one 's ~_i~~y purchaaed and refecred to two amall car dE~ale:ehiF~$ nec c;i of Lincoln on Anaheim Bouleverd. Commisaioner King offered Resolution No. PCA3-224 and moved for its passage a nd adoption, that the Anaheim City Plnnr.iny Cummissio~ doea hereby grant Co nditional Use pecmit No. 2:0~, Eubject t~~ Interdepartmental Commfttee c~commendations, and including two ad~iti~,nal conditiona requiring thet if s u biect property and the immediate adlacent pcoperty to the north combine o~.r~ership, the driveway on Anaheim Boulevard near Sall Road shall be closed a nd a safec location shall be provided as npproved by the City Traffic Engf neer . J a ck White suggested that the condition ehould read that the existing driveway s hall be closed and any other accesa to the pcopecty shall be subject to the approval of the City Traffic Engineer, and that another condit~on should be added to provide that the owner of the property shall cecord and execute a c ovenant providing that if the adjacent propecty is no l.onger uaecl for a utomobile sales in conjunction with aubject property, this conditional uae permit shall automatically terminate. M r. Hayes stated thoae conditions would be acceptable to the petitioner. 11/28/83 MINUTBS. ANAHEIM CI~Y PLANNING COMMISSION, NOVBMBBR 2 8 L 1983 __ 83-769 an roll cell, Che Foregoing reaolution was passea by the Eollowin~ vote: AY~S: BOUAS, BUSHORE, PRY, HSRBST, KING, LA C~AIR ~ NO~B: NONE ABSENT: MC BURNEY ITEM N0. 3. EIR NBG~1'IVE DBCLJ-RATION AND CONDITIONAL USB PERMIT NU~ 251b PUBLIC HEARING. OWNBRS: G~N~RAL ELECTRIC COMp~NY, Onp Rivsr Road, Schenectady, Mew Yo[k 12345. AGENT: PAUL C. SCHATZ, 1390 S. Mein St., Walnut Creek, Ce. 9~596. Property described es an irregularl/-ahaped parcel of lend conaiating of approximately 6.33 acrea, h~vinq a fra n tage of approximetely 370 feet on Ghe nocth aide of La Palma ~venue, 3601 E. La Palma Avenue. To permit the accessor.y indoor storage of polychlorinated biphenyl (PCB) 1~ an existing induatrial building. Paul Schatz, F,ngin~er/~gent, explained the Anaheim A pparatus Service Shop ia involved with ~he repair, mai~tenance, secvics, engineering and i.na~allation of heavy appa~atus such a~ turbinea, qeneratocs, mot oca and tranAE~r~.ers. He explained there is w~ste genecatPd in the pcocesaing of tranaformers and they ece asking to store that waste (polychl~rinated biph enyl fluid (P~B)) in an existing 30 foot by 50 foot cindecblock attached coom, in Department of Tcanaportatian-dp~roved aealed druma, and when 50 to 70 drums are accumulated, they would be tranapocted to an EP~-approved dump eite. He ~tated the storage area has very apecific reyulations pertuining to en impervioun aeal on the floor and the:e ace no drains, and explain~d ;t hae been inspected by the Pire Depactment a.nd there were A number af suggegtlone from the Fire DRpartment which they are willing to comply witti. THE PUBLIC HEARING WAS CLOSED. Commissioner La Claire stated PCB is a vecy toxic p r oduct and ehe did nok know just how toxic it really is, and there are a lot of mitigating measurea suggested, but the Commisaion does not P~ave all the facts as to the pcablsa~s. She stated a negative decleration is recommended and she felt of dll the things that have come before the Planning Commission, this one does requice an environmental impact report IBIR). She noted it is not even known what flood plain the pcoperty is in, and asked if the petitionec would be willing to pcepare an EIR. Mr. Schatz explainzd he did not know what is enta:t ed in the preparation of a~: EIR, l~owevez, it would be borderline whPther or no. it would be wocthwhile doing; that there are tcansformers c~pread throughou t the community which would be considerably moce threetening than this facility, and they would be willing to have a registered profeseional engineet aiqn a s tatement that they do meet all the very etcingent State and Pederal ceguletion s. He Added he cealizes that this a vecy controvecsial issue and it ia an e xcitable situation thet attracts a lot of attention. He e~ated he hae datn from exteneive studiea that would indicate a propec baldnce and that they can do n service and conaiderably reduce the existing tbreatening aitua t ion. Chaicwoman Bout~s asked how the weste is being hand 1 e3 at the preaent tfine. Mc. Schatz replied right now th~re are very Eew ope rationa Acound and he had 11/28/83 MINUTSS /-NANBIM CITY PLIINNING COMMISSION NOVBMBBR 28 1963 93-770 no ides where people would go and thet he o~ly knew of one diapoeAl company (Chem-Waete), and did not even think they havc an incineretion pcocesr, end General Elect~lc ~as choeen to go dicectly into en incineratoc. Cl~airwoman Bouae eaked if thie type oE transtorme~ will be uaed in the future. Mr. Schetz reaponded thet ~f. the trangfocmera are e threet to any food procesa, they will be outlewed by Octobec of 1985, but ea long as they are operating in e aound, eppcoved, and aealed conditi~n, they can continue fot the lifP of the tcansformer, but they muet be dispoaed of when they atop working. Commisaioner suahore clacified that thP waste is actually burned throuah the incineration procesa. Mr. Schatz stated 6PA has a requicement for the permit process for an incineretor end the waske ia destroyed to 99.4t and there ere fouc ~iteat one in Eldoredo, ~rkaneae, one in Rdleigh, Texas and Gener~l Electric has a aite in Weatland, MaASachusetts, nnd there is one just authori~ed in Chicago. He atated the plan is to get rid of these trAnsformers and put in a newly-deaigned type without the toxic mekeri~l. He stated they would not do any of the tranaporting and everything io well-raguleted. Commisaioner Bushore asked about the haxard potentiAl in tranaferring the wast~ fcom the facility tu the trana~octetion vetiicles. Mr. Schetz steted the trucka would be parked right adjacent to the facility. Commissionec Buahore atated a drum could fall from ~ forklift and create a problem. Mr. Schatz stated the drums would have apill-caps and explained pCB ian't like a solvent and ia a vecy heavy fluid and would stay where it is apilled, and they would have to rsport any spills immediately and the soii wo~a~d be removed where it is contaminated. Commissioner Bushoce clarified that this aike selection was based upon convenience becauae GE already has a facility there. He stated he thought it would be bette[ locaked in a less-poNul~ted area and also in an area not so close to the water table. M~. Schatz atated they are doing the servicing cucrently and :he room ie existing and it is impoctant for their business and they are cequired to treat a non-PCB transformer es if it was a PCa cransfocmer and they muat follow the same requirement~ just to do servicing. Commiasionec eushoce stated there is an oil atorege facility just up the stceet, and e~~en though it has not been proven where it eame from, sevec~l well~ in the erea have been conteminated and the whole county is a pcrcolaCion are:a for the drinking water, and even though there ere e lot af pcecautions ta'.cen, he was concerned. He add~d he thought this is probably not only ii~~'Sdental to their business but is a Nery valuable part of the bueinesa and t;:l.~ the cu~~venience is being considered over a well-desfgned or well tho:~ght-out location. He a$ked if any precautions would be taken ovec the asph~~lt where the loading would be done. Mr. ~,chatz stated having this facility to properly handle this pcoduct will make it much easier for everyone than the way i.t is being hendled at the pceaent time. 11/28/83 MINUTBS. AN~H~IM CITY PLANNING COMMI88ION, N01'EMBBR 28, 1983_ __ _ 83-771 Com~iseionec Buehore stated he qusstione doinq whet ia the most convenient because thet is not alwaye the past wey. Mc. 8chat~ staked they wauld comply wtth all County, State, and P~deral cequirementa and he did not think there MOUld be any problema. Cammisai~ner Hecbat staked chia pro~erGy hed three feet ~E weter over it Ln the 1938 flood anA eaked what contaminaCion the aree would suEfer 1E thet were to ac~~ur again. Mr. Schatz stated PCB is heavier than waker so it would etAy wheca it ia apilled. Cummiasioner Herbet stated 1E there we~ a flood, it would not atay in the ecea and this plent {s altting right over the main water aupply. He indicated that ia his biggeat concecn. Commisaioner I.e ~laire atated the Commiesion has a lot of queations and an enviconmental impact repoct would anewer thoae qu~atlons and explain whet could be done in caee oE accidents, etc. She atated ahe has not nede up her mind becauae ehe does not I~ave all the facts and would like to eee ~n BIRJ that all the initigati~na point to the fact kh~t there could be prob~em~. She atated the Commiseion hes required EIR's for conetruction aE trects of homes to see what khe impact would be on the achools, etc „ end this is a poseible c taminetion of the w~ter aupply in arange County and a ecud,y has not bsen dun~ to determine what the water levfel is n~ what vould heppen if ther.e was a flood. She stated it looks ~ike the building wou3d he ~~tp but thAt she does not know whak ell the requicements would bp and she doea not have much tatth in the inapectiona of the diE~ecent ayencies, ekc.t that this could e life and death situation and it could be vecy seciousj khat she ie nat opposed t.o the use at this point but would like ta see furt~er information and could not vote foc a~proval of the negative declaration in this instance. Commissioner Herbst disagreed and stete~.~ a totel EIR ~hould not be neceasary and noted the petiti~ner has agreed ta comply with four govecnmental agencie~' re~ulations. He said he is c~~ncerned abouk the water level but the conteiners seem to be very oafe. Mc. Schatz stated the conta~ners are DCrL'-approved and comply +rith the container specifications Eor ell haz~rdous materials. Commiasionec Herbat suggested aealing the aspl~alt area wbere the matecials would be loaded, aimilar to the sealing +thdt is done in the atorege nrea, and also with a dike around it in case there ie a spill. Commissioner Bushoce stated the City of 1-nahein~ has PCD tranaformers and the~e is a concentrated effort to exchange thuse for au~ne othec type and asked what the City does with theic used trar,sformers. He steted he would like t~ know what other alternatives there Arr and if there is a need for Chi~ ~ervice and also if iC is possible that that need ia k~eing understat~d. ~ie stated if thete ia a need, he woula rether see it done legally, in a praper manner. He stated if tbie ifi th~~ only facility in Southern ~a~iforr~ia, it could gro~a out of proportian and t:~e more baccels moved, the mare inereased tbe poter!ial fot dangec. Commiesioner Herbst stated thece will be lesa and le~s of thia type tra~sformer in the future as they are all being replaced. Mc. Schatz stat~d the PC8 wns developed for the Eire prevention aepect and in the past they did uae the same pipe which may only pick up d small amount of the PCB, but it is 11/28/83 MINUTBS. AN~HBIM _C_ITY PLl1NNLNG COMMISSION, NOV~MBBR 28. 