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PC 1984/04/30~ ~b ~ ~ REGULAR MEBTING OF TtIE ANAHEIM CITY PLANNING COMMIS3ION REGULAR ME~TING ThE regulac me~ting of khe Anaheim City Planning Commiesion wae c~lled to order by Chairwoman Bouas at 10:00 a.m., April 30, 1984, i~~ the Couhcil ChambPr, a quorum beinq preoent ancl the Commission reviewed plana of the items on taclay's agenda. RECESS; 11:30 a.m. RECONVENE: 1:33 p.m. P~tESENT Chalrwoman: Bouas Commissiuners: Bust~ore, McBur.ney ABSENT Commissioners: None Fry, Herbat, L~ Claire, King, ALSO PRESENT Ron Thompson Annika Santa~ahti Joel Fick Jack White Jay Titus Paul Singer Ray Auerbach paDlo Rodriyuez Chris Jarvi Robert Kelley Jay Tashira Greg Hastings Edith E~t~rris Planning D~rector Aasistant Uicector for Zoning Assistant Director for Planning Asaistant City Attorney Off:lce F.ngineer Traffic Enqineer Water Engineering Manager Wal-ec Engineer Pa:ks Superintendent Associat~ Planner Associate Planner Aseistant Planner Planning Comrniesion Seccetary ABPROVAL OF MINUTES: Commiesionec King offered a motion, seconded by Commissionec Pcy and MOTION CARRIED (Commissioner La Claire abstaining), that the minutee of Apcil 16r 19fl4, be approved as submitted. ITEM N0. 1. EIR NEGATIVE DECI.,ARATION AND VARIANCE N0. 3386 PUBLIC HEARING. OWNERS: BERNARD J. STAHL AND BILL J. NlCKEL, 8151 Katella Avenue, Stanton, CA 906t30. AGBN'1`: J. WARD DAWSON, 280b E. Xatella Avenue, fiul, Ocange, CA 9~667. Property described as a rectangula~.ly-shaped parcel of land cor.~isting of approxima~ely 1.0 acre, 1666 South Nukwood Street. Waivers of maximum structural height and minimum atructural setback to conetruct a 26-unit apartment complex. Continued from April 2, 1984. ACTION: Commiasioner La Claice off~red a motion, seconded by Commissioner Mc9urney and MOTION CARRIED, that conRideration of the above-mentioned matter be continued to the meeting of May 14, 1984, in order for the pe~itioner to aubmit revised plans. ea-zzs 4/30/84 #0043m ,H MINUTES, ANANEIM CITY PLANNYNG_CUM_MISCION, APRIL 30, 1984 84-226 ITE'M N0. "l. EIR NEGATIVE QE;CLARAT20Nr RECLASSIEICATIGN NU~ 83-8A-23 AND VARANCE N0. 3334 PUBLIC NEAkING. OWNkRS: DUN C. ANp Z'~MIRIS DUKE, 3538 W. S~vann~~ 5tre~t, Anaheim, CA 92804 ar~d DUANE FREpERICK AND SALLY ANN PETFRSEN, G00 S. Nutwood, Anaheim, CA 92804. AGENT: JUH~J KING, 19522 lndepend~nce, i.ane, Huntim,,.on Hench, CA 92646. Prope~ty ia deacribed as a re~atangulmrly-c~haped parcel of land consisCing of ap~coxi.m~lely 0.78 acrc, :i538 W. Savanna Street. kS-A-43,OU0 to the RM-1200 W~aivers of: (a) mAximum structural heiyt~t, (b) minimum [loo~ area, (c) minimum landscaped cetback, (d) permitted encro~7chment into fcont yard and le) permitted lncation of tandem parking spac~a t~ COASCI:UC.f a 28-unit ap~~rtment complcx. Continued fcom April 2, 16, 198A. A~TION: Commissioner I,a C1Kiice oCfeced ~~ motian, secondE~d by Conmiflsianer McF3urney and MOTION L'ARRIED, that canslder.ation ~L the abov~-mentioned matter be continued to the meeting oC May a~l, 1~84, ra~ the reque3t of tF~e petitioner. ITEM N0. 3. EIR NEGATIVE D~CGARATI.~J'N AtJD G'r'.NERAL PI.AN AMEN~MEN'i' N0. 193 (READVF.RTISED) PUbLIC HEARING. OWNERS: 'WCS INTE[~NA1'iONAL, ATTN: GEOttG~ ADAMSr 32U0 E. Fr.onkera Street, Anaheim, CA 9'ZBUb. Prc~pert,y la described a~ a rectangular:y-Rhaped parcel of land consisting of up~roxima~.ely 2.8 acres (Parcel A.) 1.9 ar.res (awner initiated) located sour.r~ of the Riverside Freeway ~3nd 1030 feet eaet af the centerline of Glassell Street; p.ric~, (ParceJ B.) 0.9 acre iCity initiated) located south of the Riverside Preeway ~nd 1750 Eeet east of Che centecline of Glassell 5treet. To change the curcent Gener~~l Op~en Space deeignation to G~ener~l InduHtcial. It is the intent af the property owner to Expand the existing reaource recovery and recycling cer.rer. It is th~ City's intention to bring the lAnc~ uae designation into conforrt~ance with ~he existing zoning and land use. Continued from A~ril I6, 1984. ACTIUN: Commiasxoner La Claire offered a mqtion, seconded by Commissioner McBurney and MOTiON CARRIED, that considezation of the above-mentioned matter be continued to the m~eeting oE May 14, 1989, at tl~e cequea~ of the petitioner. ITEM t30. 4. EIR NBGATIVE DECI.ARATION, RECL~A3SIPICA7.'ION N0. 83-84-15 iRBADVERTISED PUBLIC t1EA:tING. UWNERS: WGS IN~ERNATIC-~iAL, ATTh: GEORGE ADAMS, 3200 E Fcnntera Street, Anaheim, CA 92806. Propercy dea~ribed as a rectangular.ly-shaped parcel of land consisting of approximate].y 1.85 acres, having a frontage of appraximately 476 feet on khe south side of Frontera 5treet and being located approximately 2,OOQ fset east of the centerline af Glasaell Street. 4/30/84 ~ a' ~ q ` ~ M2NUT~S, ANAHEIM ~ITY PLI~NNING COMMI_S_SI.ON, APRIL 3U, 1984 84-227 RS-A-43,OOU (Roaidential, Agricultur4l) 2one to Lhe ML (Induatrial, Limited) Zone to expand A re~ource recovocy ~nd recycling operation including an Automobile ~3lamantling businpsa with wholesele and retail sales of Quta parts. Continued from April :6, 1984. ACTION: Commisaioner La Claire o~tered a motion, eecnnded by Commiasioner Mci3urney and MOTION CARRIED, that conaideration of the ab~ve-menkioned matter be c~ntinued to the meeting of May 14, 1984, r~t the requeat of tt~e petitioner. ITLM N0. 5. EIl2 NEGA'PIVE DF.CLARA'PION ANp CUNUITTUNAi. USE ~ERMIT NO. 2525 (READVERTISED) PUBLIC HEARING. OWNEftS; HOLLY W. DAVYDSON, P.O. B~x 325, Nolualoa, HI y6725 and WCS 1NTERNATIONAL, 3200 F:. FronCera 5treet, AnAheim, CA 928U6. AGENT; ORANGE CUUNTY STGEL/SALVAGE, INC., 3200 Frontera Street, Anaheitn, CA 42806 and GEORGE ADAMS, 3200 E. Nrontera Street, Anaheim, CA 92806. Praperty described as an irree~ularly-a'riaped parce.l of land consisting oE approxim~9tely 8.2 acres, 320U ~ast h'rontera Stceet (Ocange C~~unty Steel 5alvage). To ex~+and a resourr.e r.ecovery o~eration including an automobile dismantling busfness witti wholesale hnd retail i;ales of autumotive parts. Continued from April 16, 19d4. ACTION: Commisaioner La Claire offered a motion, seconded by Commisaioner McBurne;~ and MU'i'lON CARRIEU, that conaideration of the afore-mentioned matf.er be continued to Ctie meetfng of May 14, 198A, at ~he requent of the petitioner. ITEM N0. 5. EIR N0. 223 (PP.EVIOUSLY CEFtTIFIED) AND T~NTATIVE MAP OF TRAC1' N0. 12156 PU~LIC HEARING. OWNERS: WAI2MII~GTON t1UMES, 3Q90 Pullman Street, Costa Mesa, CA 9'1626. AGBNT: pSOMAS & ASSOCIATES, 150 °A' P~ularino Avenue, Costa Mesa CA 92626, ATTN; JOHN STEVENSON. Property described as an irregularly-shaped parcel of land consisting of appcoximately 6.96 acres, having a Erontage of approximately 655 ~eet un the west side of willowbrook Lane, having a maximum depth of approximately 500 fePt and being located a~,~roximately 255 f.eet north of the centerline of Chapman Avenue. To establish a 6-lot, 95-unit RM-30Q0 Zone condominium subdi,vision. Continued fcom April 16, 1984. It was noted the petitioner was not present. ACTION: Commissianec King offered a motion, second~d by Commissioner Pry and MOTIUN CARRIED, that the Anaheim City Planning Commission does hereby find that the proposed subdidision, together with its design and improvement, is cnnsistent with the City of Anaheim aeneral Plan, pursuant ko Government Code Section 66473.5; and doe~, thereFore, approve Tentative Map of Tract No. 12156 for a 6-lot, 95 unit RM-3000 (Res.idential, Multiple-Family) Zone condominium subdivision subject to the following conditions: 1. That the approval of the Tentat:ve Map of Tract Na. 12156 i$ g[anted subject to the approval of Varisnce No. 3391. 4/30/84 ~ ~'~,. MINUTE~,, ANAH~IM CI'PY PLANNING COMMISSION, APRZL 30,_ 1984______ 84-228 2. That should this aubdivision be developed ae mora than one subdivision, each subdivision thereaf shall be e~ubmitted in ten:ative form fur approval. 3. That a11 l.ota within this tract ahall be aecved by und~rgraund utilities. 4. That a final tract map of aubj~ct pcopecty shall be submiCted to and approved by the City Cauncil and then be cecorded in the office of the Orange Counl:y Recocder. 5. That prior to Cinal tr~ct mr~p approval, the orfginal documen~s of the covenants, condil•i~ns, und restrictions, and a letter addressed to the developec'a tik~.l~ rcmpany authorizing cecordation ttiereof, shall be submitted to the t.lty Attorney's ~£fice and appeoved by the City Attorney's Uffic~ anci Er~gineecing Division. Said doeuments, as approved, will tl»n be filed and recorded in tt~e Office of the Orange County Recorder. 6. That street ner~es rhall be approved by the City ~lanning pepartment prior to appr~vAl. af a final tract ma~. 7. That dcai~zage of suby~ct ~roperty ahall be disposed of in a manner satfsfact~r.y r.o the City Engineer. 8. That the cUV~enants, conditions, and restrictions shall incl~~de a condi.cian khat there shall be no motorhomes, boats, trailers, c:~am,~prs, ~ecreational vehicles, etc., parked in any of the designated guest parking spaces, and any parking in the guest parking spaces by the occupants shall be by permits only, 9. That pr.ior to final tract map approval, appropriate park and recreation in-liEU fees shall be paid to the City of Anaheim in an amount as determined by the City Council. I7'EM N0. 7. EIR NEGATIVE llECLARATION AND CONDITIONAL USE PERMIT N0. 2561 PUBLIC E:EARING. OWNERS: LEMON ASSOCIATES, 146 E. Orangethorpe Avenue, Anaheim, CA 9280],. AGENT: SEE'S CANDY SHQPS, INC., 3423 S. La Cienega Boulevard, L~s Angeles, CA 90016. Property described as a rectangularly-shaped parcel of land consisting of approximately 0.9 acre located at the northeast corner of Orangethorpe Avenue and Lemon Str.eet, 75 East Orangethorpe Avenue. To permit retail sales of candy in the ML Zone. There was no one indicating their presence in opposition to subject requeat and although the staff report was not cead, it is refecred to and made a part of the minutes. David Heck, 29423 Stonecrest, Rancho Pa1es Verdest agent, explained they are proposing to open a quantity discount store to serve the busfness community and large ertiployee associations far minimum orders of 50 pounds of candy or 4/30/84 MINUTES, ANAHEIM CI'PY PLANNING COMMISSION. APRIL 30, 1984 8A-229 more and there would elso ~e cetail oalea for people who do not wiah to pur.chase 50 pounda. Ne expl~ined the candy will be pce-packag4d and is top quality candy. THE PUBGIC NEARING WAS CL05a~. Respondiny t~ Commiasioner Buehoce, Mr. Beck explained the facility will ~E o~en to the public. c:ommissioner auohore stat~u ~~~c thaught there might be a parking problem w~th retail sales to the pub~ic. Mr. Beck explai.ned most of the ordera ece phoned in and ttien picked up so thece is no waiting and the L•ransfer i.s made quite ce~idiy. ACTIUN; Commisafonet King offered a motion, s~coi~ded by Commissioner Fry And MOTION CARRIED, that the Anaheim City Planninq Commisaion has reviewed the proposal to permit retail $ales ~f candy in the ML (Industrial, t~imited) 2one on a rectangulurly-shaped parcel of land consisting of approximately 0.9 acrea located at the northeast corner of Orangethocpe and ~emon Street and further de~cribed as 75 E. Orangett:~rpe; and d~es hereby approve the Negative Declaration upon finding that it ha~ considered the Negative Dec.laration together with any commenrs received during the public review proceac and further finding on the ba31s of the initial 8tudy and any comment~ received that thece is no substantial evidence that the pro~ect will have a signiEicant effect on the envirunmenr.. Commissionet La Claire explained if this is approved and then there i~ a paxking problem oc conditions change, the conditional. ~ae permit could be revoked and stated parking and traffic problems are the CommissSoner's main concerns. Commissionsr King offeced Resolution No. PC84-76 and moved for its passage and adoption that the Anaheim City Planning Commisaion does hereby grant Conditional Use Permit No. 2561 pucsuant to Anaheim Municipal Code Se~:tion 18.03.U3U.030 thtough 18.03.030.035 and subject to interdepartmental Committee recommendations. On coll call, the foregoing cesolution was passed by the following vote: AXES: BOUAS~ BUSHORE, FRY, HERBST, KING, LA CLAIRB~ MC BURNEY NOES: NQNE ABSENT: NONE ITEM NO 8. EIR NEGATIVE DECLARATION, WAIVER OF COD~ REQUIREt~1ENT AND CONDITIONAL USE PERMIT N0. 2567 PUBL'!C HEARING. UWNERS: APOLLO INN~ 1741 S. We~t Street, Anaheim, CA 92802. AGENT: DONALD K. KNIGHT, 3513 Honeysuckle, Chino, CA 91710. Property described as a rectangularly-shapQd parcel of land consisting of approximately 2.41 acres, 1741 S. West Street (Apollo Inn). To permit on-sale o£ alcoholic beverages in an exiating mot~l with waiver of minimum numbec of parking spaces. 4~30/84 MINUTES, ANAHEIM CITY PLANNING COMMTSSION, APRIL 30, 1984 ~_ _84-230 There wa~ no one indicaling their pres~:nce in oppoaition ta subject requeat and although the staff repork was not read, it is referred to and made a part of th~ minutes. Donald Knight, 3513 Honeyauckle, Chino, age~t, explained they propoae t•.he sale of alcoholic beverages atrictly for their guests and explained there would be a buffet room And stand-up bar. THE PUBLIC HEARING WAS CLUSEb. Responding to Chairwoman ~ouas, Mt. Knight explained any outside siyn~ would be for their guests' benefik only and thece would be no adverti~ing to the general public. Commissioner Fry claci£ied that the hours of operation will be 10:00 a.m. to 2:00 a.m., not 2;OU p.rt~. as indicated in the staFf report. ACTION: Commissioner King offere~ a motion, seconded by Commissiona..r Fry and ~OTION CARRIED, that the Anaheim ~ity Planning Commisafon has reviewed the proposal ko permit the or~-aale of alcoholic beverages in an existing motel with waiver a£ minimum number of patking space~ on a reckanqularly-shape~ parcel of land consisting of. approximately 2.41 acres, having a frant~ge of ~pproximately 350 feet on the west cide of West S~reet and futther described as 1741 South W~st StCeek (Apollo Inn); ~nd does hereby approve the Negative Declaration upon finding that it lias considered the Negative DEClaration together with any comment9 received during the public review ptocess and furth~r finding on the basis of the Initial Study and any coinments received Chat there is no substantial evidence that the project wi11 have a significant effect on the environment. Commissioner King oEfeced a motion, seconded by Commissionec Pry and MOTION CARRIED, that the parking waiver i8 hereby yranted on the baeis that it will not cause an increase in traff:c congestion in the immediate vicinity nor adversely affect any adjoining land uses and gcanting of the parking waiver uridec the cond.itions im~osed, if any- Will not be detrimental to the peace, health, $a=ety and aeneral wplfare of the citizenA of the Ci.ty of Anaheim. Responding to Commissioner Fry, Mr. Knight stipulated that the stand-up bar will not be converted to a sik-down cocktail lounge in the future. Commissioner King offered Resolution No. PC84-77 and moved for its passage and adoption that the Anaheim City Planning Commission doAs hereby grant Conditional UEe Permit No. 2567 pursuant to Anaheim Municipal Code Sections 18.03.U30.030 through 18.03.03Q.035 and scbject to the petitioner's stipulation that the pr~posed stand-uQ bar will not be converted to a sit-down cocktail lounge and there will be no signs on the outside of the building advertising the bar to the general public and subject to Interdepaztmental Committee recor.imendations. On roll call, the foregoing resoluti~n was passed by the following vote: AYES: BOUAS, BUSHORE, FRY, HERBST, KING~ LA CLAIRE, MC BURNEY NOES: NONE ABSENT: NQNE 4/30/84 MINUTES, ANAHEIM CTTY PLANNING COMMISSION, APRIL 30,~ 1984 __ 84-231 ~~ck White, Assistant City Attorney, clArified thar, th~ cond~tion should read: "That no advertising aigns advertiaing ~he bac ~~r cocktail lounge or aimilar sale of alcoholic beverages ahall be perm~tted on th~ premiaea for purpoaes of ddvertisin~ to the general public." ITEM N0. 9. EI~ NEGA~'IVE A~CLARA'PION, WAIVER OF CODE RE~UIREMENT AND CONDITIONAL U5E PFRMIT N0. 