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Minutes-PC 1985/09/04REGULAR ~E~TING OF THE ~NAHEiM CLTY PLANNLNG COMMISSLON REGULAR MEETiNG The regular meeting of the Anaheim C~ty ~l,anning Commiasion was called to ordec by Chairwoman La ClAire et lO:UU a.m., Septembec 4, 1985, ~n the Cuuncil. Chamber, a quocum being preaent, and the Commie~ion reviowed plans of the iteme or+ tod~y's agende. RECESS: RECONVENED: 11:30 a.m. 1:30 p.m. PRESGNT ChaicwomAn: Commiaeionpre: ABSENT; Commissionet: ~.a Claire Bouas, Fry, Nerbet, Mc Bu[ney, Mesae Lawicki ALSO PRESENT Annika Santalahti. hlalcol.rn Slaughter .ray ~ritus Paul Singer Macy McCloskey Kendra Marcies Edith tiacris Aseisi:ant Director for Zoning Deputy City Attorney OfEice Engineer City Tcaf.fic Engineer Aseoci.af.e P.lanner Assist~nt Planner Planning Commiseion SecretAr.y APPftUVAL OP MINUTE5: Commiseioner McBurney offeced n motian, seconded by Cummissi.oner Bouas and MOTION CARR~ED (Commissioner Lawicki absent) that the minute+~ af the meeting of Auguat ~9, 1985, be approved aa corrected on Page 85-A65 second line, item No. 7 to ehoW Conditional Use Permit No. as 1858 cather than 1815. ITEM N0. 1 EIR NEGATtVE PECLARATTON AND CONDTTIONAL USE PERMZT N0. 2314 ..~_ SR~ADVERTISEp) PUBLIC HEARING. OWNERS: ROVI PACIPIC CORPOFcATiUN, 1801 Century ~ark Eaet, ~l.ll., Los Angeles, CA 90067, ATTN: DANTF.t. WEBER. AGENT: F~ARANO & KZViET, l0U S. Anaheim Blvd., ~340, Anaheim, CA 92805, ATTN: FRANK A. LUWRY, JR. Properky described aa a cectangularly-ahaped paccel of land consieti.ng of approximately 3.U acres located at the northeast corner of Sacrano Avenue and Nohl Ranch Road, 6509, 65.11. and 6513 Serrano Avenue (Town and Country Earl} Educar,ion Center). Request for amendmpi~t o~ Conditian No. 2 of Pla~ning Commission Resolution No. 82-68 for approva.l of revised plans (No. l.) for expansion of an existinq pcivate day care and Klementary educational. facility (ages 2-1/2 yeACS through third gcade). Continued from the meetinge of June 24 and July 22, 1.985 i1CTLON: Commieaionec Bouas offered a motion, aeconded by Commiesioner McBurn~ey and MOTION CARRI~D (Commiss~orer Lawicki absent) that considerat~lon of. the aforementioned matter be continued to the regularly-scheduled meeting of September 3U, 1985, in ordec for the applicant to complete the a~und study and eubmit additional information as requested by etaff bnd th~ Planning CommieRion. 85-467 9/4/85 i MINUTES. ANAHEIM C1TY PLANNLNG CUMMISSTON~SBPTEMNGR 4. 19t~5 _ 8~-468 Z~~~p.? Eiit NB~",ATIVE DECLARATZON. WALVE.R OP CODE ltEQUI}tE.MEN, T AND CONDITIONAL -1SE PEttMiT_N0. 2694 PUBLiC Hk~ARiNG. OWI~E~itS: FR~;DERtCK 7,. RFiTLER AND MAUitiCE Zt4;GGF.R, 9a89 Santa Monica Boulevacd, L3everly Ni.)1s, CA 90212. AGENT: COLpWELL B,ANK~R, 2l.Op West Ocanyewood Ave~ue, Siiite 100, Orange, CA 92668, ATTN: JAM~S Kl~ANB. Property described Aa a rect~ngularly~ehaped parcel of lund conefsting uf approximakel.y 3.1 acrea l.ocated t-t ,:t-e southeaeL ~~cner of Miral.uma A~~enue and Red Gum Street, 1.280 and 1.29U North Recl Gutn Street and 297U ~aet Micaloma Avenue. To ~,ecmit an automobil.e hody and detAil. ahop ln an exi~tin~ industrial. compl.ex with waiver of minimum riumber af ~arking gPa~e$• Continuad from ~l~e tneetiu+g of Auguet 1.~I, 1995 AC. TtpN: Cnmmiseioner Boue~s nffe~ed a moti~u, 6~conded by CommisgtonPr tqcDur.ney and MUTION CARRiEO (Commiasioner Lawicki abaent) that coneiaeration uf ths aEorementioned mc+tl:Er be continued to the regularly-scheduled meeting of 5eptember l.G, 1.985, at the reyu~et af the ~etitioraer in order to eubmi' r~~vised plans. 85-86-2, WAIVER OF COL~E ITEM N0. 3 EIR NU. 268, RLCLASSLFICA7'ION NU. RE'~UTkEMENT ANU CONUITTONAL USE PERMiT N0. 