1983 83-772 enouyh to •~y that it ie contaminatad and thos~ can be cetrotille~, but the whole idee is to r~move end qliminate them and the need for thie facility would gradually de-intensify. Cammisaioner Nerbat offered e mokion, eeconded by comminaioner Fry t~at the Anaheim City Pl~nning Commisaion does heceby appcove the Negative Decle[ation. The motion FAILED TO CARRY DU6 TO A TIE VOTE (Commiasioneca Boues, eushore end Le Claire ~oting no; Commisaionera Fry, Herbet and K..ng voting yea; and Commisaioner Mc burney abaent). Commisaionec L~ Claire atated there are too meny unanewered questions about this use and she is not An expert ebout ~CB. CommieaionPr Hpcbst stated an EIR would etate that the petitioner will comply with atate, federal, co~~~ty and city cegulationa and that is all that cen be expected. Commiasioner La Cleire etated an EIR wou~d look a~ the location and point out what could happen if it did c~ntaminate the wAter, and anewer a lot of other queations and she fclt the Commiasion needs Co know the anewers bpcause this is not an o[dinacy housing p[oject where ttie Commiesion has to worry ebout the schoola end traffic. She atated she really felt that of all the requeste thet have come before the Commisaion, this one requlres further review to protect the citizens of Anaheim. Commiesioner Herbst referred to an accident at the Chevron duilding in San Pcencisco lest year where A traneformer blew up and the building wac v::r:ted, but the occupdnta were allowed back in the next day because it was not very serious. Mr. Schatz ceplied he was not familiar with that situetion. He atated he has cead a lot of matecial so does nAt tieve the same concecns that a lot of people have who do not underetand the situation and he the~ghi offering a safe removal proceea of the material would prevent thoae types af situations from he~pening. Chairwoman Bouas asked if the petitioner would like to have a continuance in ocder t.o check and see if the company would be willing t~ prepare an EIR. Commissioner Bushore etated they o~ly need to have a focused EIR prepared as far as lie is concerned. Commissioner La Claire stated she is not interested in how it will affect the schools, etc., but she is interested 'n a compleCe anelysis of what happens in this area and what the dangecs are. She stated she hes not made up her mind because she did not think she has enough facta. Jack White, 1-ssietant City ~ttorney, explained the Negative Declaration waa not approved so the applicant can volunteer to have an EIR prepared, and request a continuance in order to hdve that done, or the Commisaion can continue khis to the next reqular meeting at whfch time the tie vote could be bcoken, oc the Commisaion could deny the requeet, ~ven though the Negative Declacation was not approved, since a Negation Declaration o~ly has to be apT~roved in order to grant the requeat. 8e stated unless the applicnnt agrees t~ voluntarily pcepare the EIR, the mattet should be eithec continued to the next meeting or denied. He expleined a new ocdinance is being pr~sented to the Commisaion today pectaining to tie votes, but it has not even gone to the City Council yet. 11/28/83 MINUTB~, ANANEIM CITY PL1-NNING COMMISSION, NaVBMBER ~6, 1983 83-773 Chairwo~an Bouae aeked if the petitionec would like to requeat e continuance to detecmine whether or not the company ia intereated in preperin~ en EI~ or coming back in two weeka in order to have the 7th Commiaeioner pceep~~t in order to vote on the project. J~ck White atated if th~ce is a continuance, the members preaent will be the onea votin~ end there is na guarante~ thet there will be a 7th Commiasioner preaent. Commisaionec Hetbst ~tdted he felt requicing an EJR is asking for moce thnn ie necessary becauae all the verious City departments and local agenciea were contacted and the represent~tive fcom the Arange County Water Distcir.t indicated they are not very concerned end the City's Public Worke nepartment is not vecy concprned, ea lung as tho petition~r meets all the conditions. Mr. Shatz reaponded to Cheirwoman Boua~ thak i~e was not aware ot Another facility auch ae khie in Ca.lifornia. He explained typically there wo~ld bQ a very large procea~ing type operation s~cn as Chem-Waote at Kettleman's Hills, but GE doee nok hAVe any in thi~ stake, but do heve them in other atatea. Chaitwoman Bouas asked if all wasr.e woul.d be brouqht to thie facili.ty. Mr. Schatz reaponded that there is nuth6.ny any di[ferent than what they are preaently doing. Commiasioner Kina stated he r.ould vote in favor of the project because of the control by local governmentAl agenciea. Commisaioner Le Claire guir-ted out the Watec District waa renting land to a company and did not kn~w what they were doing or what the dangers were, and unleas it is on papec end they have been notified and ttiere is a public ceport from the ~ietrict, »he haF absolutely no faith that they even know what is going on. She asked if Commissioner Herbst knew for a fact that these people were notified and made fully aware of all the dangers with thia use on this property. She added these typea of things would be dlscuased in an EIR and thought this is t~e one of those usea where some decent input is required. Commissioner Herbat suggested that the Commission ask ataff to verify all the statemEnts mad~ by other governmental agency cepresentatives and other City department cepresentatives within the next two weeka, rather than requiring an ~IR. ~ommiasiunec Bushore stated he wiehed a representative was present fcom the Electrical Division to answer what they do with their transformers and toxic waste. He refecred to Itrm 22 on page 3e pertaining to Ffre Department inspection of the facility end the recommendations suggested, one being thet dikes be provided, calculated ko provide 25i containment of the maximum number of dru~a at any time stored within the diked area and asked if that recoaunendation r,omea fram the Fire Department or from the EPA. Gail McCloud, Deputy Fire Marshall, etated the diking and storage of hazerdous materials recommendatf~n comes fram the Federal Register and that some af the recommendatione ace from the Uniform Fire Code which the City of Anaheim enforces. 11/28/83 MINUTB8 AN~HEIM CITY PLANNING COMMISSION NOV~MBER 28 1983 s3~~~A Comaiission~c euahore clarified ther~ are othec reguletocy aqsncios that ere involved end •ach one hsa its own specific idee on how 1t should be hendled. Gail McCloud repl~ed the Uniform Fire Code stakea thet when specif.ic incide~ces ariAe and the Code does not alearly cover it, they can utili~e othec recognized etandards of the induatry. Commisaioner Buehoce reEecred to the recommendation that dikee be provided for 251 containniont of the maximum number oE drun~a which means 18 dcuma would be the maximum containment. He added all he needn to vote for Approval would be moce information, but wented to be aure that this ie not being done foc the convenience of GE et this locbtion end wanted to be aure -.hat it .'s being done for the conveniencg of g~tting rid of thR hezardoua matari.~l. He etated he would like to know where the othFr facilitiea are located ai:d where the com~anies they propoae to secvice are going now and where the City of Anaheim diepoaea of ite trensformers and whether or not the City will take advantege of khia eervice and if othec buainesaea will uae it. He stated he agreen khere ie a need toc e way to facilitate dfspeeal of waste legally. Mr. 5chatz asked for a two-week continuance. ACTION: Commiseioner I.a Claire offered a motion, seconded by Commiasioner King and MOTION CARRIED (Com~aissioner Mc enrney absent) that the l~naheirn Ci.ty Plnnning Commission doeg hereby continue consideration of the aforementioned matter to the regularly-achedul~d meeting of December 12, 19d3, at the request of the petitioner. Commissionor Herbst auggRRted tt~at ataff get more input from Cit} departmenta foc the next meeting. Commissioner Hetbst stated the Gortunission needa to know what safety pceeautions are going to be taken in tecros vf the loading and unloading. ITL~M N0. 4: EIR NEGATIVB DECL1-R1ITION ANU VARIANCE N0. 3363. PUBLIC HEARING. OWNER: ESTHER H. LEOS, 424 E. Sycamoce Stceet, 1lnaheim, C1- 92805. Pcoperty is a rectangularly-shaped percel of land conaisting of appcoximately .19 acre located at the southwest corner of Sycamore Street ar.d Sabina Street, and further described as 424 East Sycamore 3treet. Wafvers of l~l minimum site acea per dwellinq units (b) minimum flooc acea pec dwelling unitt and (c) minimum number and type of packinq spaces to retain an illegal garage conversion. There was ane person indicating his presence in oppoeition to aubject request and although the eta~E report was not read, it ie referred to and made a part of the minutes. eeverly Leoa, tepreaenting Esther Leos, 5810 Trappec, ~-naheim, was pr~sent to anawer any queations. Richerd Curties, 419 E. Sycaa-ore, 1-nnheim, stated he lives aith his parents on the north eide of the stteet and i.n the laet 10 yeara there have been 3 additiona~ aparkments added to the area within one block of eubject pcoperty and this just puts more cars on the atceet and moce people iato the arll/28/83 MINUT6S. AN~HBIM CITY PLANNING COMMIS&ION, NOV~MBER 28, 1983 __ __ 83-775 ateted they are ~pposed to the requeat for waiver of perking bec~uaa of existing perking probleme and poi~ted out moat geragea are being uaeQ for atorege or heve people living in them, end pointed out their garage ie full oE etotage and they cennot pack their vehiclea in itt howevec, they did inetell a wide dcivewey eo all their vehlclea are off the atreet and 1E they expect yuests, they have to put theic vehicles on the street when there are apaces available eo their gueata can park ln their dtivewey. Bevecly Leoo explained this houae was built in 1920 and her mothQr-in-law pureheaQd it in 1940 and hea lived thece for 43 yeera end the etructuce is oxieting under those codes. She atated the unit in queation is the garage conversion with a minimum Elooc ecea of 400 sq. ft.s that the gerage was converted withouG benefit oE permita but ahe did not think they did anything intentionally against the City. she stated the skaff teport indicdtes thia ia e twn-bedroom unik, but it is a one-bedcoam ntudio type living unit, and ahe wae informed by khe euflding Depertm~nt that 400 aq. Et. ia moce than adequate for e studio-type apartment. She referred to the requicement Eor a pArki.ng ~emand study, and atated ahe was never told that a study wea required, ond they did pcovide informatfon showing there is more than adequate parking. She atated the 12 apartmenta built in 1980 next door had two apaces in eech yarage. She explained two c~~rs can park on Sycamore Street, three can park on the side of subject atructure, 3 can park on the aide of the