2568 ~UBLIC HEARING. OWNERS: PEGGY LAYNE hALKENOERG, ET AL, 21681 Wesley DriVe, South Laguna, CA 92677. AGENT; DIVERSICIED EDUCATION COMPANY, 1670 Wilshire Boulevazd, Los Angelea, CA 90017. Property deacribed as a rectangularly-ahaped parcel of land consisting of approximately 0.92 acre, 1101 South Anaheim Boulevard. To permit a technicAl school with waiver of minimum number of packing epaces. There was no one indicating their presence in oppoeition lo aubject requeat and althnugh the staff reFort was not reAd, it is refec[ed co and made a part of the minutes. Jack White, Assistant City Attorney, suygested a change in Condikion No. 1 to read as follows: ~That there shall be a minimum of ane hour between the end of any class and the beginniny of the next class to prevent overlap of vehicles enterinq and exiting the property.' Walter Reed, Vice President, agent, responded that that conditior, was acceptoble. He stated they are propusfng Co eatablisf~ a private school to teach telecommunications and that there would be only 100 studenta on the premises at any one time with nine ntaff inembers. THE PUBLIC HEARING WA5 CLOSED. Responding to Commissioner Bushore, Mr. Reed indicated their lease is for three years with an option for anothet three years. The number ~f parking sPuces was discussed with Mr. Reed explaining there would be thcee classes during the day. He explained a study of their existing school~ indicated that 758 of their students uLilize public transporkation which means onlv 25 people would be dciving vehicles to school and indicated he thouyht the 88 spaces would be adequate. Commis6ioner Fry ascertained there is a drapery shop on the premises and stated he has a problem with the parking situation. 'it wa~ noted there was a busine~s school at this locakion previously with an enrollment of 70 t~ 100 students. Gceg Hastings, Assistant Planner, explained business schools are permitted by right in the CH Zone. Commissioner Bushore stat~d the parking lot was about three-quarters full at noan tuday and stated the Commissioners all have concerns regarding the parking. 4/30/84 Z ~~ MZNUTES. ANAHEIEI CI'rY PLANNING COMMZ55I0N,_APRIL__30, 1984_ _ 84-232 Ct~airwoman Bouas asked if any of thQ ~tudents would b~ ntaying aEter clasa to do lab work, etc. Mr. Read explained many ot their students have part-time j~bs and aa ooon as thEy are finishod with their school ~ork, they ~o to theiK ~ubs. Mr. Kniqht responded to Commisaioner Buahore tht-t the previoua achool at this locatiun wa3 one of Che cansider.ation~ for choosing ~his aite and any c;hanges to the buildi.ng would bA very minor. He stated they want to move to thie area because they feel there is a need. Commissioner La Claire atated ahe has seen schools where thece isn't a parking pcoblem becauae students do carpnol a~ot. She stated thF Commisaion is not opE~osed to the school, bu~ is worried about the parking. She suygested that the ~retitioner agree that if there are parking problems and the achool does congest the street, the petitioner would have ~n drop the school enrollment to the number of parking spaces available. Mr. Knight stated he would yo along with that suggestion and asked if he could stipulate that they would either dr~~p the snrollment t~ 88 students o~ secuce additional parking in the vicinity. Res~onding to Cammissioner Bushore, Greg Ha~tings ex[~lained the ott~er school at thia location was a businea~ college which was pecmitted by Code; however, this is a technicaJ. school which rEquires a condit.fonal use permit. Commissioner Busf-ore stated he did not think it is consistent to allow one school by right and require another similac school. to have a conditional use permit. ACTION: Commissiuner King offered a motion, seconded by Conmisaianec McBUrney and MOTION CARRIED, that the Anaheim City Planning Commissiort has reviewed the proposal. to pe~mit a private educational institution with waiver of minimum number of parking sPaces on a r.ectangularly-shapeci parcel of land consisting of approximately 0.92 acre, having a£rontage of approxim~tely 120 feet on the west side af Anaheim eoulevard and further described as 1101 South Anaheim Boulevacd; and does hereby appcove the Negative Declaration u~on finding that it has consic3ered the Negative Declaration together with any r_omments received during the public review process and furthec finding on the basis of the initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Commissioner King offered a motion, seconded by Commissioner McBUrney and MOTION CARRIED, that the Anaheim City Planning Cortunission does heret~y grant waiver of Code cequirement on the basis that the parking waiver will. not cause an increase in traffic cungestion in the immediate vicinity nor adv~~rsely affect any adjoining land uses and granting of the parking waiver ui.ider the conditions imposed, if any, wi11 not be detrimental to the psace, health~ safety and general welfare of the citizens of the City of Anaheim. Cummiss:oner King offered Resolution No. PC84-78 and moved for its passage and adoption that the Maheim City Planning Commission does hereby grant Conditional Use Permit No. 25fi8 for a period of three yeacs pursuant t~ Anaheim Municipal Code Sections 18.03.030.030 khrough 18.03.030.035 .~^u subject to the stipulation by the petitioner that if there are park3ng 4/3U/84 :~, ~ ~ ~ MINUTES._ ANAHEIM CIxY PLANNING COMMS6SION APRIL 30 1984 84-233 probleme And the sctiool doea cong~eat the atruet, the petitianer would have to drop the school enrollment to the numbor of p~rking spacea ~vailable or acquitg packing epace,~ in the vicinity and aubjeat to interdopartmentel Committee recommend~tiona. Gi.miting th~ cor~dit.ional uae permit to a certain period of time was diacuf~Ad, and it was noted that a canditlonal use permit could be tevoked at any timc. and algo tha stipulation wae to Qither cut the size of hhe enroliment or acyuice more parking in the area. Mr. Knight expldined the lease is foc three years with an option to renew. JACk White, Asaiatant City Attorney, clarified that ttie reviaion to Condition No. 1 shou.id be included in the Commie~ion'A approval ~t the reaolution and expldined the conditional use perrnit will bQ limited to three year~. Mr. Knight asked if the variance could be gxanted for six years. CommissionEC King ~tated he w~uld change hi~ reaolution to mAke it for p~ix-year peri.od. Commissioner La C1airP stated she felt the petitioner's atipu.lation ~hould be apelled out in that he agceed to reduce the number oi students enr~lled or sec:ure additional parking. On roll ca11, the foregoing cesolution was passed by the £ol].owing vote: AYES: BOUAS, tiUSHORE, FkY, HERBST, KING~ LA CLAIRE~ MC BURNEY NOES: NONE ABSENT: NONE 1'PEM N0. 1_0. E.IR NEGAT_IVE QECGARATION AND CONDITTUNAL USE PERMIT N0. 2564 PUgLIC HEARING. OWNERS; STEVEN p. AND LEA ANNE HBINRICN, 613 S. Bruce 5treet, Anaheim, CA 92804. Pcoperty deacribed as a rectangularly-shaped parcel of land cor~c~ittting of approximately a,528 aquare feet, 613 S. Bruce st~eet. To permit a child day-care center fur. a maximum of 12 children. ACTION: Commissioner La Claire oEfered a motion, seconded by Commiasioner McBurney and ~10TYON CARRIED, that consideration of the above-mentioned mattec bp continued to the meeting of May 14, 1984, at the request of the petitioner. ITEM N0. 11. EIR NEGATIVE DECLARATION AND CONDITiONAL USE PERMIT N0. 2566 PUBLIC HFARING. OWNERS: MILLER STREET LIMITED PARTNERSHIP, 17711 Mitchell North, Irvine, CA 92%14. ATTN: DAVID P. PF2IZI0. AGENT: ALL-MET LIMITED pARTNERSHIP, 812 San Diego Lane, Placentia, CA 92570. Propecty described as a rectangularly-shaped parcel of land consisting of appxoximately 1.1 acce, 1401 North Miller Street. To permit a non-ferrous recycling facility in the ML Zone. There was one necson indicating het presence in opposition to subject request and although the staff report was not read, it ia referced to and made a part of the minutes. Manuel Chavez, 812 San Diego Lane, Placentia, stated they are proposing a 4/:~0/84 84-234 MINUT_ES ANAH~IM CIZ'Y PLANNING COMMISSION APRIL 30 1984 non-fecrous metal cecycling bueinees At thie location And they will pick up acun~ m~ndcotherasmallfdealeranwullrbringntoeir9truckatinaAndLtheAmataciAl Co Y wil~ be pucchaaed. Glocia Hecaglia atated they own the propertiea at 1501, 1503 and 1505 Miller Stceet an~ thay F~el this will depreciat~ the ~ropectiFa on M~ller Streett that traffi c is already bad and with a lot af trucks in and out of this drivoway, i t will be even wocae and ahe did not wnnt to see n acrap yard on Chis property~ She stated shc ha~ nat seen the plans, but pointed out cight now there ace tcucks and automobLle bodies on the pKOperty and ir. is yust a mea~. Mr. Chave~ stated they do not buy sccap cars and old junkt that their bu~inesa ie industrial s~rap and it is all in containers and they w~ll have an in ~nd out exit s nd there will not be moce than 20 to 30 trucks per day coming in to the pcoperty. he etsted they are building a waceho~se where the material will be stored and evecytihing will be behind closed walla. THE PUBLIC :IEARING WAS CLOSED. Chairwoman Bouas asked Mr. Chave~ to clariEy what will be stored inside the building. Mr. Chavez stated they wi11 be building a wArehouse and the majority of the material will. he inside and the bins will be inside the building a nd all the metal will be ineide the fenced area. He stated there will be indust[ial bins and the scrap ±~ill be insi.de the bins and the bin sizes vary and are 4-feet wide and 6 l-u 7-feet high and they ahould nnt be visi~le from the street. Commissio ner Kxng referred ko Ftaff's concerns expressed in Paragraph 19 of the staff teport and the fact that the applicant indicRtes that all tYie concerns will be complied with. Commissio ner Herbst stated there ia a stor~ge acea in the rear secured by a 4-foot high chain link fence and the building is quite small. Tt was clarified by Mr. Chavez that all the material will be skored in$ide the building or inside the yard area. Cortunissioner Herbst stated it bothers him because this City has had sevesal of these ty pe facilities around and not one of them has lived up to the conditxo ns agreed ro and he thought bins ~utointingeoutiad6nfootlhigh fence metal wo u1d make it look like a junk yard, p wovld no t do any good if the bins themselves are S-feet high. David Fr eeman, General Contcactor, eta~ed thie is the only property that drains i nto the storm drain to the cear so the 6-faot fence is on toF o: a tapering berm ~rom M111er and going to the rear so that the top of the fence is in e x cess of 8 feet from the bottom of the bins. He stated the property on one sid e has a more ~ffensive opecation thai~ this and they have no slats or scCeeni ng. He addEd they would slat the fence on th~ nor~h and soukh sides. Commiss ioner King stated the petitioner has stipulated to live up to the condxtions. Commissioner Herbst indicated he was concerned whether or not an 4/30/84 MINUTES. ANAHEIM CITY PLRNNING_COMMISSION~ APRIL_30. 1984 84-235 8-foot high fenc~ could be acceened. He etated h~ thaught thie would ue the wcong lor,ation and khe building is only 1925 aquare feet and the pcoperty ',a 285 feet by 165 Eeet, so the building would be amall and he thought the cecycling cnuld not be done inside nnd ha [elt 90B o~ it will be stored outsid~. Responding Cn Commicsioner La Claire, Mr. ChAVez expl~ined the mat:eriA1 ia induatrial acr~p which they would pick up from machine shope Eoc inatance and it goea into containere which vary in size from 4'x4' to 4'x6' and explained the basic height of a container is 4 feet. Ne added the metal ia basically aluminum and it is solid strip~ chopped in various sizes. Commissioner La Claire atated the concern ia ~t~at it will be sticking up in the air and Mr. Chavez responded that nothing will be looae on the ground and will not be sticking up over the tence. Ne atated the materials come tA them in bins and they sort lt by type of alloy. Fie atated they l~uy the scrap metal, package it and send it out Co a foundry that makea finiahed products out of it. He atated tn~ ~cales will be inside the buildiny and the bins will be stc~red inside and there will be a small office. He eL•atPd thece are various types nf bins and eome will be outcide, but nothing will be hanging over or s~icking up in the air~ !~e s~ated they have bPen in thi~ business Eor 20 lear~ and the last 7 yeara were in Los Angelea at 366 E. 58th Street. He stated they intend to keep ~he ptoperly clean. Commisaioner Fry stated ttie bins will ue stored against the back fence and it was nuted the bins will vary in size and do not exceed 4 fePt in height and the roll-off containers which are haule~ an top of the trucks vary in height fram 4 to ZU fee~ fcom the ground to the top of the bi~s bpc~iuse of the berm. Commiseioner La Claire stated this is a conditional use permit and could be revoked at any Gime and she thoughc if the property is adequately screened, there would not be a problem~ She sta ed she thought ~he petitioner has covere~ all the ba~es and th~s kind of ~peration is very different. Commias.inner Hecbst aaked if any of the materiala ace collected Erom sheet metal shops, with Mr. Cha~~ez respanding they are. Comrt~.is~ioner Herbst stat~d some of thoae ~craps are 10 to 12 feet long. Mr. Chavez stated scrap from a shop like that would not even come t4 the yard. He stated the m~jority of their customecs ~ut the materials in the bins pcoperlf so it does not stick out. Cammiseiones Herbst stated he did not t~ink the clients would spend that much labor ta cut the matetial so Chat it will lay down in the bins. He stated he handles a lot of scrap metal in his own business and it doesn't always come in small aizes. He stated if it isn't properly screened, it will be a mess. Commissioner King pointed out one 4f the conditions wxll be that the propert~ be properly screened, otherwise the conditional use permit could be revoked. Commissioner La Claire stated this is an industrial ar$a and r,his is where a ~se of thie type belongs and she felt the applicant should be given the opportunity to do the operakion subject to all the stipulations. 4/30%84 MINUTES, ANAHEIM CITY P~ANNZMG C_OMM?SSZON APRI1~ 30~__1984_ 84-236 ACTION: Cammiasioner L~ Cl~i~e ~fEered a motion, aecond~d by Commiaei~ner McBucney and MOTION CAFiRIED, tha~ the Anaheim City Planning Commission has reviewed tt~e propo~el to permit a n~n-ferroue recycling Facility in the ML txndust•rial, I.lmited) Zone on a rectangularly-sheped parcel of land consisting oE Ap~.roKimatelY 1.1 acre, having a fxontage of Approximately 165 feet on the west side of Millcr Street and further f~tNS~CC~bE'd Qa 1401 North Millert ~nd does ha[eby aPPrave th~ Negal.ive Declar~tion uNon finding thal. it h~s considered rhe Nsgative Declaration together with any commer.ts received during the public review process and further finding on the basiR of the initial Skudy and any comments received that there ie no aubar.antiel evidence that the project wi21 h~ve a siqnificant eEfect on the pnvironmor~C. Greg HasCinqs askQd that a conditian be added to Approvul of the conditional use perm.tt and it would be Condirion No. 16 read.ing as foliows: "The~t vehiculac access yates ~hall remain open during buciness hours' and the current Conditian No. 16 would become No. 17. Jack Wtiite recoir.mended that Condition Nos. 5 and 6 be madiEied with r.he words "and muintained" to be added after th~ wocd "install~d". Commissioner Bushore atated it would be the intention of the Commission that prior to s~ar.t vf thE o~eration, all t}~e improvements would be in. Commis~ioner La Claire offered Resolution No. PC84-79 and moved for its passaye and adoption that tl~e Anaheim City Planning Commission does hereby grant Cunditional Uae~ Permit N~. 2566 pursuant to Anat~eim Municipal Code Sections 18,03.030.U30 l•hrau9h 18.03.030.035 and subject t~ petitioner's stipulations and modified conditions and additi~~nal canditions pertafning to the gatea b~ing left open during business hours. On coll call, the foregoing resolution w~s passed by the following vote: AYES: BOUASr FRY, KING, I~A CLAIRE, MC BURNBY NOES: BUSHORE, HERBST ABS~NT: t~ONE ,iack White, Assistant City Attorney, presented the wrikten right to appeal the ~lanning Commission's decision within 22 days to the ~ity C~uncil. ITEM N0. 22. EIR NEGATIVE DECLARATION, WAIVER OF CODE REQUIR~MENT ANA CONllITIONAI, USE PERMIT ~10. 2551 PUBLIC HEARING. OWNERS: HARULp K. AND KAREN L. OERTLE, c/o Capitol Industcial Propecties, 310 W. Orangethorpe, Placentia, CA 92670. AGENT: JEFF JILKA, 244 Btiardale, Orange, CA 92665. Property described as a cectangularly-shaped parcel of land consisting of approximately 0.62 acre located,,t the northweat corner of La Cresta Avenue and Red Gum Street, 1251 North Red Gum Street ("Mild TA Wild). ~'o cetair. an automobile cuskomizing shop in the ML Zone with waiver of minimum number of parking spaces. 