2713 PUBLIC HEARiNG. OWNEkS: ST1,~TE CULLEGE PAR?NERS, c/o DUNN PROPERTIES~5100 Brookhollow Dcfve, Santa Ana ~:A 92702. AGENT: k3ILL SLFJGF.R & ASSOC., Birch Street, Newport Beach, GA 92660. Property described ae a cectangularly-shaped parcel ot land conaieting ot approximatel.y 7.67 acres lo~ated at the n~rthwest corner of Utangewood Avenue and State Co1.le9e Boul.evard (State College Plaza). ML(FP) to CO(FP) or a l.ese intense zone to permit a l.0-stor;~ ancl 12-story c~mmercial. o~fice c:.mplex with waivere of (a) minimum numbec of parking spaces, (b) maximum structural height and lc) minimum 'landecaped eetback. Continued Erom the mePting of August 19, .1985. There was no one indicating their presence in oppoaition to aubject request and although the staff repott was not read, it is re£errPd to and made a part of the minutes. Floyd FacAno, att~cney, t00 a. A:~aheim Boulevard, An~-heim, California, stated in readingr analyzing ar~d digeeting tbe Environmental Impact Report, together with the staff report, the impresaion is created that a m~ore si.gnificant impact is going to be created by thie pcoject than is actually ~rues that the EIR cefers ~nly to the cnmulative impacts cather than the epecific impacts thak this pco~ect wotild have on the trafficr etc. He refeXred to a letter written by the EIR consultant to Dunn Propectiea giving an ~pinion on the specific impact on the total. development coneidering all properties in the neighborhqod, rather than just the five ~ilot projects reflected in the ceport. Mr. FArano stated he juet received the etaff report on Friday and when they realized that the repart addresses ~he "aubstantial" ir,-pact on the area, they 9/4/85 , , MINUTBS, ANAHE;IM CLTY PUANNING COMMISSION, SE~TEMN~R 4, 1985 85-469 ~elt that iasue ehou~d be addceosed to make sure the Commiasion underetando that the impaate racited in the EiR only pertain to 5 or 6 pilot pro~oct~, including the gubj~ct proj~~,t. l~e stated when the totel impnct of this praject ia realized And compared with thN devElopment of All propertisa in ttie aCudy atea, the actucl impact ie subotantiall,y .1QSe than khat reflecte~ in the [epoct. He atnte~ they feel the efEeck on t~affic and other. bur~ena would be at lea~.t one-half oF that recfted in the report. Ne asked that the Letter af September 3, 1y85, addressed to the petitioner Eram Ul.trasystems be conQidereQ aa a patt of the E:iN it.H~±lf. Mr. Faran~ atated the pctitioner ie wiU.ing to com~ly with al.l. the conditiong in the etatt report, exGept Condition Noe. 24 and 25, and they euggest that Conclltion No. 2a Ue amended to r~id: •ThAt p[ior to the ieauance of building per.mits tor the PhASe 2 and Phase .~ office buildinqs, final deeign plAns eha11 be sut~mitted ta the Planniny Department for revlew ~+rtQ a~proval.', deleting apptoval by the P~.anning Commiesion becauee they do not want to burden the Plann. Commiesion by coming back for furtheG public hearinga w~th final design plans unless staff feel.s it ie neceasary, hut wauld like to avoid that it posaible. Mr. FarAna continued they woul.d tequest that Condition No. 2; be deleted .in ite entirety, because all of the zequiremente set forth L•o mitigatp the impact ot the project are covered in the other c~nditionss that Dunn Prcperties is willing to pby its fair shace end is will,iny lo provide for the mi.tigation oE those impacts, but believes the ~5.33 per sq~ate foat fee amounts to a subetantial sum oE money and is not necessary eince the payment for any infrasl•ructuce necessnry by future d~velopment in the area would be novered by the Assesement Uistricl incl.uded in CondiCion No. 16. He added they have compl.ic.d with Condition No. l.G pursuant to Variance No. 3462 approved l.ast February and rhey hava signed a covenant with the City of Anaheim saying they will not contest the focmation of an Aesesament District. He atated they believe the off-•site improvement;; which ace necessary to mitigate the impact oE their development ace covered and the $5.33 fee is exce~aive and any f.ucther charges, other khan those off-site im~rovements, would be