apactment, one can park bet~ind the garage convecaion and two can park between t.he t~ome and duplexea, so 18 spACes are pcoposed foc theae 4 homes. Mra. Leos presented a p~tition signed by 19 property ownera in the dzea who suppoct the cequest. She read the stetement on the petition. Mrs. Leas cead a letter from the person who lives in the studio apartment indicating her desire that she not have to move, especially because of her financial situationt and that ahe has no car and depends on public transportation. Mcs. Leoa explained this tenant only pays ~200 per month. She explained hec father-in-law did all the work himaelf and they will be happy to have the the City go in and checl, the electrical, plumbing, etc. to make sure every~hing is safe. She stated no one except this ons gentleman has ever complained and all the neighbors want to aee the request granted. THE PUBLIC HEARING WAS CLOSED. Responding to Commissione: Bushore, Firs. Leos stated thece ia one bedroom and a bathroom and the kitchen is part of the living area. She responded the bathto~~n hac~ a toilet, sink and shower. She clarified the conversion waa done in April~ 1963. She clarified it is actually one room with a removable screen. Commiseioner King n~ted the Traffic Engineer has reviewed the requeat and reconuaends denial based on insu£ficient parking, and the applicant is providing parking on the street. Paul Singer, Traffic Engineer, stated the Code providea that the minimum required parking be off-street, and an-streel• parking is not counted for [eaidential unite and is moce for overflow pArkingt that normally people will use their geraqes for storage and will park on the street and thie is very common in reaidential areas, therefore, in order to satisfy the ordinance, any off-street parking is disaounted as being pact of Ch~ required parkingt and 11/28/83 MINUT&S, ~NAHEIM CITY FL~NNING COMMISSION, NOVEMSBR 28, 1983 _ 83-776 all rRquired petking hee to take place on alte and in thia ceae, three on-eite specea ~re inedequate. Me. Leos etated there are ~wo apacea At thR reer of the duplexea, and there are two betw~en the reaidence and the duplex, na thete are 4 epecee. twa in the gerege. Mc. S~nger stated 12 specea are required. Ma. Leos eeked about the Apartmente next door which have two spaces far each unit. ~nnikr Santelahti, Assistan~ Director for Zoning, explained packing codea ece updated about every five yeara and until about 1970, only 1-1/4 epeces were required, eo the majority oE. these apartm~nts are not under the current otandr_cda, but eny new constcuction proposed for apa[tmenta oc tf the Code hes been viol~ted ut eome previous time, the parking would be evaluated under tt~e current code standarde. Commisslone Buahore atated un-street parking cnnnot be counted, end one oE r.he ~eighboce has said there ie not enough parking in the area and although thie was converted 20 years ago Eor economic reasona, if the Commisaion approves it, that m~ans that anybody from now on wonld aek for the sdme justification and thece are other illegal garegp convecaions throuyhout the city. Ne ~tated the Planning Commisaion is charged with the genecAl welfare of the entire city and cannot conaider why it wae dane, especially economic ceasons, but that it was done illega~ly and he has only supported one auch request where there was a handicapped person and the propecty was bought after it was convertedj howevec, there was a deed reatciction on the property to convert it back when they sold the property, so there was a tcue hardehip, but it hean't been pcoven hete that there is any hardship, othec than economic. He atated he cculd n~t suppart the request, as l~ard as it may sound, because it is illegal and the Comm~esion cannot make a wrong right. ACTIUN: Commissioner Bushoce offe~ed a motion, seconded by Commissionec Ring and MOTION CARRIED (Commissioner Herbst voting no, and Commiaeionet McBucney abaent) that the Anaheim City Planning Commiasion has reviewed tt,e pcopoeal to cetain an illegal g~rage conversion with waivers of minimu~ site area pec dwelling unit, mini~um floor area per dwelling unit and minimum number and type of parking spaces on a rectangularly-shaped parcel of land consiating of approximately .19 acre located at khe southweat corner of Sycamore Street and Sabina Stceet, and further deacribed as 424 East Sycamore Streetjand does hereby disappcove the Negative Declaration from the cequirement to prepare an enviconmental im~act report on the basis that there would be significant individual or ~~mulative advecse enviranmental impacts involved in this propos~lt and ~hat an environmentel impact repoct would be required prior to appcoval of thi.• project. Commisaioner Hecbat stated he had voted against th2 motion because the conversion was done ovec 20 years ago and hae not had a detrimental effect qn tbe neighborhood. Commissioner Bushore offered Resolution Na. PC83-225 and ~oved for ita paseage and adoption that the ~naheim City P~anning Commiasion does hereby deny Variance No. 3363, waivecs (A) and (b) on the basi~ that there are no special circumatances applicable to the pcopecty such as size, shape, topogcaphy, location or surroundinga, which do not apply to other identic~lly zoned properties in the vicinityj and thet atrict application of the Zoning Code 11/28/83 MINUT6S. ANAHBIM CITY PLANNING COMMlSSYON. NOYBM9BR 28, 1983 83-777 doea not deprive the proparty o! privileges enjuyed by other propectiee in identical zoning claaaificA~i~n in the vicinirY1 snd d~niel oE waivec fc) on the basie that Code requires that a parking demand etudy be ~ubmitted in conjunctio~ with any parking weiver and no auch study wes aubmitted and thR Tceffic Engineer reviewed the request end recommendRd denial bea~d on inaufficient packing since there ac~ parking problema elready exieting in the acea. On coll call, the foregoing re~olution wes paes~d by tf~e following vote: AYES: BOU~S, ~USHORE, PRY~ HERBST~ KING, LA CLAIRE NOES: NONE ABSENT: MC BURNEY Jack White, ~seistant City Attocney, presented the written right to appeal the Planning Commiseion's deciaion within 22 days to the City Council. Chaicwoman Bouas asked why the petitioner was not told about the requir~ment fot a parking demand atudy and asked ~f it would be to thpir adventage to do one before appealing the request to City Council. Jack White ~xplained legally they have to aubmit the study to meet the leyal requicemenka of the Code. He etated if they wece given some erroneoua informatinn, it daesn't change the Code requirementa. Cheicwomen Bouao clariEied ahe thoughk it ohould be br~ught to their attention that if they intend to appeal Commission°s decision to the City Council, they should have one prepaced. Jack White stated if they intend to appeal it to ~he City Council, a packing etudy would be required to accompany the application. Ms. Leos asked why that infocmation w~s not included in the information ahe got in the ffrat place. Commisaioner Bushore s~ated juat because someone didn't give her that information, doeen't change anythinq ber.ause it is in the Code, and ignorance is no excuse and neither is converting the gecage 20 ye~rs ago whe~ the Code required a permit. Ms. Leos stated staff specified several ~hings that wece required, but not thie study. Ccmmissioner eushore stated the firat thing ahe has ko do is appeal the decfsion to the City Council and the Code doea requice the study, buttl~ere is no guarantee that Council will epprove it ~ust because a parking study was done. Kendra Morries stated she does not have an answer why the petitioner was not told, bu~ the Code does specifically require the atudy. She explained staff typically tries to qive the petitiuner a copy of site development standards that pectain to their cequest, a copy of the zoning application and a copy of the parking standards which covera the cequirements for the parking demand study. 11/28/83 MINUTES~AN~HBIM CITY PLRNNING COMMI88ION. NOV8MBBR 78. 1963 83-779 Comtnieeioner La Claire atiated the Commiseion voted egsinet the EIR Negetive Declaration nnd a full ~IR would ba cequiced. 8he added thdt wes hec point ducin9 the pr~vious hescing, thst eometimea the Commiaeion cequires e full EIR foc a simple garage conveceion and then doean't require one f.~r a PCB aperetion. Jack White atated the Cortunleaion dpnied aFproval of the Negative Declaration and now the petitionec ce~ appeal thet deciaion to the City Coun ~l end Council will ect as khey aee the evidence and ehe doea nak hdve to do nn EIR at thfe time. He atated i~ there i.a some doubt on the Commiseion's part Aa to whether or not thls decision hinged solely an the baeis oE whether there wne ~ perking dRmand $tudy. in nll fairness to this applicant beceuae of the appacent confuaion over what ahe may or mey not ~ave been told, t~e Commission can continue thia decieion dnd ellow the petitionec to submit the study. Hawever, if th~ decision would ha~e been the same, that needs to be determined, so the Council, ~f ~his is appealed, will not send it back Co the Commisaion. Commisaioner Buahore stated his decision would not change with the aubmittal of a parking study, and based on his expecience, the tr.afEic etudy wi.ll not give the petitioner what ahe wants to show and it will 3ct as a detriment. Commissioner Hetbet stated he did not vote for disaQpcoval of the negdtive decl~ration because he did not think that was the question aince the convecsion hes exieted for 20 yeecs, but he did vote ageinat the vaciance because it was done illegally and the Commisaion cnnnot condone illegal conversions in the City of Anaheim. Comsnissioner La Claire agceed that was the ceason she voted against the c~nveraion. Commisaioner Fry etated even witt- the acquisitinn of a parking study, the Commission's decision pcobably woald not have been any different. JacY. White stated it appeara the consensus of the Cor~m~saion ie that even if the applicAnt was told to do the Atudy and one waa pcepared a~d presented for rPvfew, it would not have changea the outcomes howevet~ if there is g~ing to be an appe,l to the City Council, the app'.icant certainly can have one prepared for the City Council on which they can review an6 base their decision. He atated it appears ta be a non-prejudicial ecror because the Commf$sion would have voted as it did regardlesa of whether there was a study. ITEM NO. 5. EIR CATEGORICAL EXEMPTION - CLASS 5 AND VARIANCE N0. 3364 PUBLIC HEARING: OWNERS: PHILLIP ALAN AND KAREN RAE TUTTLE, 2633 E. Stcong Place~ Anaheim, CA 928U6. Property desccibed as an irregularly-shaped parcel of land consiating oE approximately 7986 equare feet, having a frontage of 55 feet on the north side of Skrong Place, and further desccibed as 2633 East Strong Place. Waiver of mf.nimum cear yard setback to conatruct a room addition. The applicant was not present• and this item was henrd a! the end of the pub11G hearings. 