4/30/64 84-'l37 N~INUT ES~ ANAHEIM CITY PLANNING COMMISSION, APRIG 30, 1984 ___ -- 7'here was no one indi~ating their pcesence in oppobitian to auUject request and although tho ataff report wea not read, it is refRrred to and made e part of the minukes. JeEf Jilka, agent, ex~~lained he wanta to get a fenced-in .lot around n parking ar~ a for storage nt vehicles for detailiny work. He oxp.lained thNY cto deta iling- coll~sion work and cuatomize thinqs r~uch as mini-vans, and they chop tops, aL•cetch cars into limouaines, etc. THE PUBLIC NEARINC WAS CLOSED. ites ponding tp Commiseionec E3ushoce, Mr. .iilka atated they have been in this loc a tion sinGe FebKUaKy 19a3. Commieaioner Y,ing re~erred to concerns li~ted in the Ataff report perkaining to overiyight• parkiny and asked if ~he petitioner would be williny tu make the atipulation thr~t all overnigtit parking will be limited to the starage areA. Mr. Jilka stated the parking will be limited to tt~e atorage areA inside the wz,r ehouae. He atnted rnust of the customera c~rs will be stored in~i.de and poi nted ou~ the Eenced area on the plans. Commissioner King referred to the landscaping adjacen~ to La Cceata Avenuo and sta ted it. ia not maintained and is overgcown. Mr. .7ilka stated he would st i pulate to bringing that up to Code and on-site parkin~ areas which are bei ng used for stocage and customizing will be cleaned up and all storage and wo r k will be kept ir.Ride the fenced area. Mr. ~Tilka stated they do not work on vehicles outside, but if they have pulled a~enc~er off a car and are wa i ting for parto, they might put f.t outside, but will bcing it back in at nig ht. He responded to Chairwoman Bouas that the fenced area wil.l be to the rig ht and pointed out two driveways and the proposed fenced area on the pl~ans. Gommissioner King clarified that no more thbn 4 parking spaces will be ut ilized for outdoor storage of rautomobiles and Mr. Jilka responded he wili be wi lling to make that stipulation. G c eg Nastings pointed out the proposed condition restricts that there aill be no outdoor storage or work within a proposed screened outdoor vehicl~e waitirtg a reu. It was pointed out that there werQ at leaet 18 vehicleb stored outside ye sl•erday and one vehicle was parked on the lawn. M r. Jilka e~xplained he shaces thia building and the old black sofa referred to ~ oes not belong ta him an~ also that the unmaintained portion of the 1 andscaping is supposed to be taken care of by the other occupant. Commissioner Buahore stated the other occupr~nt is operating there without a permit. Gceg Hasting~ expleined ~he other operator had been notified and that t his action is the result of a businesa licen~e being issued automatically w ithout Zoning Division approval. Comm~s~ioner Bushore asked why it has taken t his long ko get this Ear. M r. Jilka atated the other occupant was suppased to take care of the property a nd the permSts and explained the lease is for 5 years with 4 years left. ' ~30/84 _.,,. k 0. 1984_ 84"238 MTNUTES Atvnn~in ~~~_ ~- - - - - Commiesionec 8ushoce stAted he did not sea how thic is yoing to be taken cace of. Commissioner King t+sked if the petiti«ner hae the right ~.o take cace of thinge requi.red by r.he pcoperty ownec. Mr. Jilke cesPonded that he ha8 t,he right and explai~d~the otherboccupantscahould be~filingnanrapplication•forrthe Naetinga explainQ m~eting in 4 weeks. Commisaioner Fiushore atated he wc+s conceCned about thi~ businees licenaE~ situation ~nd he thought with th~r layout in the new City Hal.l and with th~ public cuunt~re lacated adjacent to each~pV~arandtcpviewedebyuh.hsmPlanningle for the puhlic to get their licenaea App G~eg Uepartment be£ore permits are iasuecl to prevent situatians like thie. Hasting3 re~ponded thaC this could have been taken car~ of through the mail. Commissioner Bushore ceplied he thought L•hat was a miatuke and a licenae ahould not be i.ssued automatically. Annika 8antalahti, Asaistant Director for zoning, etated sometimes a pers~n moves trom on~ location to another th~.~iking because the uae was fine !.n one locatiun, it will bE fine in thE new location. Commissloner au~i~ece ctated it i8 difficult to im~one c~nditi~ns on a busine~s that is already opetating. Annika 5antalahti etated the business operator is alertQd witt~in one month that thece is a p~obl~m, so she doea n~t have sympathy for them. Commissioner Bushoce stated the pr.oufi~ma~'collectionpof Che tax andiis4not a licenses do not know it is really j permit to continue their upecation and suggested maybe that should be a warninq on the licenrie. Annika Santalahti atated thousands of the3e are handlPC~ every year and only ~ few ever have a problem and have lo come bQfore the Planning Commi»sion. Commissionec La Claire stated the Zoning Bnfurcemenk Officer has qone out to this property and talked to tl~~ese petitioners and she thought this is an efficient system even though it hCouncilwwouldsdenynthe~esrequeets, thered if the Planning Commission and City would be a drop in thi$ kind of behavioc. Mr. Jilka stated a Zoning Enforcement Officec did come out and talk to them and the other occupants' secrekary was suppoaed to handle the permit paperwork. Greg Haxtinqs clarified that this particular conditional use pecmit wouPSted~continuingethis petitioner'~ half of the building. Chairwoman Kouas $~99- matter until the other ~ccupant ~omes in. Commissioner Bushore noted that whatever the other occupant does certainly reflects on this busines~ because the two a~e very much the same and it would be difficult to tell who is parking the vehicles outside. Commisaioner La Claice atated the owner of the propeLty is really responsible £or keepin~ the property up and he is n~c present. She stated she felt the two applications should be heard ~ogether and she would like to see a peGCe9a1 letter sent to the owner requesting that he be present at the hearing. Hastings stated the earlie~st this could be doni6tF~u1dHeerespondedJtoPMc1tJilka meeting, providing the applicant files by May that there would be a separate filing fee for }'~ ~'her business. Mr. Jilka Depar ~:aff had told him since cesponded that a m~mbec of the Planning .tie permit would cover the busineases are simllar and under the same . both and it was noted the other buainess has a os..:rent business license. 4/30/84 MINUTES, ANANEIM CITY PLANNING_COMMISSION~~PRIL 30~ 1984 _ 84-239 ~ack White etatQd the applicetion mAy be filed by the owner or. the awner'o authorized bgent. Commiesioner Herbst asked why this particulnr application could not covet both operatf~na. .lACk Wt~ite stated this conditi~nal uae permit could leg~lly ~over bol•h, but L•he problem would be tt~e enCorceability of one agninet ttie other with one bus.tnesa complying ~ompletely with all the requiremPnte and the other not complying. Commiasioner Nprbat etated a lot ~f theae conditi.ons pertain to the whcle ouilding, particulacly parkiny. Jack White stated it could be legally acaomplished; however, khe owner woiald have to fil~ a new Application Lor both propertiPS. It waa noted that the 'l7 ~acking ~paces are required for the Whole building. Commis~ioner HerbsC Eelt it ahould all be tiea[d together and tied dc~wn since the otlier ope:ator will probably wnnt outside parki.ng also and noted if the property owner doea not live up to the conditions, he could lose both tenants. Commissioner Iiushore stated he does not remember the Commiasion ever consideriny out~ide storage f~r automative related use~ and referrecl to other usea in the acea where the petiti~ners were told they could nat pack any vehicles outside and now tt~ere were 16 to 18 vef~icles parkQd outside this facility koday. Eie stated the Commission hAS not al].owed this and he thought if the petitioner does not have coom inRide for all the vet~icles, he wiJ.l be storing them outsic~e and thi~ has not been allowed i~, the past and outdoor storage in the induot~lA1 area is t~ecoming a prob'.em because empl~yers have been using oukdoor parking spaces Eor storage and the ~mploXees are beinG required to park on the st~eet. ACTION: Commissioner Mceucne/ offered a motiun, seconded by Coruni.ssioner King and MOTION CARRIEp, that considecation of the afo~ementioned matter be continued to the regularly-scheduled meeting of June li, 1°84, in ordec that the tw~ applicatiana f.or this whole building can be considE~red together and in order for the owner to be present. Jack White stated he underst.ands tl~at this is being continued so that th~ owner of the property, either him~elf ~r an authorized agent, could make an amended application to cover both portions uf the pcoperty. He stated that one permit to consider the two uses jointly could be issued and would be broken down into twu ~epacate areas and there wou!d be a mutual set of conditions and if there was a violation, the City wauld conaider a modification to elimf.nate the offending use. He clarified the pucpose of the continuance ia to request the owner of the properky to be pcESent and to apply by May 16th far a permit on the balance oE the property and the additional use undec the existing ppplicatfon ao that it will be considered jointly. He stated the matter will be readvertised foc the additional portion oE the property and the readvErtisement will hav~ to be peid for. Mr. Ji.lka atated all the buildinga acroas khe street have fenced storage areas behind their buildinga. Commist~ioner Bushore stated those are probably the ones he was referring to and they are probably operaking wii:hout benefit of 4/30/84 MINUTES, ANAHEIM CI7'Y PI~ANNING CUMMISSION, APRIL 30. 1964 84-240 permits. No eteted thie ig becoming a pcoblem becauoe em~layeea do nat have places ta park. Mr. Jilka stated he ia aakin~ Eor 1/7 or 1/8 of the averall parkin9 gpaGes. Commisaioner Buahore stated the CommisNion cannot discuas thP ~rapertieo ac~oss the at.ceet, but the chances are they are doinq their operation without pormit~. Commisaionec La Clairp asked if the pecmit cen he cancelled 1E this CommiASi~n doeo not aee nny c~~oE~eration from the property owner or the other tenant. Jack White pointed aut there are no condikional uae Permits nn this property for theae uaeo At tt~ia time. t?e explained a busineas lic~noe ie nut a legal pecmit to operate and ie only a revenue-produciny function oE the City and the fact that eomeone has a busineas l.icenae d~~es not entitle them to qperate a specific buainess at a sPeci~ic location. Commiasioner La Claire asked haw noan the City could stop ~ per.aon Ecom operating if they are not wil.ling to cooperate. Jack White atnted the City could immediately bring action to stop the opec~tion, but. in tt~e past the City has had a~cactice of allowiny a limited wind-down period of about thirty days before legUl proceedinys ace commenced. Ne stated legally the~e s no right ta conduct the use on this pcoperty at this time. Commiaeioner ~uehore stated he cannot underskand t~ow this happened bec~u~e when aomeone walks up to the Buoine~s Licenae window, askE for an application, f.iila it out and befoce the ~icenae is issued, they have to go acroas the hall to the Planning Departtnent for the xoning ta be checked, yet when it is aent through the mail, the licen~es are iasued without the zoning being checked. He stated he felt ao~ething should be done about this procedure because it does create problems. Mc. Jilka stated he aid noC apply for a l~cense until someone came out from the Planning Department and told him he had to get a license. He stated they were j~~sl setting up their warehouse and the ofEicer came in to tell the othec operator he needed a license when they found him. Cornmissioner Herbst asked if there ia anything on the Business License application whict~ indicates it may not be ~egal to operate in khis location. Annika Santalahti renponded that this issue has heen discussed at City Council level and not•ed that the license is just a tax. Commiasioner HeCbst atated the people getting the license assume they have tt~e cight to operate in that building. ~nnika Santalahti atated the ma7ority of the Buainess License holders did ~omply with Code. Commissioner Elerbst stated the license should be stamoed to ~how it doesn't give the right to operate. Commissioner Bushore stated he felt it. should say 8usiness ~ax and not ~us~ness License. Commissioner La Claire auggested discussing this at the next morning aession because of the length of today's agenda. Annika Santalahti explained the application will be readvertised to include the second address and that staff will try to contact the property owner regarding the Commission's interest in havin~ him come to the meeting and also she would check the Business License application to vecify if it d~es have a warning. Stie stated they will need to readvertise this permit and a fee would need to be collected to readvertise. REC~SS: 2:55 p.m. RECONVENE: 3:05 p.m. 4/30/84 MINUTE5. ANAHEIM CITY PLANNING CO_ MMISSION,_APRIL 30, 19_ 84 __ 84-241 ITEM N0. 13. EIR NEGATIVE AECLARATION, WAIVER OF CQDE RCQUIREM~NT AND CONDlT:ONAL USE PERMIT N0. 2563 .....r_. kUBLIC HEARING. OWNERS: PACIFIC BELL 6 A.T.T. COMMUNICATIONS UF CALIFORNIA CORP., 7337 Tcade Stteet, Room 4140, San Diego, CA 92121, ATTENTION: P. L. HAMILTON. Property de$cribcd ~e An irregularly-ehaped parcel of land consisting of approximal,e'ly 2.4 acres located at the southwest cornec nt Cypresa Street and Lemon SCceet, 217 North Lemon Stceet (Pacific Bell Telc~phone ) . 'Po permit two 23.5-foot high roof mounted antennas with waiver of maximum ~~ructucal height. AC~ 1pN; Commissioner La Claire oEfered a mution, seconded by Commisaioner Mck3urney and MOTION CARHIGD (Commissf.oner Kinq ubstaininq)- that conaideration of the above-mentioned matter be continued to the meeting of May 14, 19R~. ITEM tJO. 14. EIk CA'PEGORICI:L BXEMP'I'ION-Cl,AS5 5 AND VARIANCE N0. 3390 PUBLIC HEARING. OWNERS: GENERAL AMERICAN LIF~ IN5URANCE CO.~ 163U S. Sunkist, 5uite B, Anaheim, CA 92806. AGENT: F3U~INESS FROPFRTIES, 17631 E'itch, Irvine, CA 92714. ATTN: RICHARD OGGBSBY, J0~ WALTHOUk. Pcoperty described as an irregularly-shaped parcel of land consisting of approximar.ely 3.24 acres located at the northeast corner of Katella Avenue and Howell Avenue, 24U1 East KAtella Avenue. Waiver of minimum landacaped setback to construct a 6-stocy office building. Richard Oc~lesby, 17631 Fi.tch, Irvfne, agent, explained they are reyuesling a waiver of the 10-Eoot setback requirement Eoc the parking 3tructure on the north side and it is befng requested in order to eliminate an area that will become a maintenanr_e problem and also st;itccl it permits an additional 10 feet of landscaping on Katella. THE PUBLIC HEARING WAS CLOSEA. It was noted the Planning Uirector or his authorized representative has d~termined that the proposed project falls wi~hin the definition of Categorical ~xemptions, Class 5, as defined in the State Environmental Impact Report Guidelines and is, therefore, categorically ~xempt from the requirement to prepare an ~IR. ACTION: Commissioner Ki~g offered }tesolution Na. PC84-SO and moved for its passage and adoption that the Anaheim City Planning Commission does heceby grant Variance No. 3390 on the basis that there are special ciccumatances applicable to the property such as size, shape~ topography, location and surroundings which do not apply to othec identically zoned property in the same viciniry; and that strict arplication ~f the Zoni~g Code deprives the propecty of privileges enjoyed by other prope~ties in the identical zone bnd classificatipn in the vicinity and subject to Interdepartmental CommitteQ recommendations. On roll call, the foregoing resolution was pass~d by the following vote: AYES: BOUAS, BUSHORE~ PRY~ HERBST, KING, LA CLAIRE~ MC BllRNEY NOES: NONE ABSENT: NONE MTNUTES, ANAHE~M CITY PLANNING COMMISSION, APRI_L__30,_1984__ __ 84-242 ITEM N0. 15. EIR NEGATIVE pECLARA'PIUN1 RECLASSIFICATION N0. 83-84-26 AND VARIANCE N0. 