determined and aeaessed against the development at the ti.me the Asgessment District ia implemented. He stated he woul.d suggeat that the City doesn't know when the Ast;essment Dietrict is goi.ng to be created, if i't is going to be created, how much the assessments are going to be, etc. and they be].ieve the $5.33 ie speculative and constitutes an extreme burden on tf~e property itself. ~tr. Farano read the letter dated September 3rd fram Don De Mars of Ultcasystem~ to Dunn Properties indicating the EiR was prepared in accordance with CE(~A guidelines as interpreted by the Cit,y of Anaheim staff and that staff had a major inf.luence in the contpnt of the Environmen::al Impact Report. Mr. Farano stated the aummation of the l.ettec is that it states the Eilt dees not apecifically deal with the individual impact that t'~is project woul.d have on the total ar~a, including al.l exieting d~yeloprt~ent, and it onl.y deals with ite portion and states it will contribute a portion uf the impact, ae well. as 5 other projects that are going to be developed or are being developed at this time. He etated they want to be sure the Pl.anning Commission is aware oi the fz~et that the impact of this particular pcoject is not treated in the Environmental Impact Report as it is against the whole area and Condition No. 9/4/SS j .. MINUT~S, ANANEI?1 CITY P1.AN:~ING COMMISStON. :iBPTEMBF.R 4~ 19f~5 85-470 24 i.mp~ses a detrimentel. fce upon the projecl• eince l.he petitioner ie wilting to cvnetruct Che otf-eite d~vol.opmente that are reyuired by Che Environmental impact Reporl• and by etaEf, even though someone elae benefits from t.hose deve lupment4 and t,he i.mposicion of both thp con~truction coets and the fee ia exc~eslve and shc~ul.d ba held oEf until. the cceetion of the Assesament bist rlct, as pravided Ear in Condition No. 1.G. Ma.l.colm Slaughter, Depuky City Attorney, atated the last sentence in Paragraph 25 doeo pr~vide for a credit for moniNe alre~~dy pnid by thP CIPVP~f1PPf and f.or futu ro monPy the devel.opec miyht have ko p~y for ott.-eit~ improvements which benefit other projects in the nrea, so it ic not cim~ly ~ matter of $5.33, but it i s$5.33 ].eas the applicable e:edits. Fle atbted he hhouyht the conditione are phrasctd in fluch a way to cover ~he circumstancec thAt if this building goes ahead and tt~e No~eibility exiats Ctiat the District is never going to be created, And there are a l.uk ot ths.ngs wi~ich the Petitioner can contwar in thc~ formation of the Uistrict, and he did nat seF that the ~onaiciong ace cumulotive as suggested by Mr. Farano and he would expect that if the L'1,skrict is formed and implemented, it would inctude a mechraniam in ft to credit. an,y diff e[Nnces ot munies paid under individual ~eimits. Mr. Farano stated the Rtaff report does say they wil.l be credited for those off-eite improvemecits which are going to be installed and which will be ta the benefit of ott~ers. tt~ st.at~~d thece ifi a subatankial difference of monies invol.ved; Lhat the tota). pcoject will. bP 593,U00 square feet and that figure when mul.tipl.ted by ~5.33 per syuare E04t produces a total af $3,1GS,U00, and khe off-site improvements which they will. instal.l will cost ~500,OU0 c~r less, so t hete is a Z-]/2 ~oill.ion dol.lar difference which will be £loating Eor some time in the future until it ie de~erm.ined that the Assessment DistriCts will be establiehed ot whether the EeE charged will be adopted. Eie stated to put a 2-l./2 rnillion dollar tinld on their property ie burdeneome and it is true this ~5.33 does not have to be paid un~i3. the building permits are taken out, but it is st.ill a].ot of money being hel.d~"ab~yance until. those things are made cer t ain . Mal.cc~lm Slauyhter suggested the Planni~.g ,caEf F•xpl.ain for tng record how the $5.33 fiyure was derived and stated his ~~ff.ice woul.d continuR~ r,u recommend that the City adopt an interim