11/28/83 MINUTEB, 11NAN~IM CITY PLANNING COMMISBION, NOVEM86R 28. 1983 83-779 Ther• we$ no one indic+~ting their proeonce in oppoaition to aubject requeat end although the $teff r~port was not reed, it ie ~eEerced to and made a pact of the mi,nut~s. eill Tuttle, owne~, atated t~e is requesting a vacianr.e of minimum setbeck to the reer pcoperty line~ that thi8 is en odd-ehnped yard loc~ted in the turn of L•he cul de esc, and it ie a ehallow ya[d. Ne atated he hee contacted all the neighbora surrounding hi.s propecty and they voiced no negetive aepect~ end indicated they would like ta see the nddition. THE PUBLIC HEl-RING W11S CL08ED. Commissioner Fry indLr.ated lie thought thece wae a 5-foot public utility eeaemenk ecroes the cear of this ptupecty, and it wae clarified by XendrA Mocriea, Asaietant Planner- that the Engineering Division indicated there ie a aix-(b) foot wide utility eeeer~ent on the northerly property line. :t was also clacified that no conaCruction cou~d take place in thAt easement area, including footinys and eavee~ Mr, Tuttle stipulated that he wo~~ld not conatruct anything in the eaa~ment area. it was noted the Planning Director or his authoriz~d representative hes determined that the propoaed pro jeck Ealls within the def inition of Categorical Exemptions, Class 5, as defined in Che State Environm~+n~el Impact Rej~ort Guide.lines and is, therefore, categorically exempt from the requirement ta prepece an EIR. ACTION: Commieaioner King of fered Resolution Na. PC 83-226 and moved for ita paasage and adoption that the Anaheim City Planning Commiseion does hereby grant Yarience No. 3364 on the basis that thece are apecial circumatences a~plicable to the property euch as size, shape, topography, locatic:n and aurroundinge which do not apply to otf :.~: identical ly zoned property in the same vicinityt and that Rtrict application of the Zonin~ Code deprives the property of privileges enjoyed by other ~roperties irt the identical zone and clasaification in the vicinity and subject to Interdepartmental Committee recommendations, and eubject to the petitionec's stipulation at the publfc hearing that no conetruction will accur in the six (6) f.oot wide utility easement on the northerly property line. On roll call, the f~regoing resolution was paased by the following vol•e: AYES: BOU1~S, BUSHURB~ FRY, HERBST, KING, LA CLP,IRB NOES: NON^ ABSENT; MC BURNEY .tack White, Assistant City 1-ttorn9y, presented the written right to appeal the Planning Commiasion's deciaion within 22 days to the City Council. 11/28/83 MINUTBS, ~NAH6 Z M CITY PLANNING_COMMISSION, NOVBMBBR 29. 1981 _ 83-7d0 ITBM NU._ _6._ EZR NE(lATIVB 06CLJ-R1ITION AND VJIRIANCE N0. 3365, PUBLIC NEARING. OWNER&: MARTIN BUCK8/-UM A4 TRUSTE~ OP GBNFRI~L CRi.bi'fH PROPERTIES, 219 Kea, P. 0. Box 1536, Dea Moines~ Iow~e 50306~ AGF.I~T: C,BRALD KBRLIN, 271U1 7~. Capote de Paeeo, Sa~n Juan CapiNtrano, CA 92675. Property deecribPd ae an ircegulecly-ahaped ~arcel of lend consieting of eppruximetely Q.69 acce, having a fr.ontege of appcoximately 100 fRet on the weat side ~~ Anahe!im Baulevard, and Eurther deacci.bed as 1+01 South 1-nnheim eoulevacd. Waivere ~f mi~imum numl>er and type oE pdrking apaces and reyuired site screening to esteblish a bueinesa ar,hool. Ttiece was no one indicating khei~ preaence in oppoeition tu subj~ect request and although the st+~ff report was not reed, it ia referred to end mede a park of the minutes . Gecald Kerlin, ayent, was preaent to answer. any queetiona. TNE PUBLIC HEARING WAS CLOSED. ACZION: Commi~sioner King ofEeced A motion, seconded by Commissioner F'ry ~nd MOTION Cl-RRIED (Commissioner McBurney absent) that the Anaheim City Planning Commiseion has reviewe~l the propo8al to entabliah a buaineas school with waivers of minimum number and typc of packing apaces and required site scceening on an irrequldriy-shaped par.cel of land consieking of appcoxlmately 0.69 a~ce, having a frontage of approximately 100 feet on the weat eide of. Anahexm Aoulevacd, and Eurther desccibed as 1401 South Anaheim eoulevardt and doea heceby app[ove the Negative Declaration upon finding that it hde consi~ered the Neqative Declaration together with any commenta received during the public r.evlew pcoceas and further findin9 on the basis Af the Initial Study and any commpnte receivr . ttiat thece 18 no aubstantial evidence that the pr~ject will have a aignifica~~ effect on the environment. Cotrucissioner King offered Resolution No. Pc83-226 and moved :or its passage and adoption that the Anaheim City Planning Commi.~sion doe~ he:eby gr~snt Variance No. 3365, waiver (a) on *_he basis that the parkinq variance will not causP an increase in traffic c:ongestiun in the immecii~te vic inity nor adversely affect any adjoin~ng land uses~r and the gran~ing ~~f the parkiny variance under the conditfons impoaed, if an~, will not ~e detrimental to the peace, health, gafety or general welfare of the citizenR u_ the City of 1-naheim= and gra~nting waiver ( b) an the basi.s thet there are special circumstances applicr5le to the ~rcpecty such as size, ehape, topogcephy, location oc sucroundings, which da not app1Y to other identically zaned properties in the vicinitys and at~ict application of the Zoni-ig Code deprives the pcoperty of privilegea en joyed by other properties in identfcal zoning classification in the vicinity, and subject to Interdepartm~ntal Committee Recommendat ions . Jack White, 1-ssistant c:ity Attocney, noted thnt Condition No. 2 requirea that an agceement be prepaced and reco:ded to pcovid~ a number of parking apacea to be used in conjunction with this usej however, it doea not specify the numbe_ of spaces cequired and suggested it be modif iod to specify the number of spaces that ace to be providPd. KEndra Morries, Assiatant Planner, noted the number of spacea required fa 46 to be provided on tne peccel to the north. 11/Z8/83 MiNUTBS, ANAHBIN CYTY PLJ-NNTNG COMMISBION~ NOVBM9BR 18, 1983 _ 83-781 Paul Barnhart, 2200 Bdat Ocanqewood, ste. 150, Orangor Cl-, stated the ettocneys for buth partiea are cucrently working on that eqcoeme~tl thet it te in e coneorvatorahip ~nd it could not be done in time f~~c thi4 m~etin4 dnd th~y needed thta vaciance todsy, but there ie a capy of a letter Eram the conaervator. Commissionec Buahore etated the varience is conditionrd upon the petitioner qetting that agreemant. Jack ~'}~ite auggested the conditi~n be modif ied by adding the wo~ds, 'for a mini~r~um of 46 off-street parking epeces.• Commi4sioner King stated that modific.ekion should be included in hia motion. On rol l call, the foregoing resolution wAS pa8aed by the followi ng vote: AYES: BOU1-S~ BUSHORE, FRY~ HERBST, KING, I.A CLAIRR NOES: NONE 1-BSENT; MC BURNEY Jack Wh1tN, 1~esietant City Attorney, presented the written right to ~pQea'1 the Plann i~ng Commiseion's deciaion within 22 day8 to the City Council. RECESB: 3:00 RECON'~EIJE; 3:10 ITEM 7. ENVIRONMENTAL INPACT REPORT NO. 262 J-ND CONDITIONJ-L USE FERMIT N0. 2460. PUBLZC HEARING. OWN~RS: RIVIERI- MOBILBHOME PARKS, 300 W. Kate11+~ Avenue, Anahe im, CA 92802. AGENT: FLOYD L. PARJ~ilO, 2555 E~ Chapman ~lvenue, Suite 415, Fullerton, CJ- 92631. Property described as an trregulacly-8haped percel consi sting of appraximately 18.1 acres, naving a frontage of appraximately 895 feet on the south side of Katella Avenue, furthec deacribed as 30U West Kate 1 la Avenue . CONDITIQNAL USE RERUeST: To pecmit a 17-story, 171-foot high, 852-room hotel witt~ accesaory uaes and on-aale alcoholic: beverages. ITEM N0. 8. ENVIRONMENTAL Il4PACT REpOkT N0. 262 AND CONDITION],L USE PERNiIT ._..__.~.~. N0. _ ~461. PUBLZC H~ARING. OWNERS. RIVIERA MO~ILEHOME PARKS, 3Q0 W. Katiell~ l~venue, Anaheim, CA 928Q2. AGENT: FLOYD L. FARr-N0, 2555 E. Chapman 1-~+ehue, Suite i15, Fullerton, CA 92631. Property described as an irregularly-eheped parcel aonaiating of approxi.mately 18.1 acces, having a fcontage of app[oximately 895 feet on the aouth side of Katella J-ve~ue, further described ag 300 Weat Kate lla Avenue. CONDI'~IONI-L USE REQUEST; To permit tao 14-story, 200-foot hi~3i office complexes. 11/28/b3 MINUTES. 11NAHBIM CITY PJ.ANNING COMMI~~ION, NOVFMBBR Z8,_ 1983_ _ 83-78Y ITEM N0. y. BNVIRONMBNTAL IMPACT It6PORT NC~. 762, CENFRAL PLJ1N AML+NDMENT N0. 185, RECL1-SSIlICATION NU. 81-83-35, WAIVER OF CODE RBQUIREMENT 1-ND CONDITIONJIL USR PERMIT NU. 2~62. PUBLIC H~1~RING. OWNER5. RIVI~RJ- MOBIL6HOME PARKS, 30U W. Ketelle Avenue, Anaheiu~, C11 92802. /-GENT: FLOYD L~ PAlt~-N0, 2555 E. Chepmen 1lvenue, Suite 415, Pullerton, CJ- 92631. Pcoperty desc ribed as an irregulerly-ahaped Hercel conaiating ~f epproximetely 18.1 acrea, h aving a frontege of epproximetely 095 feet on the south aide of Ka~ella Avenue, further deacrlbed ea 300 West Katella Avenue. GENERAI. PLAN REpUEST. To considec an ame ndment to the land uae element Erom the curcont commerciel recreetion deaigna tton to medium denaity residential. RBCL1~5S1PiCATION REVUE52': RS-J1-43,000 to RM-1000 CONDlTIONI~L~ USE REQUEST: To pQrmit two 2 3A-~oot high, 180-unit condominium towers with waivers of (a) minimum building site area, (b) meximum atructucel height. and (c) minimum lAndscaped aetback. Items 7, 8 ar~d 9 were diacuesed together. Ployd L. Farano, ~gent, explained ,Ienaen Shangle~ owner's repreeentative, Greg Breughton, EIR consultant, Larry Greer, E IR and traffic conaultant, Dan Rowland and Gene Mnrtin, architecta, wece pceaent to anawer any queetiona. Mr.. Patano ateted he thought the enviconmental impar.t report has covered tnost of the points and problema and they belie ve the justificationa and ahowings that muat be made in order to grant these approvals ace contained fn the EIR. He stated tnere are a co~aple of major points that Rhould be addressed - one of which is traffic - and they ace aware tha t the EIR and traffic study po:.nts out there ;s a potenti~l traffic pcoblem in this area and ~hey fe~l the mitigation measures pcoposed will take ca re of those problema. He stated they are also aware that drainage is a problem ~nd they do agree with the ataff report requiring the dev~loper of the pro ject to construct a gtorm drain fcom the southern terminus oE this property to hook-up with the exiating s-orm drain in Clementine oc mroy Street end they do stipulate to the construction of that storm drain on the basis of a°.ei mbursement Agreement with the City. Mr. Parano stated thece has been a resolu tion of intent on the property to CR since 1967 or 1968 based upon the cond.iti on that Clementine Street be extended through the pcoperty in question from Kat ella to the southern terminus of this pcoperty and they are propoeing to constr uct that street and convey all proper dedications to the City of Anaheim. Mr. Parano stated they are dealing wikh s density on this property that surpasaea all pcevious den~ities in the C ity and believe that the project is a firet for the City of Anaheim oc probably in Orange County and there are no 18- or 19-story resfdenti~l condominium u nits in the county. He stated the thought of high-rise residential development ia not new to the city, as it has been discussed for a number of yearat and that the staff report points out that this ie the time for the City to add ress itself to the proposftion of high-rise densities especially if they a r e proposed in the downtown acee and the City Council haE addresaed this iasue. 