3393 PUBLIC NEAk1NG. OWNER5; GARY N. HUNTER, ET AL, 315 E. Nocth Stceet, Anaheim, CA 92805. Propecty deacribed as a rectan~ularly-ahaped percel of land conoisting oE approximately 7280 equare Eeet, 315 Fast North StreeC. Waivere of minimum type of parking epaces, minimum aide yard setback and minimum wid~h oE pedesCrian a~ceaswAy to convert an exiating single-family structuce and de~a~hed yarage into a duplex~ There were ttiree persons indfcating their ~reaence in oppoaition to ~ubject request a~id although thA staff repoct was not read, it is referred to and mad~ a part of khe minutes. Gary Hunter, owner, stated he is requesting a reclassification to allow a duplexs thal• he recently purcha~ed the exl~tinq structure and it is one of the few ~roperties on North Street which has a garaye ~acing on North Street and a two-car garage faci~g th~ alley. Ne stated he feels this will be in conformar~ce with the General Plan for that area. Mrs. Erickson, 301 E. North Str~et, Anaheim, atated a lot oE the neighbors Are eldecly and have more or less designated her as their speaker and also signed petitions as Follows: 'We th~ ur,dcr;;igncd :a:~idents of the neiyhborhood surrounding 315 East North Street, Anaheim, Ca.lifornia, take exception to Recla~sification No. 83-84-26 and Variance 3393. Building of a duplex would change the area as Knott Street Erom Anaheim Boulevard t~ Olive Street over the years has been confined to single-family dwellings and they can visualize moce street parking, additional traffic and related noise on Norrh Street and ~hrough the alley with oveccrowding of tendnts, thua opening a Pandora's Box for ttiis area." She stated she also has letters from sevecal neighbors s.imilar to this petition. Mrs. Erickson referred to a list of neighbors and the number of years they have lived in the area, ranging from 10 to 45 yeara and noted they are al.l sin~le-family houses. Sh~ stated North Street has become a regular speedway and they have that going on all day and all night and with all the new tenants, they would have moce traffic in the area and then with the traffic late at nights, the dogs start barking with people turning on their lights to see who is there. She pointed out they have had several cobberies in the area. She sL•ated the next-door neighbor h~~s G cars and a matorcycle and when they back out, they bump into the fence in the rear. She stated because some of the property was rexoned doesn't mean it should be continued. She stated they belong to the Central City Committee and attend t~e meetings and are trying to £ix the area up and st~e thought if this is approved, ft woulc~ be detrimental to the area. She stated the petitiUner is requesting varian~es on almost everyth.tng and she did not think they should be granted. She stated thece is a rea~ traffic problem in the area now. 4/30/84 MINUT~5. ANAHEIM CITY PI.ANNING COMMISSION~ APRIL 30~ 1984 __ 8b-243 necthA McLaughlin, 219 E. Nnrth Street, AnAheim, stated she hae lived there Lor 24 yeare and has always kept khe property in go~d condition and there atE neM nQighbors in the ecea who are impcoving their pcnperty. She ~L•ated ~he attends the Centcal City mpeting~ and they are t[ying to impcove the area and she is agai.nat bll theae variancea and ahe is ulao agatnst the reclassification. She re~d the letter she had sent to the Commiasion, da~ed Apcil 26th, a copy of which is avail~ble in the Planning Department's file~. Mr. Hunter stated Mr~. Ecickson is a pilar ~E the c.ommunity and he reepects her views 1008 and explRined he had talked to her ptior to ceyupsting the zone chonge And ahe had not ~ndicated any opposition at th~t time. He expla~ned the variancea Kequested are necessary because the ptope~ty i.s existing and khe garage he is a~king to convert is also existing the way it is. He stated he only owns two cara and they have never been parked in the area, ao the parking problem is not a result of his Eamily. He stated he is only requesting reclassificatio~ of his property and that• he cealizes reclassification wa~ denied in the ~ast for ttie 200 block. He sL•~ted the property would be perfect for a duplex and that he does not plan to bring in la or 15 people to live in St and rhat parking does conform to Code. He stated he di~ not believe the signature~ presented are all from p~ople in the area because he had talked to just about everyone on khe block and until toda,y had not realized there was any oppo~ition. He steted the other neighbors did not object and indicated they are interested in doing the ~ame thing. He stated there are 12 houses in the area Zoned R-1 And that he respects the wishes of the peaple in the 200 block who want to keep th~t zoning, but he is simply askiny tu upgrade his property to the same zoning a~ the surrounding area so he can build a fully legal dup?ex there. Ne stated many of khe houses in the ar~a have other structures on the lots which would not be allowed under today's Code~. He atated he wauld be interested in seeing who si9ned the petition. The petition was presented to M~. Hunter and he requested a copy . Mr. Hunter ref.er[ed to the list of signatures and stated everyone except Mr~ and Mrs. Esickson and the pEOple un Page 2 who live on the 200 block of N~rth Street are in ar~ RM-1200 or RM-2400 Zone. He stated he is requesting a one-bedroom apartment and he thought maximum traffic added to the area would be two vehicles plus visitors and he is reques~ing permission to have ane covered space ar~d two uncnvered spaces. THE PUBI~IC NEARING WAS CLGSED. Responding eo Commissioner Bushore, Mr. Hunter stated he has li.ved at the propecty since November 15, 1983, and he bought the propetky aE a residence and orig~nally had thought the property was zoned RM-2400, but found out during escrow that it was nc~t, but decided to buy ft anyway And try his luck at getting it approved. Commissioner Hushore stated hie only concern is the type of parking pcoposed and the effect it would have if it was allowed for every duplex because it would allow people to convect their gacage and park outside and he thought standard parking spaces should be grovidpd. He stated originally the neighbors had talked about changing the zone and it was detecmined by the 4/30/64 MINUTES. ANAFi_E.IM CITY PLANNING COMMIS_SION, APKIL 30~ 1984 84-24A neighbora themaelves that khey wantQd to keep th~ curcent aoning. Mr. Hunter stated he has an exioting one-car gara~~e and the garage he is proposing to convert 18 a two-cec garage on the alley which was act~ally built Eor conversion Nurpoees. Commiasioner Bushore suggested ~^aving the yacage ae is and building another sttuctuce. Commieaioner Bushors asked if the peGitioner has conaidered a~ranny unit. He added he thought thia would be an ideal location for a granny unit as long as it complies with regulati~ns. Greg HastingR stated the size of tt~is unit is largez than the cequlations Eor granny units; however, the petitioner could convert the garage as is without adding on. Commiaei.onec Herbst stated he believes the petitionec could meet all the reyulationa for a g[annY unit as long na the unit ie to be occupied by person~ 6U years of age or older. Jack White stated even if it wAS to be a granny unit, a conditional. us~ permit would be re~uired ai~d parking would be subject to review and compliance with the Code or a variance would be necessary. Commissioner Flerbat etated a granny unit occupied by per~ons 60 years old or older would require less parking and a smaller sized unit would be more acceptable. Fie stated this is a tool now avail~ble which helps witti lots of this size withour requicing a lot of variances. Responding ro Chairwoman Bouas, Mr. Hunter stated he olane to live cn th~ pr~perty. He stated he was not ac*_~ally aware of tt~e type o£ granny unit Commissioner Herbat was diccu$sing and had originally thought he was referring t.o the "grandfather" clause. He added he w~uld still have the saRe parking problem. Jack White atated the request would still be advertised as a waiver from the parking code; however, it is passible the Commission could look at it more favorably xf the occu~ancy of the units was restricted to two persons 60 years of age or older. Commiseiuner Fry asked if the petitioner would like a continuance in order to considec the possibility of a granny un~t. it was noted the matter would have to be readvertised and a new application would have to b~ filed. Commissioner Bushote stated the Commission would still look very carefully at the type of parking proposed because oF park:~g problems i.n the area and stated a~so, a covenant would be cequired to be recorded againet the property restricting the occupancy, sa that !f the propecty is sold, the new owner would be aware of the restriction. Mr. Hunter stated I~e thought he had proposed enough par.king spaces and it was noted the spaces do not meet Code. Commissioner Herbs~ painted out an elder2y couple might only have one car and also reclassification would not be necessaty if this is approved as ~ gr.anny unit. He stated he ia against reclassification until everyone on the block would agree and approval uf thi~ would be pure 'spot' zoning. He isked if the petitioner would like to requesk 4/30/84 MINUTES. ANAHEIM CITY PLANNING CUMMISSION. APRIL 30, 1984 84-245 a continuance in otdec to eaamine the poasibility of a granny unit. Mr. Hunter requeAted a 4-wQek continuance. ACTION; Commiaeioner Mceurney offered a motian, aeconded by CommisRioner FrY end MOTION CARRIED, that consider~ti.on of the aforementioned matter be continued to the cegularly-sctieduled meeting ot May 3Q, 1984, at the request oi the petitioner. ITEM N0. 16. EIR CATEGORICAL EXEMPTION-C[~ASS 5 AND VARIANCE N0. 3392 ~U~LIC HEARING. OWNERS: HOWARD W. AND LESLIE J. ATWELI., 1917 Sundown Lane, Anaheim, CA 92807. Property described as an irregiilarly-ahaped p~ccel of lRnd conaisting of ap~~roximately 5498 aquare feet, 1917 oundown Lane. Wriver o.t maximum lat coverage ta construct a room addition to a single-fanily residence. There was no one indicAting their prezenr.e in oppasition to subject request and alth~uyh the stAff ceport wa~ not cead, it is referred to and made a part oF the minutes. Howard Atwell, owner, was pcesent ko answer any quEStions. TNE ~UBLIC HEAkING WAS CLOSED. It was note~ the P1Anning Directur or his authorized representative h~s determined that the pcoposed project falls within the definition of Categorical Exemption~, Class 5, as definEd in the State Environmental Impact Report Guidelines and is, therefore, categorically exempt from the requi[emen~ to pre~are a~ EIR. ACTION: Commissioner King offered Resolution No. PC84-81 and mov~d for its passage and adoption that the Anaheim City Planning Commission does hereby grant Varianc~ No. 3392 on the basis that there are special circumskances applicable to the pcoperty such as size, ahape, topography, location and surcUUndings which do not apply to other identically zoned propecty in the same vicinity; and that strict application of the Z~ning Code deprives the property ~f privileges enjoyed by othec properties in the identical zone and claasification in the vicinity and ~ubject to Interdepartmental Committee recommendations. On roll call, th~ focegoing resoluti.on was passed by the following vote: AY~S: BUUAS, BUSHORE, FRY, HERBST, KZNG, LA CLAIRE, MC BURNEY NOES: NONE ABSENT: NOtiE ITEM N0. 17. EIR CATEGORICAL EXEMPTION-CLASS 11 AND VARIA2~CE N0. 3394 PUBLIC HE7,RING. OWNERS: PEI-~~HUNG CHAO AND ROSAtJA HSU CHAO, 1560 S. Harbor Boulevard, Anaheim, CA 9280'l. AGENT: K.S.L.W. ARCHITECTS, ATTN: STAN SAKAMOTO, 3833 Long ~each, Boulevard, Long Beach, GA 90807. Property describsd as a rectangularly-shaped parcel of land consisting of apgroximatQly 4.3 acres, 1717 South West Street (Emerald of Anaheim Hotel). 4/30/84 MINUTES. AN~H~IM CITY NLANNING_COMMISSION,__APRIL 30, 1984 _ 84-246 Waivera oE pecm~tted location oE roef aign and minimum distAnce bel•Ween signs to consrruct a non-illuminated roof eign. There wa~ one pereon indicating his presence in opposition to ~ubject cequest and although the ofaff report was not reAd, it is reEerred to and tirade n part oF the minu~es. Commisaioner Bushore declared a conflict ot interest as defined by Anaheim City Planning Commisaion Resolur_ion No. PC76-157 adopring a Conflict of Interest Code for the Planning Commi~sion and Govecnment Code Section 3625, et seq., in that he had previously declared a conflicL oE intereEt on this matter and purauant to the ~GOVieions of the above Codes, declaced to the Cha.irma~ that he was withdrawing from thE hearing in connection with Variance No. 3394, and would not take part in either the discusaion or the vot.ing thereon and had nok discusoed this matter with any member of rhe Planning Commi~sion. Tt~ereupon CommissionEr Bushore .left the Council Chambec. Stan Sakamoto, ayert, was pcesent to answer any que~tion~. Bill Kumer, Chief Engineer at Disneyland, recommended that the original conditions still stand. He etated they were before the Planning C~mmissian before for certain co7ditions becttuse of visual in~rusion and at that time had stated th~re wece oome inl•rusions Erom ~rontierland, Biy Thunder Trail~ and from the Macl. ~wain and Columbia on the aig River. He stated many of the trees which conceal the ~ign presently, a~ ahown ~n the photograplis, are trimmed in tt~e summer because of the rivec stage show when lighting is set up on top of the roofs. He stat~d they fe~l the BmecAld is an asset to the area, buk do not Eeel the sign would benefit the ~atk. Mr. Sakamoto stated Erom the very beginning they have been very sensitive to the concerns of Disneyland and originally they thought the north tower wtiich faces Disneyland was too tall and they eliminated a whole floor at great expense and agreed tio limit the illuminated signs to a height oi 116 feet which was asked for by the Disneyland people, but khey understood that only apPlied to the north tower and pointed oUt rhe south tower faces the parking lot of Disneyland and nor the park ltaelf. HQ added the roof sigr, would not be illuminated so Mould not be a problem at night and duting the day from the roof of eig Thunder, the sign is visible, but thE trees obecuce the entire sign althouyh they ace trimmed down in the summer. He added they do not want to do anything to hurt Disneyland, but feel the roof sign is very important to tf,e hotel. THE PUk3LIC: HEARING WAS CLOSED. Commissioncr La Claire atated she thought the sight intrusion iasues had been resolved at the original hearing. Mr. Kume[ stated the north tower was lowered because it was vi.sually intrusive and that they also decided at that time to look at the sign program aftec the hotel was built to see which areaA would be aff~cted within the park and no hasty or rash decisions or ~udgements were made at that time fot the south tower. He stated they did do extensive balloon tests from all aspecta of the park and ~hey do have visual intrusion of the hotel, but it is nnt objectionable fram all the attr~ctions, whereas, they feel the signing would be objectionable. 9/30/84 .~ ..._,._.......,._.._._._-. .._ _,. _._. ...._ ... ... .......... ~... . _.__ . __ _ _ . . .... ~ MINUTES. ANAHEIM CITY PLANNING COMMISSION, APRIL 30. 1~84 84-247 Commiagioner Herbst asked i~ the Oieneyland t9otel lighted sign is viaihle inside the park. Mr. Kumer reaponded it ia not visible from Big Th~ndor Tral.1 and the Big Thunder ~ide iteelt, but it is visible from other points o[ the parkt however, moak oE the trees on that side havo covece~ it. CommiRSio~ec HerbAt stated he would hate to deny someone the right to hnve a aign that someone Qlse has becn a.lluwed, eapecially when theae pet•tioners have tried to meet the requests oE the Dieneyland personnel and L•he i~otel needA some xort of recognition to sucvive. Fle pointed out they did elimina~e one fl~or and he thought it would be going jus~ a little too Ear ka ask them to not have th~ aign ~uat because the treeo a~e going to bp trimmpd in the aummer. He atated he has always tried very hard to pcotect Disngylend an~ pointed out the sign will Eace the parking lot. C~mmissioner La C1aiKe referred to the .hotographs and detecmined that the back par~i~~et wa.ll would be 130 feet hic~~~ and that the structuce shown on l:l~e plans in the rsar ls the elevator mach.nery. Mr. Kumec and Mr. Sakamoto reviewed the phatogra~hs with Commissioner [.a Clr~ire and cliscussed the various heighta. Commiasioner ['ry deter.mi.ned there will be no l.ighting of any kind inaide or outside the sign. Mr. Sakamoto stated the only illuminated signs would be the onea on the ends oE the tower which are at 116 feet. He also pointed out thaC all the hotels in the area have rooE signs and many of them are illuminated and statacl he did not think a vertical sign would wock on this building. He also doscriaea their othec signa proposed and stated, under Code, they ace allowed to have a 60-fuot pole with a ga~s atation-type sign which they c!