fee crdinance to ap~>ly ro alI dtvelopments in the arPa and in the event thal ordinar.;;e is adopted beEcre this deve]oper comes ~n fc~r building permits, they will be eubjec:t to that ordinance. THE PUBLiC HEARING WAS CLOSED. Ma~y McCloskey, Aesociate Planner, atated the CiCy has receivec3 the Anaheim Area Study which wae identified and discussed in the Enviranmental. tmpact Report prepared for this project, and referred to Page 12 of the ELR which says that the comprel~ensive land use study now underway will. identify improvement/services necedsary to accammodate intensifted development, including implementatinn gtr~teqy such as financiny mechaniems and that the propecty owners will be requi.red to equally participate in praviding for the improvement/secvices. She etated the fee~ was cal.cul.ated on the tota~ gross square faotage projected for the 4 alternativea and staff utilized tt~e most ambitious alternative (No. 4) which resulted in the lowest Eee. She stated the ovecr~ll projection of growth and the overall coets which were identified, 9/4!85 MtNUTES~ANAl1EiM CITY I~~.ANNING l':OMMi5SI0N~,~~P7'EMBER 4~ 1985 85-471. wae the minimum it would take to construct the im~ravemente1 that Atternative 1. which is 1eeR ~quace toot~ye was 56.42 per square Eoat and A1.ternative Nu. 4 was $5.33 per sq uAre FooC with Al~ernatives 2 and 3 in the middle. She BtJLBC~ the environmental. impact re~,oct ha~s idenkified that this pcuject will have a cumulative impac t on the infrastructure in the area and in urder to mitigate ~hat impact, the property owner should be requi.red to financi~lTy parCicipatet that with the Asaessment Uistrict incl.uded in Condition t~o. 16, the pcoperty owner did eign a cove~ant for the flourherly p~ction of the pro~erty on1y, and gtACf would eugg eat the,y eign a cavenant f.or the northerly port.ion= that in the financing me chaniams eugyested in the study, Assesgr~ent Di~;tricr Eormarion ie juet one option which the City could be looking ~t~ and rlie City would iike to hav~ some us surance that they will have c.hat E~arcicipation in the evenk an Assesemenl Dietrict is not created [or this area. She 4kated again tl~e ~5.33 L•iyure wae calcu.lated on tFie overall projection of growth, ond the overAtl. pro~ection of the estimate oc what Lhe improv~ments would cost and that is a minamum COBt wh ich hae been identlfied. Cpmmissioner ~ry stated he peraonally feels the Assesament pistrict iF the right and proper way t:o go; howevec, he doubted ik would ever happen and baeed on that assumption, did not know how thes~ things would be paid fuc. tie stated he ie ve hemently oppo~ed to the fee ~t this point, but did not know of any ~reative altecnative. He sLated if even hal£ oE tlie proposed development actually takes pl.ace in that areA, the City wil] be in krouble. tlr. Parano ~•'.._•d he agrees and underetands the City's concerns and shares tfw • c~~n and Et-els the success of the project is related to the abil.ity of the . function. He ytated there ~hould be more of a ecientific approach ~. -oblem, and tie knows the City is in the very early stages oF ~.udy anr ar~ n ot really ready to pursue the al.ternatives. He stated the ASA Study indicaceo fur Alternal-ive 4, ~5~i,9U0,000 to cortiplete the l.nfrastructure requiremenl•s an d at least one-half of that, or morer is for the straightening out of the Katella overpass, crFUting a new Pacifico overpass and increase and improve the Ora ngewaod access; and how much hie cl.ient would benefit from those three improvements :s a substantiel question in face of the Stadium itself. He stated they are not reluctant to ~ay theic fair share and perhaps the technicality would be an agreement between the City and the developer that when these fee~~ are determined, they would be paid at that time with ful.] credit given E~c the off-site improvements they have dor.e. He ~tated they favor the Assessment