11/28/83 MINUTBS, AN~HEIM CITY PLANNING COMMISSIOti, NOVRMBER 29. 1993 83-783 Nc. Parano sketed thia ieaue wae dealt with Ln a ae~iea of newaceats eired over KPWB neae in February 1983 and the book presentQd to the Commtselon is the main pact of the preeentdtion dealinq with the compatibility end ecceptance of thia type development in othec parte of Southern CeliE~rnia. He atated there was nothing to compere with in Ocange County, ao they wen:. t~ Loa ~ngeles, Lo~g Heach, Century City, and Beverly Hills end are preaenting the reaulte cf thet work which will ehow the Commission that developments euch as thie hdve proven to be compatible. Hz referred to the last six peges in the booklet hnsed on the newscasta and explained the entire preaentation is not included t,ut that the Planning ataff d~ea heve a complete copy of that ~cesentation end copies can be made for the Commissionera, iE they ao deaire. He steted the overell theme of the experta that ace quoted say that in Southern California in the year 2000, 1E we are going to p~eserve ~pen apecea and if our population ia going to increase, we will have to look to other meana oE eccommodating that growth with~ut sacrificing the open apece requirementa which has a direct bearing on the enviranments that experts say that highec densities and high-riae in the righk plece is not offensive to the people that live around it or from the atandpoint of overwhelming secviceo required by the municipality thet serves it and it cert~ainly isn't offenaive from the standpoint of the reaidents who live there. Mr. Facano stated they recognize high-rise condominiums do tepresent a depectuce f~om the City's Genecal Plan, c~nsequently the General Plan Amendment is requiredt that the smallest unit is a two-bedroom unit in exceao of 1200 aq. ft. and khe three~bedroom unit ia in exc~ss of 1500 sq. Et.~ so the units are not sub-sized and will not be undesirable nor develop inta a slum area in the Dianeyland recreation area. He referred to the picture of the psoject and the model displayed in front of the Council Ch~mber, and the ph~tographe of similar projects in other aceaa as follows: (1) northern view of Hastec Street, 1/2 block south of Katella facing north showing the aceA as it is now= (2) map o£ location of the Anaheim Marriott Hotels t3) single-family residence south of Marciott Hotel on Lamark Drivet (During discussion of photograph8, Mr. Farano stated they had ~iacussed the development of the Marriott Hotel with a local resident and asked the same questions as included in the queationnaire and the only negative :esponae to the hotel was interference with television reception, and there ie• a condition in the Marciott conditional use permit reqiitring an antenna to be :orstructed by the hotel to compensate for Any loss of television reception and that condition is also pcopoaed in this requeat and they will accept it.? Mr. Farano continued with the photographa as follows: (4) Map of location of Community Garden Towers, a 19-story retirement homes two towers on the corner of Lewis and Garden Grove Blvd., OrangF, within 1/8 mile of two-story apartment and buildinga and single-family home to the north (Mr. Farano stated he wasn't aure if these were subsidized housing or not, but they are primarily for retired pecaons with much amnller ~ ~ita ranging from 600 to 900 aq. ft. although he wasn't sure of the sixe two-story apartment buildings and single-family residence on cornec oi ~ancho and Hyde Street, directly to the north of Community Garden Towerst (6) Map of Century City and Beverly Hills projects - two 23-story high-rfse condominiums, 33-story office towers, 11/28/83 MINUTB&, AN~HBIM CITY PLANNING COMMZSSION, NOVEMBER Z8. 1983 , 83-784 20-etory condominium, two towers, two end three-etocy condominiume wikh guacded entrancea within 1/8 mile of oEfico building end Century Towere, two-story Apartmant building and single-f.emily cesfAencea v~lued at ~500,000 end up, wtthin 1/8 mile af condominiumai (7) entrance to Century Taw~cs on Aven~ie of the Staret (8) 6ntrance to Century Towere And 3-stocy condominiume directly no[th of Century Toweret (9) Avenue of r.he Stera and 3-atory condominiuma 1/4 mfle north of Centuty ToweraJ (10) 3-story condominiums an Empyreon Way north of Century Towersr (11) 3-story condominiums on ~venue of the Stacs and Galexy way, 1/8 mile aouth of 33-atory oEfice buildings in Century Cityt l12) 3-ato~y condominiuma on Century Park Eeat, 1/8 mile south of high-cise buildings in C~•ntury Cityt (13) 20-story condominium on corner af Ulxmpic and Century Park East, Century Cityt (l4) aingle-femily residence on Shir:ey Place, Bevetly Hilla, within 1/8 mile of high-rlaea in Century Cityr (15, 16, 17) Single-family residences and two-story apartment buildinga on ~hicley Place, B~verly Hills, 1/8 mile eaet af high-riaes, Century Cityj (18) 2U-story high-rise condominium toaer, ORIZABA and Ocean Dlvd., Long Beach. Mc. Parano referced to the questionnaire of people who lived in the area who Mould be afEected by the pro~ects and the findings were that there were no ceal problems and expl~ined tt~e queationnAir~s were done on a random selection basie and all the atudiea have been submitt~d to the Commieaion for their review. [~e add~d they have about 3u0 photographs and wece selective in the oneA submitted to Commieaion and those ~ubmitted are the onea that moat cle+irly depicted the aceas. He added there is a parking problem at the ~ong Bea~:h complex because the facility does have vecy limited parking apaces in the:-r parking etcucture and he thought only one space per uniC was provided in tha~: project and t~ie units are compacative in size. He added he did not think tha1: would be case in this proposed project for the office buildings, hotel or con~9ominium towera becauae between 30Q or 40U spacea ace proposed over c~de requicements. Concerning the skaff repocts, Mc. Parana atated it ts their opini.on, and the EIR points out, that the commeccial shopQing areae, commercial uses, and office towera go very well t~yether and complempnt each other and referred to the South Coast Plaza area, and they expect the uaes to aupport each other. He stated they think thia will be a self-contained development and a person could actual.ly live there, work khere and have their recrPation there. Regacding the ~IR, Mr. Facano stated r.r~ey do not understand the eomments regarding a Fiscal impact Report because the Environmental Impact Report does contain a Fiecal Imp~ct Report or Coat Benefit Study to tche City of Anaheim with this project and it discloses thak this development will result in a cash f1oW income eo the City, as a reault ~f coom taxea, etc., in excess of ~2 million and the expenae of the City to maintain with police protection, etc., wi].1 cost approximately 5388,000 which reaulta in a poaitive cash flow of about $1.6 million per year to the City, and the EIR in@icates the present mobilehome park produces income of approxim~tely 56,000 per year. Mr. Parano continued because of income to the City fcom this pcoject, they heve ptoblems with some of the iteme in the strff report, particulerly insofar as the stceets are concerned. 8s stated they have worked with steff on this project for a long time, and all reasonable people do on occasion disagree, and he has a greet deal of ceepect for the staff and hoped it is mutual, but disagrees with staff. He atated they agreed with the City that they would pay 11/28/83 MINUTES1 ~NAHBIM CITY PLANNING COMMISSION NOVEMBER 28 1983 83'78~ fnr end conetruct the axtension of Clementine to Convention Way end would alea pey fuc and conetcuct rhe extension oE Convention Way from khet point to Hecbor Snulevecd, but did nok a~y that they would construct thet at~aet or pay for the canatruction of that etreet ell the way to Orangewood. He etAted maybe it ie e mook point because it is their understanding that whetevec off-site conetruckion they do w~ll be on a reimbucsement basis and when the p[operty adj~ining or the properties in the area thet benefit fcom theae impr~vements develoQ, they will reimburse them theic portion oE theic out-of-pocket expenees. He stated it ie the cost uE the front-money wh~ch ie a aeriuua matter and he thought, not countlny the cost of the land, they will be contributing about $1-1/2 million for off-site improvemente and t~~ought Qrobably the value of the property to be dedicated £or Clemenl•ine Stceet i~ pcobably anothec 31-1/2 million, ao they ~re payi~~g theix way. He stated the point is that anything has ite bceaking point dnd thia is a 1-1/2 million aqunre foot devel~pment and the hotel will be developed Eirst and th~n the ccndominiume and the streets are noC going to hAVe to go in unti.l ~.he office towers ace developed which could be 6 or B yPare or lari~er. He atated the p[oblem ia the obligation on the part of the owner and devzlope~. of this project which has a cumulative efEect, and before thay get thr~ugh there ia a lot of other tnoney they will have to spend wl~ich they don't know about n~w, ~o even though it seeme like a amall drop in tt~e bucket, conaidering the aize oE the project, he would not want to see the project go down the tubes because of someth~ng like this. Alao, therE is e recommendation from ataff that the applicant pay for the ~ucciinse of the propECty to the eauth for the pu[pose of constructing the streett ~nd if it was neceasary for the City to exerci~e its powecs oF condemnation to extend the sCreet, they agreed to undertake the legal wock involved, but they did not agree to buy the property for the stceet and thought it is an o~~erwhelming bucden to place on the ownec. He stated on a coat benefit basis, developing some of the residential projecte really puts e strain on the city for maintenance, but iG is cleac this project will pay ita own way. He stated ii the City reelly war~ta to setiously consider requiring them to pay for running a street acro~s somebody e:se's property to the south, he finda it somewhat embarrassing to talk about. Mr.Farano stated they did inform the property owners tu the 8auth, Mc. and Mrs. Fujishiye, about this recammendation and t.hey did a 2ega1 memorandum about the agricultural preserve and found thak it d,~esn't have to make any difference. He atated he did not know what the Pujiahiges' attitude is concerning this issue of the continuation of Clementine. Mt. Farano atated he disagrees with staff regarding an agreement or resolution that the Council adopted in Februacy of this