~ose not to utilize. He atated there is only one spot in~ide Disneylar.d where the sign will be visible. Mr. Kumer atated the photo5raphs were tuken from the track of thP Big Thunder rid~ whic'~ is atout 10 feet higher than the ~idewalk. Commissioner Fry staCed the beat aesthetics of Disneyland are dimed at night and this is nol an il.luminated sign eithec internally or externally and he did not believe it wou.ld be khat much of ~n intrusion into the park and pointed out the petiti~ner has already eliminated one stocy to help the sikuation and he could not see any objectfons to this sign. Chairwoman Bouas stated if the Commissinn has denied signage to other petitionera in the area, she did not think it would be appropriate to grant thts requeat. Commissioner Fry stated the oth~rs sign re~uests ~~crc cicnied becausc of the intrusion and he did not think thcre would be a significant intrusion from this sign and in addition. when the foliage grows for another two years, it will not be seen anyway. Jack White stated the twc vaciances beino requested relate to the distance of the sign ~com the property line and the distance beL•ween signs and there is no ceSuest far any waiver of hefght limitation and the height limitation as currently aPproved, meeta the height limitation map for the Di;sneyland area and the only limitations imposed were in connection with approval of Conditional Use Permit No. 2324 by the City Council and the City Counctl would be requi.red to modf£y the permit. 4/30/84 MINUTES, ANANEIM CITY_PL~-.INING COMMISSION, APRIL 30. 1984 84-246 Greg Nastinga claciEied ata£f definition ~f a roof sig n is anything above th~ ceiling of tt~e top floor. It was noted the P1Anning Director or hia authorized r epresentative has detarmined that the propoaed project Eal.ls within the definition o£ Categurical Exemptions, Clasa 11, as defined in the S tate Environmental Impact Repoct Guidelines And is, thecefore, catogarically ex ~mpt from Che requicement to prepare an EIR. ACZ'ION: Commisaioner Herbst offered Reaolution No. P C44-d2 and maved for its passagp and adoption that the Anaheim City Planning ~:ommis~aion does hereby grant Varianc.e No. 3394 on the basis thAZ there ace s pecial citcumatancea applicable to the property such as aize, shape, topog raphy, location and aurroundinyR which do not apply to othec identicAlly zoned property in khe same vicinityt and that strict applir.ation of the Zon in9 Code deprivea the ~~roperty of pcivilegea enjoyed by other propertie~ in the identical zone and classification in the victnity and aubject to InCerde partmental Committ~e cecommendations. Commissioner Herbst stated he did not think the sign would hurt Dianeyland and that petitioners have heen bending over backyards to cooperate with Disneyland and he did not think it would reflect into the DisnP y land area. Prior t~ voting, ,Jack White auggested a modification to Condition No. 1 Co read: "That this variance shall he effect've only u pon the ~pproval of the deletion or modification oC Condition No. 1~f City Cauncil Resolution No. ~2R-3a5 to allow a 1d0 foot 11 inch high r.oof sign'. On r~ll call, the Eoreyoing cesalution wos passed by the following vote; AYCS: FkY, HERDST, K2NG~ LA C~P.IR~, MC BURNEY NOES: BOUAS ABSENT; BUSHURE Ja~k White, Assistant .:ity Attorney, presented the w ritten right to appeal the Planning Commission's decision within 22 d-.ys to the City Council. Cnmmissioner Bust~ore retucned to the Council Chamber at A;00 p.m. I'PEM N0. 18. EDiVTRONMENTAI. IMPACT REPORT N0. 224 ( PREV. CERT. ), RE~CLASSIFICATION NO. 83-84-27 AND VARZANCE N0. 3395 PUBLIC t1EARING. OWNERS: TEXACO ANAHEIM HILLS, INC. , 380 5. J~naheim Hills Road, Anaheim, CA 52807. AGENT: HUDSON DEVELC~PMENT, 21941 Herencia, Miesion Viejo, CA 92692. Property descrit~ed as an irregular ly-shaped parcel of land consiating of approximately 14 acres, having a fron t age of approximately 1016 feet on the southeast side af Imperial Hi9hway, appr oximately 1650 fept eouth ~f the centerline of Nohl Ranch Road. RS-A-43,000(SC) to RS-5000(SC). Waivers o~ ~equired lot frontage, minimum building site width and required locction and orientation of structurea k^ construct a 25-lot (plus 3 open ~oace lote) subdivision. 4/30/84 MSNU7'ES AN~-H~IM CITY pLANNING COMMIS&ION APRIL 301w1964 84-249 Therg wae no onv indicating their preaence in uppoeition to subject roquest and elthough the staff ceport wus not read, it ia reEorred to And made a pArt of the minutes. Richard Hudson, agent, explained ho ia rPquestl.ng a zone ch~Ange to PUD for single famil y RS-S000 dwellinga. tle stated their current project was approvcd in 1979 for 25 unita and that they du not plan to change the density, but eimply want to detach the units rand have a single-LAmily detached unit zuning. George Maso n, Texaco-Anaheim Hills, Inc. etated they objeck to the propoaed Condition Nos. 1, 2, 3 and 7 which I~ave been added to thiR tractt ttiat the tract wt~s u r iginally appcoved in 1979 and re-eatablished in 1982= that Tracts 104U7 throug h 10410 wece Apprqved and provided for. conatructiun by lhe developer of the sidew~alk, curb, gutter and 24 feet of asphalt conccete pavoment alo nq the alignment of Impeclel Higt~way ~hat adjoins th~ tracts. He stated non~ oL theoe tracts took acceus Er.om Imperial Highway and it was required that there bF~ an irreVOCAbiQ oEEer af cie~~ication of the southeastecly 53 feet of Z mperial HighwAy, basically from Big Sky Drive l•o the end of the City line a n d that section of Im~ertal Highway which wou16 bN dedicated was to be canstr.ucted when tl~ere was an arterfal hi.gtiway f.unding project app~uved to ~ay for the conskruction of that portion of the highway. He stated it would appear beca uae it was an artpr.fal highway and becttuse the tracta t~ok no ar.cess Erom it, that the City was~ in eftect, committing to participate in the constructio n end of thnt half of imperial Highway; that subaec,uently in 1979, Texaco-nnah eim fiil.ls, Inc. r'irst submitted Tract 10617 for approval and in connecti~n with that ~,ppr~val, the ~lAnniny Commission conditioned them ko construct ttzat 53-foot section of Imperial Nighway fronting on Tract 10617 becauae it t ook access from Imperialfiighway and there ha~ never been any objection to that and that is 168 feet of Imperi~l tiighway. He atated Tract 10407 was b uilt and ttie tract map was recorded and the developec ciid construct the curb, g utter, sidewalk and pavement on t~in aide of Imperial. He stated last year w hen they submitted Tract. 10409, again the City said rhe original approval wa s supposed to be changed and they were a7ain conditioned to dedicate a n d imp~ove the southeasterly portion of Imperial Highway, 875 feet~ which the C ity had originally committed to build with highway funds. F+P ~tated on T ract 10617 they are being aaked to condition for improvements of . another. 70 0 or 8U(, Feet of Impecial that is off-site and he felt it is being cequested bFCause ataff feels it is the last shot they have. He stated this tract canno t affocd to build that portion of Imperial Highway and if ::. is found nece s sarp ta retain that condition foc this reque~t, which fs simply to change the duplex housin9 to single-family detac;hed, that they wo~ld withdraw tt~eir appl i cati~n and proceed with their original application of duplex p1An~. THE PU6LIC HEARING WAS CLOSED. Commissioner 8ushore ascertained that the tract referred to which expired in 1962 has be en re-entablished and never finalized and that this was not a condition of that tract. Jay Titus, Office Engineer, stated that was the tract that was conditioned to dpdicate and construct a portion of Imperial Highway fu rther south. He stated the tract has not been finalized, but thfs i.s a conditi.on. 4/30/84 NlINUTBS, ANAHEIM CITY PLANNXNG COMMZSSION APRIL 30 1984 84-250 Commlaeioner Duehore stated thcce is a conditio~ on the tentative to pa~e a c erkain poctian oE ImperiAl ot that point and that ia acrose the stre et ae w ell ne next lo thi+s site. Commiesioner tlerbst asked why the lots ~-r e being requeated for RS-5000 when they were originally approved for RS-10,0 O 0, Mr. ttudson reeponded the reaaon is the width of the lc~tat that with t he R5-10,000 'Loning, a 75-foot aicle yard setbACk would be requiced and w ith RS-5,000 c~nly 50 feet would be requiced, so they could not rrovide 2 5 lotg. Commiesioner Hecbat reviewed the origin~l approved rract map. Mr. M aaon stated this wae an RS-10,000 aquare feet PDC Overlay and duplex hous ing was pcopc~aed and they are juat tr,ying to bteak it up to provide aingle-f amily detachec~ houaing~ Commiesionpr McBuKney a~ked if the urea k,eing discuased for bonding and improvemr.nt from the tract boundaciea to the Anaheim Ci.ty limits An d the south edge oi future roadway is developable property. Jay Titus ce~ponde d it is not developable and Comtniasioner McBurney poinked ~ut the property would juek ~it there ~and wxit unkil the City or County improves it. Commiseioner Herbst stated he is oppo~ed to changing tt~e lot size w i th the requpsted reclasaiEication. Annika Santalahti, Assistant Director for 7,oning, stated if the Comn:ission looka tavorably an this proposal, the developer would have to devel op it in conformance with the Exhibit, so although the underlying zoning is different, they would hAVe to meet those sitP developm~nt atandards and if th e zoninq remaine at RS-10,000, the vaciance would probably have to be modifi ed to include some diEEerent waivers. She atated the RS-10,000 Zone has a different side yard setbuck requirement than the RS-5,000 and app~rently they are more in con-pliance with that than the RS-10,000. She stated if the Comm issi~n wants the RS-10,0U0 Zoning to remain, she tihought the side yatd se t back waivec would have to be advertised. ~:ommisaionec Herbst stated he has mixed feelings abaut changing th e lot size down one-half of wiiat was appcovedt that the whole plan cauld be c h anged in the future to 5,000-square foot iota and the Qroperty would have a lready been reclassified, if this is approved t~day. Annika Santalahti stated this approval would be tied to specific p lans and that is the way they would have to develop the property And they would have to re-subdivide it if they wanted to do anything diffecent. Commiss i aner Herbsk clarified his concern that if this developer does not build on th e propetty and sells it to someone else, then the property would have alread y bepn rPZOnec . .lack White explained when a reclassification is adopted, typica:l y it has a condition that khe property be developed in conformance with spec ific plans and specificationss that the ordinance would be adopted placing t h e property in the RS-5,000 Zone and tihe only question would be the ability o f the City to reyufre r~ aubsequent developer to build in accordance with those previously approved specific plans. He stated the reclassification would be the zcning, but it is not the designatian as iniiicated on the Ganeral Plan. 4/30/84 ~ MINUTES, ANAIiEIM CITY PLANNING CUMMISSIUN, APRI~ 30, ]984 84-251 Commiseianor Nerbst st~tvd ceGldaaification of this proPerty would draaticelly change the denait.y i~ the Areo. He odded he is not opposed to thi~ plen, but doea not went tn c hanye the 2oning. Annika Santalahti stated the rr.ally big difference between thi.s proposal and the ffcat one is that the firat onE dfd invo!ve attached uni~a And this would bc clelached and t he practicAl issue is l•.hr~t rhP RS-5,00() is comm~nsurate with what tt~ey want to do. She atated the property owner could be cequired to record a covenant on the proper:y atating that ik ahrall be limited to 25 units, or whateve r the number is, eo that a future owner would he aware of the restriction. Jay Titus, Otfice Engineer, atated when Tracts 10407, 1a4Q8, 10405~ and 1041U were aPpcoved in 1978, there wAS a candition placed on those tracts that a portion oE the ha lf of Imperial Highway be irrevocably offered for dedication and that l•hey bon d for improvements which would consist of aurb, gutters, aidewalka ~,~d 25 feet of pavement, with the intent at that kime, that the remaindNC uf the street be conotructed when the City had AHFP Pro,ject Funds, t~ut obviously in the last 6 years, financial conditiona have chunged considecably Eor cities and counties. He sCatQd the Commission reApp~oved Tract 10409 in 19 82 and those conditions were modified and ~ointed ou~ the~e tracts were on ~h e opposite side af' Imperial Highway fcom khis property being consideced today, but the conditiona wECe modified at that time to indicate thAt the Eull rig ht-of-way on Im~erial Hfghway, 106 feet from the eastern boundary oE tt~e t ract to Anaheim city limika shall be irrevocably offered f~r dedication to the City of Anaheim far the full width oE Imperial, including the one-haif on t he side of the tract, plus the one-helf on the opposite side of the street where there ia no fucther developable property. He read the ori9inal conditio n plACed on tt~e tr.act and ..ted thal is what they are prapasing for th i s particular tract and the precedent wa~ set on TrACt I0409. Mr. Mason ~L•ated he is saying originally the intent was that the City was to participate in t h e constcuction of that street through an AHFP Pr~ject. Mr. Mason etated tha~ is not the condition that is being requested nor the one they are objecting to; that the condition on Tract 10409 was for the full width of Irnperia 1 tor 106 feet ~rom the eastern boundary of this tract to the City limits and t hey did not q~~estion it. He stated tl~ey rec~gnize that things have chang ed and they recognize the ability ot that tract to bear that condi.tion, but w hat is being requested now is that the portion of imperial Highway, not adjacent to this tract, be constructed. He stated this portion of Imperial Highway is bordeced on one side by Tract 10407 which is a recorded tract and adjacent to it and on the other side is the open space which has been given to th e County of Orange; that in 1979 tnis tract was condiLioned and then again i t was re-conditioned and the tract was re-established, pointiny out they have the right to build this tract today as it was approved in 19A2, and tha t i~ what they p~opose to do if, in fact, it is found necessary ko condition this change. He stated they would prefer to build 25 single-fa.mily de tached houses and felt tt~ey would be improving the neighborhood by providing single-fami~y residences. He sta~~d this condition extends the abligation on the landowner fcr another 900 fe;.c of Imperial which is very expensive and puts them in a position ~+here the land in Tract 10617 has a negakive value. 4/30/84 MINUTES, ANAtfEIM CITY PLANNING COMMISSIUN, APRIL 30~19~4 84-252 Jay Tikus stated the ~tcetch of Imperial Highway under consideration doea abut Tract 10617 and extenda from the boundary of 10617 approximatQly 800 feet to the south. M[. Maeon state~ as the centerline of Impecinl proceeds south, khe ontire area they are ob~eating ko southoasterly of thio tract is the poction of Imperial Hlghway whi~h wea originally intended back in 1978 to be subject to an irrevocable offer to dedicake and to be built with artecial highway Eunding. t1e ~tated with this condition they h~ve picked up about another 1700 feet o~ lmperial. Commisaionec La CZaire referced to the discusaion wlien the Robin Hills Tract wae approvec. Mr. Mason atated Robin Hills ia bonded for the conntruction of the cucbs, gutters and 24 fee~ of asphalt cancrete. Commiasionec La Claire ataled there was a subskantial discussion ~t that Cime and the developer questioned why they had to construct the other slde of ImperiTl and she remembe~ed thNre wae not an s9reement whether or not to enter int~ a constcuction agreement with Texaco-Anaheim Hills, Inc. ~ay Titus stated that was back in 1978, and the conditlon, in ~act, mentioned an AHFP project by Tract 10409 which was re-approved and re-conditi~ned in 1982, placed the full responslbility upon the tract it~elf. Mr. Mason stated Tracts 10617 and 10409 were re-established and re-approved on the o~me date by the ~lanning Commission and with reapect to Tcact 10409, the obligation was expanded to include the 106-foot width of imperial fcom the easterly boundary of thak tcact to the ~ity limits and with regacd to Traet 10517, the obligation remains foc 53 Eeet of imperial abutting the tract which is a distance of about 968 feet ~outherly from Big Sky I.ane. He stated they feel advantaga is being taken of the praposal which they ttioughL• would make life somewhat easier and that is to have single-family detaehed housing cather than the duplexes and now they are being confronked by the staff with a condition on the tract for another S00 oc 900 feet of imp~rial Higiiway improvement. He stated it is clear that on Auqust 28, 1978, when the four tracts were approved, it ~as the intent of the City that the southeasterly 53 fset be dedicated with ;inirrevocably uffer af dediaation, but it would be built thcough a funding program pruject. Mr. Mason responded to Commissf.oner He~bs~t that Texaco-Anaheim Hills, Inc. was to participate in t' construction of the one-half of Imperial Highwcy adjoining the tracta that were under discussion and he felt the diacussion Commissioner La Claire ceferred to was due to the fact that this was an arterial highway from which these tracts were taking no access und it fa a street being built for the benefits af the County or City. Commiseioner Herbst asked if it does nnt ga Across to the City of Orange and if it would be necessary to have that portion of I~nperial widened. Paul Singer, Tra:£ic Engineer, replied ~hould Imperial not extend as planned an~ as is sh~wn on the Genecal Plan, certainly all conetruction in Anaheim Hills will come to an end because there will be no place foc the traffic to go and this land and othec lots would become questionable, He stated the entire community ia based on the projectionA for Imperial Highway and he doe~ not know what would hapFen if it doesn't go thcough. He stat~d there could ~e an diveraion of Imperial Elighway and instead oE yoing into Villa Park, it could divert westerly at some other point. 