DistricL~s because it has al.l earts of protections foc the property ownec and the City Co make sure evecything is done in a certain way in proportion t o the eize of the property. He atated lhey feel this $5.33 fee right now is far in excese wi~en coneidering the pcoject in connection with all properties. He stated when t:hey say t;hat their Fropecty has an effect of 148 of traPfic, th at is only 148 of khe six pcojects inc].ud~d, and considering the total eq~ace footage that wil.l. be avai].able as a result oE the study their petcentage ~ould dcop to 28. He suggested an agreement approach so the developer. could agree to pay their fair share, and stated they wo~l.d like the abil.ity to participate in the determination of those fees. E~e st~ted they think the Aasessment Dietrict ie the answer and providee the mechanism for the City to create the meGhanics where the~~ ~;uuld become a lien agafnst the pcoperty. 9/4/85 MINUTNS. ANAHEIM CiTY ~LANNI~lc;~CQMMISSZUN, SEPTEMBEk 4. ].995 85-472 Mr. Slaught~r etar.ed Commisaionec Fry expreseed A distacte for thia Eee, but com~~ared to some other altesnativpe being explored, even ~he devet.o~er might find them prefetuble, including a moratorium on all conetruction in the area until this is clete nnined. c:ummiseioner Nerbst. etated .-t appez~~fi the minim~m reyulrements in that area toc any ~uture development for inF.rastructures is $42,000,000. He etated the develuper wants to buil.d a new building, but has no pl~~ce to put the sewers and not r.nougt~ water, etc. Fle 4tated the capacity has been reached in that areA and L•he only allernative is Lo c~ntinue c~nsideration of this project tor a lony time until ~he infcastrucl•ur.e i~sue hAS been resolved becauee he did nut fpel. ti~e burden should be placed ~n c:he tr~xpayers. He statecf this h~ppened in trvirie and in Los Ange.tes where the inEra~tructure had been designed for industrial uses and then t.tiose uaes were chnnged to hiqh-C~6E oFfice buili~inr~a. Hc~ Htated t.he ~42,UUU,UUU does not take into conaidecation the right-oE-way coats, t~tc. and r_he coet for Alternative No. 1 is e3timated dt $6.42 p~r sqi~are toot and the $5.33 is the esCi.mate for Alternati.ve No. 4 and it the ~ieve.loper wants ta continue the p[o~ect wit.hout. a Iang delay since thece is no ordinance in effect, he would want to see a commitment for ttie $b.A2 as a maximum to be agcced to and when an ordinance becomes Frff2ctive, if the fee is lower, they woul~d be given a credi't. Fte stated this devel.~per woul.tl not be required tc~ pay any morF~ than anyone else, but the proiect just haE~pens to be the firet one ~roposed. Efe elaked the Commission needs some figures to approve thic today, but in the long run this developer witl be tr~eated just like everyone el.t~e, and ii the Eigure is too high they wil.l be given a tefund. Mr. Earano etated it is difficu)t to disagree with what the Commission has eaid and that they do n,•F •~ant the Commissi~n to khink they are not wi]_]ing to pay their fair share; an •_iiey cecognize the difficulties and that the devel.oper is willing to f~ay for the off-site improvements required for this prujecC and anything over and above that is hypothetical; thAt they know the irt:provemenrs are needed and they are will.ing to pay for those improvements that are neceseary anh to pay their fair share of the Assessment District; and the City has the poMer to decide wh:ch appcoach to use and when it is going to be done; that until such time thar an Assessment District is created or another means of ccl~-••~.ing the fees is determined, they should be ab].e to proceed based on tp: ~~••iitians as they exist without the $5.33 square foot fee. He etated al ~, ~nfrastructure will not be needed at one time and they feel. it is difficult ~o h~ive 2-1/2 mil].ion dol.lars floating around. He stated they cannot delay their pruject. He stated they are asking `he Commi~eion