year relating to the owner6 paying their proportionate share as a requirement of Development AgrePment No. 83-O1 between the City of ~naheim and Anaheim Stadium Associatea. He added that is a cundition of approval throughout the stafE reports and before he could say hie client is willing to eomply, they will have to knoW a lot more about it, and couid not be put in the position of giving the city an open checkbook. He stated they are in agreement with Conditions 1 through 14, with the understanding thAt the ~250,000 they are going to pay for traffic aignals include~ the requirement of Condition No. 15= that r.:~ey haven't discussed the bua ahuttle service, but thought that would be no pcoblems nnd that thll/28/83 MINUTES~_ ANAHEIM CITY PLANNING COMMISSION. NOVEMBBR 28~ 1A63 83-786 would not ba e problem with the eprinklere, but they do have the aeme reaecvationa in Condikion No. 20, and thought probably the impect on the Fire Department ie one of che la~g~r lmpecte end thay know this proiect will tex theic facilitiee, but did not think it is appropciate in theoe circumstancea, because thi8 development will psy it~ way with increaaed taxea and revenuee. Mr. Paceno etAled there ere on1Y thcee weivece being requeated which ahowa they are trying to pcesent the best poegible project foc the city and reviewed Che aaivera fot minimum building aite aree and stated thi~ refere ta the density and 618 aquare feet pcopoaed ie 62t of wh~t is normally requiced and he thought the :ity is ready for this type developmentj weiver (b) is for maximum at~uctural heiyht and he thought that is a technical weiver and relates to lhe mobilehome park (Kendr~ Moc~ies explained thet waiver reldtea to the mobileho~~ park end the Fujiahiye's property to the aouth)j and waiver (c) is f:or minimum landscaped aetback and he aid not think there ia much concern ceqACding that because 1E they observed the reguler Ret~acks, khey would have 7200 Fyuare feet of open apece and in thia propoaal, they have about 27,000 aquare feet of ap~n space. He stated they will not exceed the height limitation and the developer will stipulate to a line-of-sight teat. if thece 1s a queation, and if what has been done doesn't meet the requirementa, they will adjust the plane. He stated they do not want any parking problems and have not requeated any parking waiversj that th~ staff cepoct mentions weter distribution fees, mediana, etc. and they are willing to do that and have agreed to the open space dnd payment af the pnrk end recreation feeo of ~.L57,000, and aareed to almoek everything exceE>t those thi~gs menti~ned. Bill Kumer, Chief Engineer, Disneyland, etar.ed they ace not against the project and are in favor of any development that will ~nhancr the area as lony as it i.s aupported by all of Anaheim'x citizPne. He referred to the Viaual intcusion Guidelines (11-24-80-7) whicl~ need to be addresaed and ahould thece be any phyaical checking, Dianeyland would conduct the test and inc~ude the ownec and city to make sure the intent of the guidelines is not challenged as they are vecy concerned about the visual intcuaion from within the park. Mary A. Dove, 300 West Katellb, Anaheim, asked why Mr. Parano chose to present pictures of places in Lonq Beach, etc., and asked why he did not uae their territory, and that he also referred to a senior citizens project and it Was left out. ChairwomAn Bouas explained Mc. ~arano had used Long 8each in exemples showing heights of the atructuces next to othec developments, and there is none of that type development in 1-naheim. Me. Dove asked whet the City has to give the senior citizens in th:s pack because there is no place for them to inove, and that Mr. Pacano had stated in the beginning that part of this was foc senior citizena, and then dropped that out completely. Chairwoman Souas expleined Mr. Parano had ceferred to the senior citizen's towecs in Long Beach as examples. 11/28/83 MINUTES~ ANAt~BIM CITY PLANNING COMMISSION, NOVEMBER 28. 1983 __83-787 Mr. Pu~ishige, stated he ie one oE the f~rmern to the aouth, 1854 5outh Hurbor, Aneheim, and th~re ls a s~reet proposed right through their compound and eaked ~F the atreet couldn't come etreight down to Canvention Way and then curve off to Troy. Peul 5inger. TraEEic ~ngineer, atbtod that road ie only a line on the map dnd the apecitic alignmen~ ie not intended to be ehowr. and this juat ehows thet it is going to go from Point A which ia KA~ella ko Point e which ie on Orangewood And then align bet~een khat And Nacbor eoulevecd. Mr. Fujiahige stated the street will yo through the middle o[ his houae either way, but it takes A lot of work to put. the compound beck together. He asked if there will be ~ fence along the curbing. Annika Santalehti, Aesistant Director foc Zoning, ~tated ataf~ would like ko aee any agreement regerding thc ~treet nnd the design and impcovementa, including fencing, negotieted between Mr. FnrAno and his asaociateR and the Fujiehiges. She added the fencing could be required. Mr. Fuji~hige aaked if tt,e road could be constructed between July end Oc~obec, and a~ked if they will fix all the pipelines, etc7 Chairwaman Bouas atated those ece things that will have to be agceed upon between the property Qwnera. Mr. Fujist~ige stated most of the vegetables can't do without water Coo long. Floyd Facano stated they will stipulate for the record that there will not be any vieual intruaion to Disneyland, and they would be willing to have the balloon test. Concernfng Ms. Dove's remarka, he apol~gized for not cleacly preaenting this, but they ahowed thE picture of a 19-atocy senior citizens high-ri8e housing complex in Garden Grove eimply to show a high-cfse 19-story building and it had nothing to do with eenior citizens for this project, and it was to show and give some idea how this development will affect the erea. He stated they went to Long Beach and Centucy City because they couldn't find anything that wae similar ta what was being propoaed in Orange County, especially in Anaheim. Concerning Mr. EujisF-ige's concerns, Mr. Farano stated t~ey ace also very concerned about the effect this development will have ~n his pcoperty and he thought from the skandpoint of the timetable, they expect and hope conetruction of the hotel will commence sometime duc~ing the foutth quarter of 1984, after the Olympics and they understand and City staff wants the stocm drain to be installed prior to commencement of construction, and the answer is •yes' they will coordinete with the Fujishiges to the extent pussible not to interEere with the crop planting. Mc. Farano stated there ie still a lot of discussfon cequired cegacding the alignment of the atreet and they intend to be good neighbors and will try very hard to work very closely with the Fujishiges. Mr. Farano stated there ac~ a lot of things involved and they would like to work out the dedicakion of that stre~t in a way that is least expensive to everyo~e ~nd accammodates evecybody, as far ds they can, and he thought those 11/28/83 MINUTES, ANAHEIM CITY PLANNING COMMISS~ON, NOVEMBER 28y 1983 83-788 kind of thinga ere to be diecussed, and they will diecusa the fencing, among other thinge. THE PUBLIC HEARING WAS CLOSEQ. Cotnmisaioner Fry etated he is really concerned about the atreet situAtion and the treffict that obvlously the exteneivn of Clementine Street acrose Retella is mandatoryt that Mr. Patano t~ad said he disagr~~d that the developer should be involved with tho acquisition of the lend to extend the street end aBked the reaeoning for th~t di~agreement aince khey erp khe developer and the one creating the impect on the area nnd whole city. yec don't feel they should be involved in acyuisition of the .land. Mr. Farano atsted they have Agreed l•o construct the atreets and underet~nd and ayree that the tcaffic oituution ia the single most important consideration in this area, and they know if this is developed and nothing ia dona about the traffic, it wil.l all fall over. tie atated they are willing to put the money up Econt for the streets, but they do not think they should have to pay for the real pcopecty, in the event Mc. Pujishige does not aee fil• to dedicate the property for the atreet extension and the City condemn3 it, and that is whal• staff has recommended. He etated the reas~n foc their feelfng is that they have tried to atructure the project so that the moet favorable income-producing element is developed first, namely, Lhe hotel because the hotel is a loser as far ae they concerned since it will be 5 yeura before it makes any money, but it will be an incentive Eor the City to zeriausly consider thi~ project as a whole. He atated when the project is completed, it will produce a eubstantially gceatet amount of money, almoat 4 to 1, of what it is going to cost the city. He added tt~ey will be doing a lot of othec off-site improvements and to cequice them to purchase property is unreasonable, and stated he has never hea~d of the City requiting any developer to do that in the past. Commissioner Fry atated t~e does not agree. Chairwoman Bouas asked if the developer is going to operate the hotel, with Mr. Farano replying his client would not be operating the hotel and would be the principals for the office structures and condominium towera, but will ~antract the hotel operation, and lhey have talked to 4 or 5 potential operata:s, but until the zoning is in place, no one wante to get too serious about anything. Commiasioner Bushoce stated this is a massive development and the owners made the decision to dfsband the mobilehome park which he did not agree with, and there ie another hotel project for 488 rooms just down the street and the owner cannot find an oFerator, and alth~ugh thie is a little better locatfon, it is twice the number of rooms and the pressure foc the lacger hotels seems to have tapeced off dramatically from his study of the market in thdt area. He stated the office buildings are the last phase of the ptoject, and asked how long it would be before the office buildinga are consttucted. (Mr. Farano responded probably eight to ten years.) Commiesioner Bushore continued there is probably a 3 year, 6 month supply of office units avnilable right now and there is the massive development coming in the Stadium acea. He asked if the the developec ha~ checked the marketability of the potential for buying in that ar~a, realizing ft works well in the beach areas and in Century City. He 11/28/83 MINUT~S, ANAdBIM CITY_PLANNING COMMI83ION, NOVBMBER 26, 1983 83-789 ~kAted ehe City did not tell the owner that he ehould chenge the use from a mobilehome park or thnt he ehould try l•o go for thie mAaeivr a project. Ne eteted a~roject of that aize certainly ceusee some mAeRive problema on the aree, but he would ayree that while the ownec has tt~e right to dove]op tha pcoperty in this manner, it is not up to the City of Aneheim to condemn the pcaperty t~ che aouth if the uwner