4/30/84 M1NUT~5_._ANAHBIM CI'PY PLANNING COMMISSION APRIL 30 1984 84-253 Mr. Mason atated there has been discussion of the poa~ibility of ImperlAl tying into Via Escola and proceeding weaterly to M~aCs Avenue, with Meato proceeding southerly to Santiago, Kellogg, etc. Ne atated Imperial would need to be widened wliothec it connecta with Loma oc not. Cammisaionec F[y asked if this cequest ia denied whetti~r or nat khey could develop the pcoject c>rigina.ll,y approved or lt they would need to come back foc a vari~3nce. Greg Hastinge resp~nded th~y could build the exiating approved new tract which is a 25-unlt attached condominium :zubdivision and no variance would be required. Commiesioner Herbc~t aske~9 if Annika Santalgl~ti felt ttie City would be adeyuately protected. Annika Santalahtl responded that a covenant ohould be cecorded on the property under the underlying zoning limiting the unita to 25 and the cil•y would be a party to that covenant and it must be appcoved and they would have to came back to the City foc review. Mr. Masan stated khey would have no problem with a cequirement ko record a covenant on the propcrty as one of the conditions. ACT10N: Commissiuner Hecbst oftiered Resoluticn No. PC84-83 and moved foc its passage and adoplion that the AnAheim City Planning Commission does hereby gtant Reclasaification 83-84-25 subject to petit'~ner's stipulati.on to execute and record a covenant against the propecty re~tricting the n~mber of unita for this tract to 25 and gubiect to Interdepartmental Committee recommendations. Jack White stated the resolution for the reclasaific~tion should have an additiont~l condition to read: •Thbt the owner of the property should cecord a covenant on tt~e property appruved by the City Attorney's ~ffice limiting subdiviaion and development of subject property to no moce than 25 single-family units plus 3 open-space lots whi~h would not be devsloped with a residence and the covenant should be cecorded prior to intraduction of an urdinance.' On roll call, the foregoing rpsolution was passed by the following vote: AYES: BOUAS, BUSHORE, FRY, HERBST, KING, LA CLAIRE, MC BURNEY NOES: NONE ABSENT: NONE Commissioner Herbst offered Reaolution No. PC84-84 and move~ foc its passage and adoption that the Anaheim City Pl~nning Commir~sion does hereby grant Variance No. 3395 on the basin khat there are ~pecial circumstar~ces applicable to the property such a~ size, shape, topogrAphy, location und surroundings which do not apply ka other identical~Y zoned property in the aame viciniky; and that strict application of the Zoning Code deprives the pcopecty of privileges en~oyed by other prop~rties in the identical zone and claasffication in the vicinity and subject to Intecdepartmental Commfttee recommendations. 4/30/84 MINUTES, ANAHBIM CI'fY PLANNING CUMMJSSION, APRIL 3U, 1984 84~254 On col1. call, the fucegoing reaolution was paased by tt~e Eollowing vota: AYES: BOUAS, DUSkIORE~ ~RY~ HERBST, KING, LA CLAIR~, MC BURNEY NOES: NONE ARSENT; NOME CommisRioner La Claire etated she would 11ke to suggest the Commission and Council looked at not only tt~is, but at aome oE the other things that are happening in the Hill and Canyon Area and the cumulative effect theae thinga will have. ITEM NU. 19. ENVIRONMENTAL IMPAC2' REPURT N0. 265 AND GENERAL PLAN AMENDMGNT N~ . 188 PUB~,IC HEARING. OWNERS: D. L. ENTERPRISES, LTG., 15 E3rillantez, Irvine, CA 92714. AGENT: JAMES DENNEHY, 15 Brillanl•ez, Irvine, CA 92714. Pro~eCty described as approximately 6U0 acr.es boundeo on the nocth hy the Fialle~ce Ranch, eaet and south of the Irvine Company property and west by Texaco Anaheim Hills, Inc. pcoperty. Amendment of tl~e Land Use Element of the General Plan: Alternate proposAls of ultimate Zand uses including, but not limited to Hilleide Est~te Uenaity Residential, Hillside Low Denaity Reaidential, HillaidP Medium Density Itesidential, General CUmmercial, and General Open Space. 'Phere was one person indicating his pressnce in oppositian to subject requeat and although the staff report was not read, it ia ceferred to and made a part of the minutes. Jarrod Iketa, Edah Ir~corpocated, 18002 Cowpn, consultant, explained their firm prepared the envirvnmental impack re~ort. Jay Tashiro, Associate r~anne:, presented th~: staff repurt t~ the Planning Commission dated, April 30, 1984, and explained this is a property owner requested amendment ta the LAnd Use Element of tt~e General Plan; however, thece ace many issues un:~ol~ed and all the critict~l issues have been identified in the staff r~port: (1) pceliminacy public facilities plan, (2) the appropriateness oE the 2608 inccease in density on a site where approximately 508 has slopea af 30$ or greater, (3) water capacity (the cumulative impact of incre~sed density), (4) reaervoir site, (5) park site - between 10 and 15-1/2 acres af flat :sable park land will. be necess,~ry adjacent ko the proposed school site, (6) ~chool site - apgcoximately 20 acres are necessar}, (7) relationship of the proposed development to Weir Canyon Regional Park altecnatives, (8) relationship of prop~sed development to the Eastecn Transportation Corcidor alternatives and (9) traffic c~ncerns. He explained City Service Department representa~ives are pcesent to answer any questions. Mr. Iketa stated the primary concerns seem tio be related to the density and noted the plan is a General Plan Amendment and they have not gotten in~.o the details or precise development plans and the intent was tc~ analyze the potenti~+l holding capacity of the land with cesp~ct to the physical environmental conditions as well as looking at the total ~rainage area of Weir 4/30/E34 MINUTES. ANAH~I_M_CITY PL~NNING COrMISRI~N, APRIL 30 `1984 ,_,_ 84-255 Canyoti. Ne stated thoy have been involved in the planning of thia property for over a yenc and ~uring thnt time, thoy have been involved with the aucraunding land ~wnQra. He presented a chacC ahowing the comparison of the density of this project with the ~auRr Rdnch projec~~ He stated they feel, by comparison, the two dre vecy cloae in density since there ig commercial land in ttie Bauec ~Anch project. He atated they have tried to preserve 37~ of k.he aite as open space with inclusi~n of the park lAnd pushing the kotal u~ to appr.oximately 408. Commisgioner McBurney left the meeting at 5:02 p.m. Mr. Iketa atated tt~ey h~ve tried to pul the project on a very pcellminary engineering basis and have not proposed the water and raservoi~ sitea and their preliminary engineering work was done to i~entify the £easibility and costs of development in the area and whether or not the costs will balance with the number of unita. Ne ~tated they tiave been wocking with the City Water DQpurtment end will continue tn work with them on an angoing basis. Reqarding the packeite, he sl•ated the parksite has been proposed to be develaped in conjunction with and adjacent to khe school and they have come to a geneXal agreement with the representatives of the Wallace Ranch on the Ucreage that is to be shared between the two pcojects becauae the schaol and park sitE~s are right on the border line. He stated they have been in contact with the Orange Unified School District and do have a letter indicating thelr concurrence with the location of Che school site; however, no agreement has been reached at thia time. Regar~ing the Weir Canyon Re~ional Park, Mr. Iketa explained that is located to the aouth of Uak Hills and there is a very small acea of approximately 30 acres in th~ aoutheast corner of the Oak Hi11s property which is within the view shed o£ the park, but ~hey do not have any preGise development plans, so do not know the nature of the impack on the parks howevec, feel confident that that piece of land can be developed to be screened and will present no visual impact to the regional pack site. Concerning the Eastern Tcanspoetation Corridor, he stated the study area does include the Oak Hil.ls P.anch at the present time; however, they reviewed the Park and Road Study and found thece were several alternatives and it was dete[mined Lrom that study, those particular alignments were not feasible and would require an extensive amount of grading and incli.nes of about 68 which would be unacceptable and the extensive grading would impact the habitat and view shed of the regional park, so the study concluded that the southerly alignments avoiding Oak Hills would be more feasible. He atated there is a study being conducted by the County for a more precise alignment of the Eastern Transportakion Corridoc; and that they feel confident that a more southecly alignment would be likely. Mr. Iketa stated they reviewed the traffic concerns thoroughly and found the traffic could be handled by t[~e roadway system propoaed with the inclusion of the eastPrn corridor but if the eastern corridor is not includ~d, there is a major problem at the intersection of Weir Canyon and Santa Ana Cany~n Roads. 4/30/84 MINUTES. ANANEIM CITY PLANNINC;_CUMMISSION, AYHIL 'JU, 1984 84-255 George MdBQn~ Texaco-Anaheim Nille, Inc., 39Q S. Anahpim Hills Road, Aneheim, etated with respect to the dengity that i~ being requeRted hece, they would look up~n it aH about 7~-1/2 or 8 units per acre for the acreage that will be devoted to rPaidential uRe and thie compares with A den~ity of aboul• 2.46 pec aace that has been rea~ized tu date on the 1,891 acces that are within subdivided tcachs in Anah~im klills that have been npproved to date and that is n~t including any open apace, commercial properky or roadA and is j~~st within the tracts. He etated the 1977 requeat by Texaco-Anaheim Flilis, Inc. for hiyher densities in the area that adjoin the oak Hills Ranch to the west w:~~ denied by the Planning Commi~sion nnd in 1980, General Plan Amendment No. 155 was adopCed coveriny 950 acces and provided for a maximum of 2,690 unite or abaut 2.83 units per gross ~cre and if the open apace is deducted and any uses that are not residential, for instance, the 13-acre park, the 15 acres of commercial, 30-acre al~owance for aecon~ary ~oa~s and 20d acres foc open apace and 96 acres foc conditional ea~ements, it ia about a 596 acre net that would Ue devoted to 2,690 units allowed or a denslty of abouk 4.5 as compared to 7-1/2 or 8 as requesred by tt~e ~pplicant. Mr. Mas~n stated they wish to point out that the diaparity in thes~ densities will result in their judgement, and is a cignificant change in the residential envirunment of this area which will probably mean that in the future the 950 acces which remain within the Ci.ty of Anaheim and which are undeveloped, and a:e part of the Anaheim Hills developrnent, ~ill probably be sub~ect of a reque8t to increase density tp be more compatib~e with what is beiny built in the neighborhood. He stated tt:ey mu~t remain c~mpatible and it is going to be difficult to market the large numbec ot lower density larger houses as imp].ied in General Plan Amendment No. 155 with a m~ch more intense cesidential devel~pment immediately adjoininy the tract. Regarding the Public Facilities Plan, Mr. Mason sGated Chere are certain statements made with regard to Reimbursement Districts in which !t is apparently contemplated that reimbursements for cerrain sanitary sewers and storm drains wil~ be obtained from the Anaheim Hills project and the basfs foc reimburseme.nt is not spelled out in the Facilities Plan. He stated their engineering to date does not indicate any connection with any of the~e faci~ities that mighk be built ir. connection with the Oak Hills or Wallace de~ lopments; however, if there is any such connection, they fepl very strongly that ceimbursement should be limitEd to a proportionate ~hare uniC basis and not an acreage basis. He stated there is also an indication in that plan t1~at there would be an indexing of co$t of facilities whir_h are to be sub~ect to reimbursement payments,and many ceimbursement agreements that have been issued in connectio~ with th~ development of Anaheim Hills projects cannot provide for such an indexing of the amounts spent and they stil~ have several millian of dollars of reimbursements coming back to the land owners, hopefully, over a period of time, and do not think the rules of the games should be changed by indexing the amounts spent contrary to what has been done in the past. He stated there is also an indication there would be reimbursement in connection with the dedication of land for school sites and if there is a virtue to consistency, the school sites in Anaheim Hills were dedicated unconditionally by Texaco-Anaheim Hills, inc. to the school district with na pro~ision for a reversion of the sites to Texaco-Anaheim Hills if the school district failed to use them within a certain specific period of time and there was no reimbursement from the developers and they do not think that 4/30/84 MINUTES, ANAHEIM CITY PLANNING COMMISSIO~ APRIL 30. 