cannot negutiete the sale of the property. He atated mAybe the pcoperty is just heing ovecbuilt if it is going to cause that many problema. He ateted he likes the project, but cannot expect tho City, evon though Convention Way may be needed, to go out and condemn the adjacent pcoperty. He added obvinusly the City doenn't need Convention Way thAt badly oc they would have already condemned it. Conuniasioner Buehore stated the Conv~ntion Center and Dianeyland are both big draws, but maybe the saturation hes been ceached for large hotela in this area. He ~tated he is questioning why they are bcinging in such a massive development with all the unanawered queeGions. Mr. Farano steted ~hece is a la~ of philosophy involved and he cealized Commiseioner Buahore hae reiaed a lot of seci~us end lagitimate concerna which they have certainly thought about and the anawers ere not simple. He stated he has talked to experts, not only in the hotel and commercial office and condominium tower buainesa in this acea, but in other a~eas, and the impprtant considerations ere the dcawe in the area and cefecred to khe development acound the John Wayne Airpo[t. He atated this hotel will havP a fea~ibility etudy to find out what kind of hotel it should be. He stated this is a unique area which overwhelma some of the pcincfpals t~cduse of the Stadium, Convention Center and Disneyland. He stated t~~e traEfic eituation ie serious enough in this area that if it is nnt reaolved, the area will not grow. Mr. Fac~no atated he thinks this project i~ going to intcoduce a whole new attitude toward the phllosophy of what Anaheim ~~ants its commercial recreational area dnd its city to louk like. He steted he has a study which indicates, including the cooms on the ground and the ones the Commission has sppcoved, including this one, there are 8,300 hotel rooma in the City of Anaheim in this area. Commissioner Herbst stated he would agree to a certain extent and the Commiesion has to look at the projected growth ~f ~nahefm, and the projected impact this would have on tne Convention Centec. He steted ~naheim is getting to a point where the convention business is b~caming one of the largest in the United 5tates, and the more hotel rooms we have, the lerger conventions we can draw, especially if they are within walking distsnce of the Convention Center. He stated he tho~ght this parciculac development doee fitt that he ha8 bee~ talking to atwff for many years about creating a high-cise condominium ord~nancef that he haa seen 19-story condominiu.m projects in sm~ller cities and they aeem to pencil outt and if this is developed ax proposed, it would pcobably be one of the finest developmenta anywhere, and thet Aneheim hae to stop thinking they are a amall city. He added tfiis project would impact that area probably more than anything else, outside of Dieneylsnd, which hAS been built thece and the infrastcuctures would have to be rebuilt and the 5s acres o~ agriculturel ground should be included in any atudies because he felt when they are ready to develop, it will ~robably be at leASt to a density aimilac to this one. 11/28/83 MINUTES, ANANEIM CITY_PL~NNING COMMISSION, NOVBMBER 28, 1983 83-790 ~ommioeioner Herbst h~ thouqht the dedication of roads through that property should be done by the ownece becense this developer would t~ave to put the streeta in and he would benefit from thet when he gekA reedy to develop. He etated if that street doesn't go in, thie devel~pment p~obdbly will fall apart~ therefore, thece will bo an impect on the adjacent property. Mr. Ferano sCated he certainly concucs and khey reelize that the btreet has to go in and th~ Ttaffic Engineer has indicated thet it probAbly wouldn't be needed until the affice towers ace devel4ped. He pointed out there nre 23 acrka of land end the denaity propoeed, as fac ae Che numbec of people the project will genecate, ie probably a lot less than the populetion genereted through the development of a hotel on the 23 acres, which could be approximntely 2,OOJ hotel rooms, probably without exceeding the height limits. He atAted the traffic impact on theG erea with that numbec of pcople i~ far moce than wh~t this project would generate, easily twice es much traffic. Cnmmis~ioner La Cleire atated ehe is in favoc of the project and agreea with CommiAeioner Herbat, but she wond~ced even 1E this ia approved, whether or n~t it will be develo~ed, and also she would hope that Mr. Fujishige would cooperate becsuae when it comea t~me to develop hia pro~erty, Lhe atreet will be needed, but she did not think the City of Anaheim should pay Eoc it and in the past the landownera have beun eble to get together and come to aome agreement. She added she has been wanting to see high-rise condominiuma or apactments and a8ked if a cost ana~ysis ~~ad been do~e for tt~e condominiums and asked what the ptice ranye will be for the condominiums. Mr. Parano stAted rhe condominiuma would be the second phase and he thought it wuuld follow cloaely after ~9evelopment of the hotelr that the hotel should be completed in 1986, that ie if construction is commenced in the last quarter of. 1984, and the condominiums would be started immediately thereafter because that would pc~vide some equity the developer wauld be giving up for the hotel. Annika 5antalahtf, Aasistank Direcror for Zoning, respon~ed to a question from Mr. Farano regacding a condition prohibiting time sharing. that staff has had some questions regarding time sharing, generally for motel$, and it has been their feeling khat if this project ie 3pproved by the Planning Commission for cesidential condomir.iums, they would expect ~o see a aeparate applicat:on if that is a Froposal in the future. Mr. Facano responded he wasn't exectly suce what time charing means, but he would comply with that condition. Respondfng to Cortuniasioner Herbst's queAtion ~a to what difference it makes whether it is time ghared or not ~ince thece would be the sam~ .~umber of people khere at one time, Annika Santalahti stated it would make a greah deal of difference in parking, Eor. instance, becauae for time sharing the requirements may be 3ubstantially reducedt and also bed tax is e big issue since there fs no bed tmx required for per~anent occupants. 11/28/83 MINUTES. ANAHBIM CITY PL~NNING COMMISS_IO~,~ NOVBMBBR_ 28,_1983 83-791 Floyd Perano steted they will have to pcopece CCiRa for the condominiumo end will cectainly etipulate thAt eny legel documenta ptepared fat the condominiuma would include inetcuctione and requirement thr.: if anybody doea leaao those condominiuma foc anything le$a then 30 days, they would have to pay bed ~ax. Chairwoman Bouas stated a time-aha:ing situetion ia moce thnn ~ne owner, with a owner pAying a portion foc one ot two weeka of the year. Mr. ~aran~ agreed the City ahould know 1E that ie the eituation. Commiasioner Pry atated he feels this ia an excelYent project, if it is ever built which he doubted and he thought it ia extcemely cornpatible= but by the applicant's own admiseion there ie etill the most horrendoua traffic problem in Orange County and that ia hia big concern. He ceferred ko the Irvine and South Coast Plaze aceas where trAffic is elso ~~ major problem. Ne ateted he felt the most critlcal isaue on thia pcoject is the acyuiring, planning, and developing oE that atrept and vehemently diaegceed that the owner/developer should n~t pay for the acquisition of the property for the extension of Clementine and Convention Way. He asked the City T[affic Engineer why he deemed it necessary to extend r.lementine rll ~he way to Urangewood. Paul Singec, Traffic Engineer, stated original].y t1~e plan Eor Clementine is inr.ended to go ull the way to OrangeWOOd Avenue, end no apecific etudy w~s conducted to detecmin~ how much of Clementine needs to be builtt that it has to hook up to Hurbor eoulevacd. He stated his eaCimate ie that they will need at least one lane in each direcri4n, plus a turn lsne, foc a total of abnut 40 feet on Clementine from the south property line to the projected extension of Convention Way, and from Clementine to Harbor ~n Convention Way. He added he doean't have anything but 'guts' to go on south of there. Commissioner Fry stated he knawa the City wants the ultimate, and asked if it is reasonable to expect this developec, in the event t~ey have to acquir~ land, to extend Clementine all tre way from Katella to Orangewood. He agreed they should acquire the land itom Katella ko the extenLicn of Convention Waf and Convention Way to Harbor, but did not agcee that they should be saddle also with the ~xtension of Clementin~ from the pcoposed extension of Convention Way down to Orangewood. Mr. Singer atated since this extension of Clemenr.ine will not take place untfl the third phase of the development, i.e. after the hotel i~ constructed and aEter the condominiuma ace constructed, both of which can take adequate access - the condominiums to Haster and the hotel to Katella, and on1Y in the phase of development where the office complex takes place, probably 8 to 10 years in the future, will the etreet be cequire~. However, in the meantime, other developers in the area are going to come in and participate fn this off-site improvement because they will be impacting Katella and will have to find a way out in order to conatcuct on Katella and there will be no expanaion possibility. He added there is a motel lo~ated on Hastec and Katella on the southwest corner, and if that should come in for reconstruction, it would be virtually impoeaible to construct a high-rise hotel or an office building or condominium without actually finding aome relfef foc traffic, so he will have to pacticipate in the cunstruction of Clementine even though it is completely off-site, but it will aid traffic in the ~rea so it will mAke it possible for him to butld, and the same thing is true on the southeset aorner of Harbor an~ 11/28/83 MINUTES_,__~NAHEIM CITY PLANNTNG COMMISSEON, NOV~MBER_ 28, 1983 83-792 Ketella. He stat~d wi`hin thm next 10 yeare he anticipetea A lot more than juat this perticular development to teke place end perticip~te in thet conetruction. Commiesioner Fcy etated that ia khe pact he eg[eea with, but the extenaion of Convention Wey on down aauth to Orangewood ahould he handled by future developere of pcoperty that ie down there and asked why this developer should have to do it. Mr. Singer stated if this is approved today, by the time the ofEice buildinga are conetcuct~d, there will be a numbec of participanta in that construct.ion and the whole point will ~ecome moot and it doesn't mean that this particulac developer has to pay che entire cost. He stated thia developer wae required to conetruct the medlan on Katella between C ementine and Haster, and at khe same time, the eame condition waa placed o~ the Ibia Hotel, so the~ can aplit the costs and thet ia wha~ he is anticipat!ng for thP extenaion oE Clementine. Commieaionei: King stated he agraed with Commiasfoner HerbsC and thak tie favors the pro~ect ~nd tho~iqht it would be an asaet for the city. Commiasioner Herbet etated he is ready to make a motions that he doea not agcee that Ghis developer ~houl~ be saddled wit.h probably inillions of dollars of off-site impcovemente that eventually is going to benefit the property it is going through. He st~ted he recognizea that the project ia going to be from 8 to 10 years before developing ~ut, and in thAt period ~f time ~t~~e agricultucal preserve which is on that 55 acr.es will probabl.y expire and they will do samething about developing that property and it can stand an its own, and fortunately this developer is in favor of paving the streets, but atill thought that property owner should dedicate and it is not up to the City to buy it. He sta~ed the property owner sl~ould take a look at his own future development and realizE what is best fox him and for. the city. Commissionec Fry stated he thought in A way Commissioner Hecbst is agreeing with him and if they can negotiate, that is the answer, b~:t he did ~ot believe the taxpayers of the City of ~naheim should have to pick up the tab for the street. (Commissioners Bushore, Herbst and King agreed.