1984 84-257 it would be proper, in connectior- with these later developments, to make thoae change~ in prectices. Joel Fick, Aosistant Director for Planner, stated largely because of the subtnittal time and alBO becauo~ of the lack of epecificity that some of the items can be addressed and until such time as thece i8 a General plan Amendment or Planned Community 'Loning or more detailed zoning unc]ertaken, it lg staff's recommendation that the Public Facilitiea Plan was ~ubmittEd for information only and is not to be acted upon by the Planning Cammission oc City Council. He stated basica.lly ~he ~peciEi.c cotnments are that many of the iseues ace premature and have to be worked out bekween the landowners and sta~f in the ~uture. He ~tated the indexing of coste ao propas~d was very similac to that ~ppcoved an the Bauer RAnct~ Plan ~~nd reimbursemPnt agreements are things that have not been workPd out in the Bauer Ranch, yet even though they have had an adopted ~ublic Facilit~es Plan Eor aome time. Mc. Iketa stated they tried to do a lot of studies and provide a lot ot early in~ormation so that as a more precise development plan occurs, they can focus on apecifics. He pointed out this is ~ Genecal Plan Amendment and is general and they do understand the coat agreementa can be worked out. Regarding density, he atated ~hey tried to concentr.ate and cluster a yreat deal of open space a~d the land to the west of oak Hi.lls and adjoining Anaheim Hills has been develuped in such a way that that can be done compatibly with some hillside estate deve.lopment ar~ the most aou~hwestern noction of the pro~erty and there are othec hi9h density developments along the weste~n bound~ry, but they ace on the slopes facing the east. He stated compatibility to the north is a concern and they have worked with the eauer and Wallace Ranch development plans. Joe~ Fick stated even though the Public Faci:ities Plan is Eor information only, he wanted ta relate that the plan greatly assisted staff in a rapid review by focusing on a number of public facilitiea issues, but on the subject of providing a pool of money the property owners can take credit Eor, staff has very preliminacily looked at that and the ~nztial thinking was that probably each particular service will be analfzed independently and teimbucsemenk districts from benefiting ~ire~3s or properties can be worked out. THE PUBLIC HEARING WA3 CLOSEU. Commissioner Fry atated he thought the Commission has been handed one of the finest compliments ever since the developer and staff have been working on this plan foc about 1-1/2 years and have come up with a11 these recommendationa and the Commi~sfon has only had it since Friday night and are expected to dig~st it and come up with an answer. He asked if the Commiesion really doesn't have to concern itself with park sites, location, sizes, densities, public facilities, ekc. and if those ~hings can be worked dut at a subse~uent date. Jo~l ~ick stated it was staff's feeling that the main issue in a General Plan Ame~dment proposal, particularly a iarye one like thiE, is to determin~ whether the f~cilities are adequate to service the prop~sal that is before the Commission and that is what staff has attempted to identify. He stated regatding the park site, that there was one ma~oc General Plan Amendment in 4/30/84 MINUTES, ANAN~IM CITX PG~NNING COMMI5SIpN, APRIL 30, 1984 84-258 the Anaheim Hills erea and ttie perk aite was a large isaue ~nd the ataff recommendation at that time was that the acreaqe, based upon the projected number of reaidents in the urea, actunlly be cammitted at that time with the general locatio~~ committed and the specifics to be worked out later. He stated in the past, staff has treated that aa being a commitment for a apecific acreage ot flat unab~e area which is what Che Par.ks DepArtme~L Is recommending, ao there is recognition on the General Plan for both the land owner and any futuc~ buyec~ in the area indicating that is the direction of r_I~e community. Commiasionec La Claire Asked if khe ataff has A Eormula for making a recommendation for a park site and what is feaaible f~~r the area. Chris Jarvi, Director of. Parks, Recreatic~n and Cammunity Services, stated thP City has a formula of 2 acrea per 1000 people introduced into the s~bdivision and that is baeed on a City Ordinance so there ian't a 1ot of variation. Ne staksd it would be his intEnt to get th~ acreage b~sed on lhe ordinance and thece ls Park Site Planniny crite:i.a under which the park sites are selected and that cril•eria was approved by ~he Planniny Commission And City Council and the Parks and Recreation Commission. He ataCed this critecia was the result ot some problerns faced when some park land was rlonated and was not suitahle F.or development i~ the Ana}ieim Nills are~a. Commissioner La Claite stated she remembeced guing thcough this wilh Anaheim Hills, Inc. and because they could not pi.ck a site because the GenEral Plan Amendment was general and there were a lot of unanswered questions, ttie Commission had them designake a ce.rtain amount of flatland and it had to be adjacent to their highest density development. Mr. Jarvi stated the pcimaCy apptoach would be to tcy to acguire land that would meet the nepds of a cammunity park site which would be similar to Brookhurst or Peralta Canyon and they would be interested in moving it ar3jacent to the school site to maximize the utilizat~ion of public open space, particularly for active recreation. Coinmissioner La Claire stated ahe did not know if she agreed with the request for flatland. Mr. Jarvi. stated that criteria has been established and they do want flat park land oecause they have been in a situa:ion, particularly in the Canyon area, where flat land is at a premium and with new development coming in, the City will be pressed for additional flat land and when it is located adjacent to a school site, the public's ability to use that park can be maximized for soccer, football, etc. Commissioner La Claite stated there is a difference betwpe~ hillside development and flatland development and asked if Mr. Jarvi would be happy with the site adjacent to tt-,e sc'.ool that meets the park site selection criteria and Mr. J~rvi responded that would be accsptable. Commissioner Herbat left the meeting at 5;20 p.m. and did not return. Commissioner La Claire skatea it seems this project is far from being able to identify the sites because a lot of questions are not answered and she wondered if thP school site, park site and public facillties i~sue could be 4/30/84 MINUTES, ANAHEiM CITY PLANNING COMMISSION, APRIL 30, 1984 84-259 answerod et a later db~e if today the Commiasion can say that it is their inkent that the spirLt of the ordinances and cequirementa will be met. Mr. Fick stated the park site was actually deaignAted so the City would b~ uble ko go back at u later ~ate and dekermine thAt.~~ site was physice+lly designated on the plan and he thought it was at the elbow of area~ 9 and 10 where there was high denaity. Mr. J~rvi stated the ocdinance would havE to be met when the develo~~ment comes in. Cummi.ssioner La Claire stated she thought the Ci~y would be protected and Mr. Jarvi agreed it might not be a good idea to tie down acreage at this point because it is not known what the ultirnate density might be. CommisAioner Bushor.e stated in the pASt, staff has tried to get the ~nviranmental imPact reports ko the Cammission as aoon ar, poasible c-.o they would have more time Eor review and thought staff probAbly has had theae reporrs for a long timv ar~d added he hoped they were not ouC of the habit of doing that. He Nsked about the decision that each area,as it is being developed~would have to stand on its own ~nd this prnject, with its proposed density i~as a negative impact of $3d4,0U0 to the City. Commissioner La Claire stared ~he diEfercnce is ir, tt~e commercial projects propoaed on r.he Bauer Ranch and r,tated it was alway~ known khat if the area was builL-out in confocmance with ~he Gensral Plan, it wauld have a negative impact on the City, no matter wha~ buildi:~g took ~lace in the Canyon, and the only way it• was turned around tc lessen the impact was to allow a lot more commeccial uses in the Kaufman und eroad Development; h~wever, any residential development has a negative impact. .1oe1 Fick stated staff did receive dire~tfon from City Gouncil sevPca~ years ago that any new development in the Canyon Area would effectively stand on it~ own and not be a burden to the existing re~ident~ in the City. He stated the Rauer Ranch plan and ~everal othe~s have been submitted and the 9auer Ranah plan was actually a deficit for the first few years and then would return a positive cash flow. He stated he would agcee that the deficit is because there is less comm~rcial and added he thought the amount o£ the deficit would depend upon huw the dwelling units are spread out over the ranch and the infrastructure design, 3o that Ehe infrastruGtuce demands are the same. Commissioner Bushore stated it would only pay to keep the units close together to keep the development costs down and it would also only pay in the hills to put as much development as possible on the pcoperty. Mz. Fick stated it really depends on the specific design because the maintenance cosk to the City aFter the inf.rastr.ucture is in is basically the same, so it would aatually depend upon the clustering and design. Cort~iasionec eushore stated with taday~s engineering techniques, mountains can be moved and if it was more consistent with the pZan originally consldeted, he thought the units would be more clustered togetiher an8 khece would be a positive impact to the City. He added he has some real concer~s about cutting the ridge lines because it could change the whol~ atmosphere in the Canyon, as well as changing the g~ographic consequences in terms af weather. He stated he also has concerns ahout the proposed density and 3bout what will happen when the other properties ace developed. He stated there aeems to be a race 4/30/84 MINUTES, ANANEIM CITX PLANNYNG__CO~MISSIU_N_,_ APRIL 30i 1904 94-260 to see who can develop firat and as a result, there is no~ a specific, more compr~henaive, more meaningtul developmQnt in the Canyon. He pointed out the General Pl~n showa apecific zoninq aceas and they end up in concrete. He etated the .~ctua~ densi~y for this devPlopment is aL~out 8 unita per acre. He Added he has nu problert~ Wi~h the General Plan Amendment, if it is within rhe Cily's sphere ~E inEluence and within the pr.operty ownera wants and the wants of ~he Cily, but he wants to go bar.k to having A project stand un ita own. He stated he does not want ~his General Plan Amendment tied to a specific number o£ units becauae there are ~ti lot of queationa that have to be answered. Commissionet L~ Claire atated she would like to see the Commission adopt the General Plan Amendment, but it is hard for her to adopt Exhibit A. She added she thought it rniyht be adopted with a condition khat there is no specific number of unitr~ Approved. Commissioner Bushore atated he remembers other General Plan Amendments,and referred to the Bauer R~nch~where several ext~ibit3 were pcesented for Commission review. He st~~ed this is pre-annexation zoninq and it sh~uld be zoned for the lowestcicn~ity residential use and then tt could always be increased. He stated the Commission does not know what the proposed yrading is or even if some of it is possible. Commissione[ cry ~tated he doea not have any trouble with the annexation inta the City As long as apeciCic number~ are not fixed at this time because he is not happy with the denaity. CommissioneK Bunhore stated he does not like showing the southwest cornec of the property because it is within the City of Orange's sphece of influence and should not even be shown. Joel Fick stated the developer has indicated intere~t in annexing into just one juriadiction and there is a partion af the property where the ridge line was the historical bounda[y of ~he sphere of influence between the City of Orange and the City of Anaheim and there have be~n boundary adjustment~ that have taken place between the City of Anaheim and the City of Orange in the Anaheim Ni11s area and the City and the developer have had some preliminary discussions with LAFCO and they view the sphere of influence boundaries, in some cases, as being quite gen~ral and would be receptive to considering annexa:.ion to just one jurfsd~~:t:.on. Commissioner La Claire stated she thought thiE property should be brought into the City and the General P1an Amendment adopted. She referced ko Page 17-t of the staft report which points out that if this amendment with a maximum of 2900 uni.ts is approved, it is not automatically guaranteed for development of that numr~er of units. She stated she felt this amendment should be approved; however, it should read: "That the number of developable units would not be detetmin~~7 at this time." Juck Whit~ s~ated he has no problem with the Commission not putting an upper limit on t-.he approvalt that a General Plan Amendment is a basic guideline for subsequent development of tt~e lansl and there is no question that the approval of a General Plan Amendment does not guarantee a specific density or a speci£ic niamber of uriits an a piece of property. He stated the Commission 4/30/64 MINUTES, ANANEIM CITY PI~ANNING CUMMISSION, APRIL 30, 1984 84-261 should be aware that thi.s ia the fict~r_ stage in the development ~rocess for a propert,y and onr.e the det~cmfnation iH m~~de, and a~and use deaignatio~ is madQ on ~he General Pl.an, the next atep io an application Eor zoning oE ~he pcoperty in A mAnner that implem~nta the land use designation and thoae ~eaignations are set f.~r '.he Land Uoe El~ment oE khe General Plan. Ne stated as a.ong as the developer ~ubmite ane that complie~ wit}~ And is consistent with the land use deaignatio,i, il• io prob~bly incumbent upon the City ta consider one af thGS@ deoiqnation~ f~r ~he properky and tl~e c~nly limit~tion ie khAt the action is not done in an arbitrary or capriciou~ way and iE the designation is tota].ly incunsiskent with the designstion on the General Plan, an argument could b~ made th~t tt~e Ackian was arhitrary or capricioua. He stated the mere facC that the property i~ zoned RS-10,0U~ does not ,yuarant~e that the property will be allowed, in the ~hird sta~e of development, to be divided into 10,000 squace Eoot l~ks. He stake~ the find:nrs have t~ be made conAistent with tlie Subdivieion Map Act a~ Ea:~ aa whethec o~ not the property ia of a size ~uitable Eor a propose~ density, etc. He ad~cd there are three distinct stages of approval for any ~evel~pment of the pc~perty beEore it come~ into L•he City and this iE the first ~tagQ and the action today sets the stA~~e far. the next t.wo stages and is not to be construed as a guarantee Eor a cer ain numt~er of. unit~. Commissioner iiushore ~tated probably the mo3t appropriate designation f~r ':he property would simply be PUD (Pl~nned Unit Development). Jack White statad the PUD i~ a j:oper zone, but is ~oC a deaignation f.or the General Pl~n. Commissianer Bushvre stated many times we have ha~l ure-an~-exation zoning uf RS-A-43,OU0. Jack Wkiite stated the Cotnmission is cun3ideriny a General Plan I~me~dment today and is not conAidering zoning. Commission~r Bu~hore etar.ed ev.~ryone wants to come into the City with certain ~imple guaranl•ees and he could not s~c anything wrong with a aimple deslynation of PUD. Jack White stated there is a General Plan ~f Development which wou2d be in the nature of a pr.ecise or apecific pl.ar. £ur how the property is going to be developed and the terms 'Master Plan" or "Ger.eral Plan" are often used synonymously and cften cefer to the sartiFl thine~ w;iich i~ l•he stage we are at t~day and there is not a repoct in fro~L of the Cort;r~+:ssion to rezone the pcoperty or an appl.ication pending for rezon:nq and sr.aff !s not recommending khat at this time and he did not think anX member uf the staff is in a position to discuss the zoning today. He stated the request toaaf is to determi::e whether ar not to change the lari~i use designation on thc General Plan and that designation could be implemented with a vaciety of different zones and one of them could be the PUU Zone, as well as others. It was noted the current designation for this property is Open Space, Estate Density, Low Density and a pocti~n ~ith no desig~ation. Commi~ssioner Bushore stated the General Plan as displayed on the Council Chamber wall is just an arbitrary picture and the point earlier discussed is that its colors do become indelible ink and he doesn't want that. Commzssiuner Lu Claire stared khe General P2an is general and Ls always changing, and proi~ably rightly so, because it means we can change with khe 4/30/84 MINUTES, ANANEIM CITY PLANNING COMMIS3JON. APkIL 30, 1984 84-262 timea And get in etep with the pe~ple and it should always be r.hanged. She aeked if the City will have a handle on the number oE units that will be butlt iC Exhibit A is adopled. JoQl hick atated the ~lanniny Commiesion always has a hand.le because they will be aubsaquontly reviewing the zoning and subdivision oE the landt however, the ~~~e item that doea ^ome into play in c~nsidecing the philosophy ot thP General t'lan is that the Gen~ral Plan is the oEficial guide to development of l•he property and givea dicection t~ lan~ownecs and okhecn as ko wh~t might be developQd on the property and staff uaea ik for dire~tion for inErastructure planning. He atatcd those $ervice depactments ~~~-~o plan tt~e intrastructuce will need to be look.iny at the amended plan and probably the outside num~~ec oE building units to know what types of facllitien ace needed in order to provide ultimate mu~icipal F~cvice. Commiesfoner eushore stated he knowa wtiat happ~ns when colors a~e put on the General ~~lan and thi~ Genecal P~an Amendme~t dues not atand on it~ own and if che Commiasioners are true land plenners, they showld be looking ahead to development of the Wallace Kanch and ocher ranchea and looking at wha~ co.locs they are going to be putting on the mAp Ar thitt time. Commissi~..