~ Commissioner La Clafre asked if there could be reimbursemc~nt agreement on this project, or something similar to a asseas~ent district. Mt. Farano stated he did nat know that they were going to be asked to buy the land or that Development Agce~ment No. 83-01 would affect them. Commissioner La Claire atated an asseasment district would enable them to shace in the cosCs ~nd it would encourage those propecty owner~~ who eventually will develop to per.haps do ao now since the cost of development would be lesa now than it would be in the future, and if thpy know for aure that they are in the asseasment district and will have to pay, there perhaps may be an incentive to do it now. She stated ~he doesn't feel it ia cight for this developer to pay all the coste. Paul Singer explained he had suggested that the street :.•- co.~structed as a pilot atreet in total, because eventually it has to t~e much wider than 40 feet, but a reimbursement district could be set up similar to the one that was done for Cabat, Cabot 6 Forbes, the Bauer Ranch, etc. ~e stated CC&F ia 11/28/$3 MiNUTBS. ANAH~IM CITY PW-IdNING COMMISSION, NOVBMBER 28,_ 1963 ____ 83-79 apa~ding ;4 taillion Fcc off-aite improvemsnts end thet emounte to approximately ;2.00 per aquace font of building. Commiaeioner euahora eteted msybe thls could be epp~oved eince it will be phasQd e~iywey and befoce permita ere iesued Eoc thg condominiuma, the City cen teke a look et the tGeffic in the area end eee if it neede to ~,e tied with the conetcuction af the streets to the south, which would buy the time everybody ie tniking About when the propecty mey come out of the agcicultural preeerve, and this would allow time to aet up eppropriate districts and see whet ie happening in the acea. Jack White, Aasiatant City Attocney, etated in cunnection with the Stadium urea development, there was a Development 1lgceemAnt which covered certain public improvemenCa on which CCLF wa8 yoing to heve to ~'ront the entire cost, auRject to the creation of eubaequent aeaeesmont dictricts to pactially recoup the costs. He atated khE condition impoaed in connection with thix development metely requires thet pcior tu hotel construction, dreinage acceea bo acquired off-aite, and that prioc to conatructinn of the third pheae office development, the streetE be acquired and dedicated to the City and conatructed off-site und it does not go into dKtail as to wh~ pays for whet and what the financial mechaniam may or may not be nnd it wae intentionally written that way to be open-ended at this time becauae it leada to subaequent negotiation between varioua parties as to how the necesaery right-o~-way and improvements ate t.o be inatalled. Cummieaionec Herbat agreed it is a~pcopciete to leave the condition as wcitten, si~ce if they cannot get an eqreement for the et~eet at the time they start building the office buildings, and tt~y don't want to pay for the streete, they simply could not build tt,e buildinqa, and agreed that makes sense aince ic ,yives them 7 or 9 years to neqotiate with tt~e aucrounding prope-ry ~wnera. Mr. Facano atated tl~ey are going to do that and he wo~ld submit that the CCiF devel.:pment is not the same eituation because t1~e Cit;y is leasing land to CC&F, or CC6F is acquiring public pcopectyt and this devel~per will be acquiring propecty from a private party and he ~~id not know if thece is anywey to tell what effect thp off-sice d~evelopments such as the bridge crossing the Santa Ana Rive~ hRS c„~st-effectwise on their p~:operty, and thac ~4 million up front for off-si+.e improvementa could uery well be covered in the deal the City made with CC6P as far as the City's p~operty is concerned. Commissioner Herbst ceferced to the Kaufman and Broad egreement for B;uer Ranch which ha~ an agreement wherein they wi:l put in all the improvements and when a propecty upstream developa, tney will be reimbursed. Mr. Farano atated he cecta~inly did not want to put the project in a position of feiling for reaeons such as this, but at the same time thought the proposal that Mc. White has made is open-ended and is not re~lly that good and he did not thi~k the City would comply with that if they were on the receiving end, becauae it is a non-apecific binding requirement on theic client and he was not sure that he would adviae thcm to do it and if the City, Commission, staff in the City l~ttocney's office, etc. want to explare it mare, maybe a working ;_:emenr. can be discussed and he would like to have it nailed down in place bef~re going any further. 11/28/83 MINUTES. AN~H62M CITY PLANNING CUMMISSION~ NOVEMBER 28. 1983 83-791 Commiasioner Herbst atated a continuence ia in ocder for him to work with with hia client and with etefE. Mr. Parnno steted he would requesl a twa-week continuance, bocause he would like to discuse eome of the other propoaed conditiona before the vot e. He ceEerred to a condition paeaed in Febru~rX 1983 khet relates to them egreeing ko pay e proportionate emount ot developments an~ impcovementa in t he genecal erea and he did not u~decetand and befare going any further, would like to diacusa thern with staff. Commisaioner Herbat auqgeated a Eour-week continuance. Mr. Facano ateted he thought two weeks would be adcquate. ACTION: Commiseioner Uecbst offered a motion, aPCOnded by Commiseioner Fry and MOTION CARRIED (Commiasioner McBurney absent) thet coneideration of the above-mentioned rnatter be continued to the regulerly-acheduled meeting of Decernber 12, 198~, at the reyuest of the petitioner. Cortuniseioner Buahoce statQd about four montha ago the Commisxi~n talked about [eviewing the CR zone to see what wae really happening thece nnd may bp brinying cectain areas into conEormity, and axked thf~ atatus oE tha t ceview. Annika Santalahki replied ahe did not think staff had done anything in that regard, and clariEied the area was on Fiarbrr, northerly of the CR zone. Commisaionec Buahore atated thece ere thinga happening up thece wit h CUPs which ceally should be brouqht inta the CR z~ne, and he felt it should be reviewed to see how it had actually developed. He asked if it would be wieer to bring the two condominiume in under a CUP rather than changing the zoniny. ~nnika Santnlahti ~eplied that iA a alternative the Commisaion may wiah to conaider. She added under the Subdivision Map l~ct right now, the Commfasian ia cequired foc residential subd.ivisions ta have it be conaistent with the General Plan and she dtd not believe the General Plan currently say s that residential subdiviaions can take place in the CR zone and that is the rrason foc this reclasaification, and even with a CUP they would have to file a tract map and under the cucrent state law, the property hae to be residentially zoned, or the General Plan text would have to be amended to ceflec t that s cesidential use is a CUP pogsibility. Commissioner Bushore atated he knows there are propertiea cight in the heart of the ~R zone where people have looked for reaidential use and it doean't m~ke aense to have to approve a resic~~ntial use in the middl~e of th e CR zone and have this one little circle of p~~ssible re~idential. 1-nnika Santalahti atated staff will review the aituation. Jack White noted the motion for a two-week contirsuance applied to Items 7, 8 and 9. I1/28/83 MINUTES. ANAHEIM CITY PLA~INING COMMI86IONJ NOVBMB_~R 28~ 1983 _ __ 83-795 ITEM N0. 10 - RBPORTS AN D ItECOMMBNQATIONiR: Tha folluwing report end cecommendetlon Btaff repocta were presented co the Planning Commisaion: A. GENEML PLAN 11M ENDMENT N0~ 186 - Modification to the ap~roved Exhibit 1-. ( ZnEormetion only/no action required). Jay Tashico, 1-seociate Plannex, preaented the eteff report indicating tha t in October 1983, Genecal Plen llmendment No. 186 cel~tive to am~ndment to L•he Circulatioa Element wna adopted. He stated today's concern ie the auuthecly exteneion of weic Canyon ' ad. Ne stet ~d subsequenC to the public heering, Planning staff ~~,~t with cepce sontetivee from Oak Hilla RA~ch, Irvine Compeny, Gity of Orange, Sie rra Club and Sea and Saye ]ludobon Soci~ty to discuae modifying the extension to the aouth and the consensua wAS that it ahould be modi fied and not show the suutherly extenaian. He explained Exhi bit B only ahow~ en ecrow pointing south to the ephere of influence o~ Orange~, basicelly giving the tlexibility of the exteneion eaut:~ going in any posaible direction. He explained this will be preae n ted to the Citv Council on December 6. It was noted t hie report ie for infor.mat~~n only and no action is required. B. PROPOSED ORDINANCE PERTAINING TO PLI~NNSNG COMMISSION ACTIUNS: .7ack Whiter Asaiatant City Attorney, explained this ordinance is to overcome the current lacl;of procedure in the Code in the event of a tie vote and this would ellow the Commiseion, by motian, if appcove9 by the City Councll, to move an item to the City Council whe~e there is a tie vote without waiting foc the axtta meeting to tr;~ to bceak the tie, or i t theY couldn't yet a vote, it could just be conti.nued on to the nex t meeting. ACTION: Comia ~ssioner La Claire offered a motion, seconded by Commissioner Fry and MOTION CARRIEp (Commissioner Mcaurney absent) that the 1-neh~irt~ City Planning Commission doea hereby recommend to the City Coun cil adoption of pcopoaed ordinance pertaining to Planning Comm iasion actiona concecning tie votea. ADJOURNMENT• ACTION: Commissio nec Herbat offered a motion, aeconded by Commissioner La Cl~ire and MOT I ON CARRIED (Commisaioner McBurney absent) that there bein~~ no further buginesa, the mPeting is adjourned. The meeting was adjou[ne~ at 5:25 p.m. Rcspectfully submitted, ~~ ~ ~V~~ Edith L. Batrfs Secretary 11/28/83