~t Fry skated he has never cunoidered the Ganeral Plan cast in concrete and Eelt aseuced the 2400 maximum developable ~nits is not neceasarily going to happen. He stated the Com~iesion hAS ex~ressed their concecn abour, the park sitE Mnd it will have to be adjacent to the school site and th~t it will be developed according to the c~cdinance3 as they now exiat and the Commicsion has been assuced that the aervices are avaflab~e and this will no~ put a heavy burden on them and at this time, he w~uld have no problem appro~~ing this request. Commissioner King stated he felt the er.vironmenta: im~act report should be certified and the General Flan AmendmenC approved based on the statement in the staff report, Page 19-t as referred t~ earlier by Commissioner La Claire. Commissioner Fry askPd if the Planning Department stafE felt the Commission would be doing tt~e right thing by cerCifying the EIP. and appcoving the GPA. Joel "ick stated the Commission is correct in that th:ere is no guarantee as to the number of units; that a Genera] ~lan ia very specific howevec, for example, the density ranges for estate are l~sted as up to 1.5, low-denaity is up to 5 up to 6 up to 16, so the General Plan is very specific but it does not guarantee hhe number of units. Ne stated the specific color exhibfted on the map goes theoretical.ly much highec than the 2400 units, but the developer has inclicated 2400 is the maximum they hav~ looked at in their dev~lopr~ent qlans. He stated thete are one oc two other iesues that have not been disc~ussed as addre;sed in the staff c~port and they primarily hinye on watec servi.ce and there is a wAter resecvoir indic,~:ed as being needed in this area end the developer haa looked at the p~ssibly of splitting ~his into two reservoir sites. He stated the staff rep~rt indicates the Water Division is currently looking al• thP overa.ll w3ter capacity in the area and addres~ing alternate methods of handling additicnal water to the Canycn area. He atated there are representa~ives present from the Utilities Department if the C~mmission wishes to address any que~ti~ns to them. He referred to Paye 19-z af the staff ; ~30/84 MINUTCS, ANAHd1M CITY PLANNING COMMISSION, APRIL 30. 1984 84-263 report which ~ddcesses the i~ems the eta[E identiEied as being diecusaiun i~ems and he thought the Commisaion hAS addren~ed mosl of them in some fashion. Commi~sioner aushore stated this i» like a buai.ness license becaur+e it d~e3 not yuarentee anything, but it doeo set specifics, a~t it ie aluo genera.l ~nd should not be relied on. Commiesioner La Claire stated one of L•fie problems this pcupecty has ia water; that th~re i~ a cumulative affect on tl~e whole Canyon area and thie project yoes over the maximum number o[ units orlginally planned Cor the area~ She etated she knowa there will be increased density in the Euture in this area and that has always been knownt however, it waa not known wt~at the economy wAs going to do and that the homes would not sell and now the Genecal P].an haa to be changed, but thp services have to be ccnAidered Eor the infrastructures, nct only Eor this development, but foc the rest oE the urea. She atated there are a lot oE problema that need to be reaolved. She stated she al.so wants to be sure the developer know~ the Cornmiasion ifi cor~cerned about the density in khat area and the 24 units may not be possible. Commi~si~ner LA Claire offered a inotion, seconded by Commissioner Fry and MOTION CARRiEn (Commissioner Bushore voting no, Commissionecs McBurney and Herbst abaenl), that the Anaheim City Planniny Commis~ion ~Eter reviewing the Draft Environmen~al Impact Report No. 265 for the proposed annexation and development of oak Nills Ranch and reviewing evidence, bott~ wcitten ~nd oral, presented to eupplement to Draft EIR No. 265 finds that Environmental Impact Repart No. 265 is in compliance with the Califocnia ~nvironmental Quality A~t and the City and 5tate CEQA Guidel.ines; that ecunomic, sccial and physical canside=aCioi~s make it infPasible tu el,minate all the significant enviror~mental impacts of the project wh~ch have been identified in EIR No. 265; ~~nd that it wi].1 be necessary ~o complete planning and provide for fundiny oE a system of arterial hiyh~ays having adpquate capacity to serve this project and other Leature developmcnts in khe regior. prior ko the appcoval of zoning the property for ~evelopment; however, the benefita of the project have bpen bal.anced against the unavoidable environmental impact.s and, pu~suant to the provisions of Section 15093 oE the State CEQA Guidelines, the occurrence of the significant environmental effects identified in EIR No. 265 an~ as set forth above may be permitted with~ut further mitigation due to the following avecriding conciderati~ns: 1) the project will pcovide a balanced cesidential community to fill a~zeed for housing an increasing populationj 2) the pruject is compatible with surrounding land u~es, and 3) the mitigation measure~ have been incorporated into the project tn reduce the environmenl•al impact to an accept~ble levelt therefore, the Planning Commission recommends that the City Courcil certify EIR No. 265 fnt the annexation and general ~lan of Oak Hills Ranch and adopt this Statement of Overriding C~nsiderations. Commissioner ~ushore atated he had voted against cectification of the :nvironmental impact reF~ort, no+. becau~e oE Che report itself which was adequate si~ce it does point out the problems, but there ace two o~!erriding considerations and one is that tl~e economic, social and pt~ysical considerations make it infeasiblo ta eliminate all of the significant environment~l im~~actb of the project which havP been identified and that basically is because the property development, as proposed, with the density, grading, etc. is too gteat and that mitigation measures have been incorporated 4/30/84 MINUTES, ANAHEIM CITY PLANNING COMMISSIUN. APR IL 30, 1984 84~264 and a18o the repart indicatee that mitigation measu~es have been incocporated nto tho proje~t to rRduce the environmentel i mpacta to an acceplable lAvel, ;et in a previ~u~ st.ntemont, the repo~t atete s it ia not feasible to expec.t theae things to be mitigated. Fle atat~d CEpA woe designed to bring these impacts to mind eo ~.hnt the peace~ health, An d satety ot the peuple could be take~ into considecation ~~nd the repoct d~es :=hat, but the project is cn~~aing these impacl•s and he tt~ought the projecl•, as proposed, is juat ton heAVy. Chairwoman gouas stated any devel~pment in th at area would cause aome of thoae impacts. Commissioner Bustiore atAted decreasing the pr oject would mitigate the impacts. Ne stated the report sim(~ly identif ies the concerns and points out that the concerns have not been mitigat~.~d. Commf+~sfone: La C]aire oEfered Recolution Na. PC84-85 and moved for its passage ~nd adoption that the Anaheim City P1 anning Commission does hereby adopt and r~commend adopt.ion of General F'lan Amendment No. 188 with emphasis on the 3tatt~„ent that khe applicant ahould b e aware that approval of ttubject amendment witt~ a maximum uf 2,~00 dwelling u n its does not automatically guarantee development of those units. U nder the General Plan designation the number of developablc units would range f ram 0 to 2,4f)0, with the actual number of implementible units to be authorix ed by the City at the time of approval of Planned Community (PC) zoning an d aubdivision appcovals. Commissloner La Claire stated she wanted to make sure the applicant understands khat it is Planning Commiasion's intention that the property will iior be built-out to the propooed naximum number of 2,400 dwelling units and that there ar.e many issues that need tu be r esolved. Joel Fick asked if Commissioner La Claire wi shed to incort~orate into the resolution that the maximum theoretical unit count is 2,400 rather than what could be hi9her. Commissioner LA Claire res ponded that was her intent. On roll ca11, the foregoing resolution was passed by the following vote: AYES: [i0UA5, FRY, KING, LA CLAIRE NOES: BU5HORE ABSEN'P; HERBST, MC BURNEY Commissioner Bushore stated he voted no on t he basis that he did not think the CommisKian was given altecnatives and other alternatives should have been presented for review and also the project d oea not stand on its own. Jack Whi~e explained this mr~tter wi21 automatically be heard before the City Cauncil at a public heacing and notice will be given. ITEM N0. 20. EIR :IEGATIVE DECLARATION AND GENERAL PLA~ AMENAMENT N0. 195 Amendment to the Housing Element o~ the Gen eral Plan. The amendment wil~ consider an update of housing needs, goals, policies, plans and programs citywide. 4/30/84 MINUTES ANANEIM CITY PLANNING COMMISSION APRIL 30 1984 84-265 There was nu one ind~cAting theic pres~nae in oppos iti.on to subject cequest and although the ataff report to rhe Blanning Commisaion dated April 30, 1984, was not read, it is cefeccNd to and made a Nact ef the minutes. Joel Eick, Aesietant Director for Planning, presen t ed the atAf[ report and explained thiR is n ataff-initiated General Plan Amenciment to consider revisions to the Houaing Element of the General Pla n. THE PUBLIC HF.ARIN~ WAS CLOSED. Jack Whlte, Asbistant City Atlotney, explained the motion to approve the Negative Ueclara~ion should be a recommendation for appcoval by the City Council. ACTION: Commissioner King offere~] a mot.ion, se~~ond ed by Commiosioner Fry and MOTION CARItiEO lCommissionecs Herbat and Mc t~ur.ney absent) that the Anut~cim City Ylanning Commission has revfewed the proposal to amend the Houeing Elem~nt of the General Plan to camply with State g uidelines pursuant to Gorernment Code Section 655883 (b), and does hereby recummend approaal of the Neyative Declacation to the City Couneil upon finding that it tias conaidered the Negative lleclar~tion together with any comment s received during the piiblic review process and further finding on the basis nf the initial Study and any c~mments received that there is no subatantial .idence that the project will h~ve a siqnif.icant effect on the environment. Ccmrtiissioner King offeced Itesolution No. PC84-86 ~ nd maved for it~ pa~sage and auoption that the Anaheim City Planning Commissio n doea hereby recommend to the City Council adoption of General Plan Amendme n t No. 195, amendment to the Housing Element. On roll call, ~he foregoing resolution was passed by the followi.ng vote: AYES: BOUAS, BUSHORE, FRY, KING, LA CLAIRE NOES: NONE ABSENT: HERBST, MC EiURNEY .tack White, Assistant City AtGocney, ~resented tt~e writl-en r.ight to aopeal the Plar~ning Commission's decision withii. days to tt~e City Council. IT~M N0. 21. REFORTS AND RBCOMMENDATIONS A. CONDI'PIONAL US~ PERMIT h0. 1612 - Request f.c om Robect N. Reddin for a retroactive exrension of time for Cor~ditianal Use Perrnit No. 1812, property described as 1203 West Lincoln Avpn ue. Commissioner E3usi~ore explained he h«d originally declared a~.onflict of intetest nn this rt~tter and even though the r e is no longec' a conflict, he would abstain on tt~is matte:. ACTiOt' Commissior~er King offered a motio n, seconded hy Commissioner Fry and MOTION CARRIED (Commissionecs Herbst and McBurney absent and Commissioner eushore abstaining) that the Anaheim City Planning Commission does hereby grant a retroactive one-year extension of time for Conditional Use Permit No. 1812 to expire on April 10, 19ti5. 4/30/84 u' M_INUTBS. ANAHEIM CITY FLANNING COMMIS5ION, APRIL 30. 19$A 84-200 B. RECLASStFICATION N0. 79-8U- . ANU VARIANCE N0. 3141 - Requeat from Robert Fuller for retcoactive ~~xtenaions ot time Eor Reclassificdtion No. 79-80-31 and Variance No. 314]., property deacribed ~s an icregulArly-scheduled shaped narcel of land consiating of apprc,ximately 6.34 acres located at the southeast cor.ner of Frontera Street and Glassell Street. ACTION: Gommiesioner King offered a motion, secondec~ by Gommissioner Fry and MOTION CARRIED (Commisaioners Herbst .:~nd McBurney Absent) that the Anaheim City Planning Commiseion does hf~reby yrant a one-year retcoactive exter.s:on of time for ReclassificatiAn No. 79-80-31 ancl Variance No. 3141 t~ expire on April 7, 1985. C. CONUITIONAI. [~~~E PERMIT NU. 2324 ~ Request for deletion or modif~.cation oE Condition Nc 11 of City Council Reso.lution No. 42Ft-385. Jack White, Asai~tant City Attorney, Qxplained this is the same pcoperty as discuased under Item No. 17 and the City Gouncil imposed conditions in their resclution and a.notion should be mc~dr_ recomr~~nding deletion of Condition No. 11 reatricting the height. Greg Hastings, Assistant Plnnner, explained the City Council approved the hotel plans with the condiCion that the sign shall not be higher than 116 Eeet above grade and now the petitioner is requesting to have a sign at 148 feet-11 inches and that would cequire a modifica~ion or deletion to the Ciky Council resolukion. Jack White explained rhe action on Item N~. 17, if it becomes final, would be inconsistent with Condikien No. 11 of the existing conditional use permit for the hotel and t~~ey would not be able to do anything ~ecause it would violate that condition and they would only be allowed to build the sign if the condition is amended. Mr. Kumer, Chief Engineer of Disneyland, expla.ined thiF is the cond:tion that they proposed to the City Counci.l when the cnnciitional use permit was approved because they wece concerr,ed dbout the sign on the hotel. ACTION: Commissioner Herbst offered a motion, seconded 'oy Commissioner King and MOTION CARRIED (Chairwoman ~onas votiny no and Commissioner Bushore abstaining), tha~ the request Eor deletion or modification to Condition No. 11 of the City C:ouncil R~solution No. 82R-385 be granted on tt~e basis that it will not be an illumfnated sign and wi].1 not be detrimental to Disneyland and phokographs indicated this is probably les~ visible than other hotel signs in the area. Jack White stated he understands this is a modification ta Con~ition No. 11 of the City Council reso2ution to permit A 148 foot-11 inch high roof sign in accordance with the plans on file with the Planning v~partment. Jack White expl~ined the City Council will automatically aet this for publfc heacing and n~tices will be mail~d. 4/30/84 MINUTES, ANAHEIM CITY PLANNTNG CQMMISSION, APRIL 30. 1984 84-267 n. CONDITIONAL USE p~~MIT N0. ~187 - Request Erom Ray Siegl~ fnr A retcoactive extension of tir:e for Conditional Use Pecmit No. 2187, pcoperty locaked de 9'9 Eas: South 5treet. Greg Eiastings, As9latant Planner, reapon~ed to Commieaioner ~uahore that Mr. Siegle's office was closed today arid staff. could nok conl~at t~im regatding attending thia meeting. C~mmissioner Ery s~ated he would like to have the petitionec ~~reaent and Comrnzs~ioner La Claire suqgeated a rwo-week continuance in order for the applicant to be present. Jack White Explained the Commission could ~,~t: this f~,r a public hearfng for purposes of revocati.on or modiEication ot the conditions. Commiasioner Bushore c~tated khis was to expire March 23, 1985, and the Commi.ssion could do nothing and kill it oc could deny the extension af time or sec. the matter for public hearing to amend the conditional use permit. Mr. White stated sekting the matter for public hearing would give the Commission g:eatec options and explained the original conditional use pecmit wa~ granted for a Nc-iod ~f one year, with a condition that it would be subjeck t~ fucthFr extensions of time by nc~ Pl~~nning Commission, and if the conditfon h~s been that il• would expire on a cectain date, there would be no problem. He stated if the Commission wants to impose certain new conditions or to terminate the use, they would havE~ L•ha~ option at ttie public hnaring. He explained the only matter Eor consider~.tion today is whether t yrant the one-year extensiun oP time. ACTION; Commissioner Fry o~feced a motion, seconded by Commissioner La Claire and MOTION CARRIEU lComtnissioners Herbst and McQurney absenti that consideration of tt~e afoceme~tioned matter be Continu~d to the regularly-scheduled meeting of May 14, 1984, in order that tt~e mal•ter can be set for public he~ring for purposes of considering revocation ar modification to the conditions of approval. UTHER DISCU55I:)tJ: (1) Cummissionzr Sushore stated he r.}~ought staff was going to start putting stceet addre~ses on public notices. (2) Commissioner Bushore stated he would lfke to know the status o~ the study pectaining to the r_otnmpteial cecreational area and its boundaries and the possib3.lities of bringing certain portlons of the acea into cunf.acmance with the General Plan. Joel Fick stated staff has been moving ahead With the Skadium Area Land Use Strategy and are very close to haviny a scope of work done within the next few days, but realized t}~at ~'~.d not include the Disneyland area. (3) Commissioner La Claire asked the status of the computer analysis which would provide up-to-date information to the Planning Commission. It wa~ noted that John Anderson, Associate Flanner, is still Working on that analysis. 4/30/84 MINUTE&. AN~HEIM CITX PLANNING COMMIBSaUN, ~PRIL 30, 1984 64-268 ADJOOKNMENT; There being no fucther businese, Commisei~ner King offered a moti,~n, aeconded by Commieaioner Pry and M~TZON CARRIED, tha~ the meE_:ng be ad~ourned. The meeting was ad;~urned at 6:22 p.m. Reepectfully eubmittpd, ~ ~ ~1~~ Edith L. Nacris, secretary Anaheim City Planning Commiaeion ELH;lm 0043m 4/30/84