and the City to consider an approach where these .. ,rges would be hel.d off until they are more realietic and art~ something mc~~ than ar~ educated guega. Commissioner Herbst stated the Commission is going to ask the City Council. for a joint work seseion to discusu this issue becauae Cour~cil hae the '~~we[ te s~end the money and adu~t an ordinance, an~ the Commission can on~, make recommendatione. He stated maybe this Assessment District will. nevEt take pl.ace and the Council may have some other ideas and khat is what t•he Commission need~ to know before votiny on this groject. Mr. Farano stated he woul.d like for the Commission nat to continu~ chis matter because their commitment~ are such that they are in problems witt~ delays right 9/4/85 MINU7'ES~ ANANEtM CITY PLANNING COMliLSSiUN, S~PTEMBER 4, 1985 85-,~473 now and they need to flnd ouk whether or not they have a project. ~ommissioner Horbat stated the peCitioner ~an either agree ro a 56,42 pec equare Eoot fee as a maximum whicY~ wil.l. be held until an Aaseoement pisCrict is cret+ted oc an o[dinanc:e ie adopCed, ar have a cc~ntinuance. Mr. Farano etated thex would like to haue d deciaion on thi3 matt~r. Ne stated he woul.d not want to make a stipulation to that fee t~nd woul.d like ~ deci~rian from the Commission for eithec ~ppraval. or cieniAl e~ they can f.ind out if they are goiny to have a~c~lect with the City Council. Ne stated thay cannot afford A continuance At this time. Cummissiuner La c:1.r~ire statsd this City ie at a point whece they ht~ve to fltc~rt. maki.ny a decieion because this is the biggest project th~y have seen in th~t area Eor a lony time and know that more wil.l be roming in and that nokhing can be done withoul the infrastructure6. Stie Rtated the F:IR ia supp~se4to addreas the cumul~ti.ve etter,ts ot the ~~ruject dncl Ghis re~ort dor_c that very we11, and ehe tel.t it is fairly accurate. She added the petitioner is suggesting ttie Commiasinn exem~t this developer fcom theae fees, and then evecy develo~er from this point on will be charged. 5he steted, ho~~eful.l.y, the Commission will be re~eeting r~ith the City Coun~il and they wi11 be tryinq ta se a fEe to E~ay for these impcovemen~s. She Eel.t an A~aesement Uistcict is very unreal.isl:ic and the City will. have to come up with a lok oE ttie money somewhete down the coad and the developers al.so wil.l have to come up with some of the money, anci that every other City has been asking foc the same thing. She added the unly faic way to deal. with this would be to require ttie $G.42 square foot fee rathec than the ~5.33 Lee, anci then, iE indeed the prices of Ghese im~~rovea~ents go down, the developer w~].1 be cefunded the difference. She added she thouyt~t ttiere prob~bly would not be any ]e.ft over and the coat of the development~ would be even hiyher than the $G.42 and the devetopere maybe able to loak back at ~his and sAy it was a'bargain" at $6.42. She stated projects h4ve already been Apptoved and there is a cumulative effec~ and there ie a pcoblem now and she dicl not think it is fair to allow this developer to yu in and then charge the rest of the developera for the improvements. She stated the Commission is not asking this developec to pay all Che costs, but Eor everyone to pay their fair st~are. She stat : the other al.t.ernative is to deny the project and l.et the developer develop under the cequirements of the ML Zone. Malcolm Slaughter stated while i.t apPears the Pl.anning Commission may not have the authority to continue the mattec when the hearing has been ctosed, the Cade does pr~vide that tt~e Commisaion, within 40 daya Af the hearing, shal.l produce its determination, so there is nothing to compel the Commission, under the Code, t~ make a decision today, if it is not their wish to do so. Chairwomsn La Cl.aire stated the Commissio~ wil.l kn~w more after the meeting with the City Councils that her greatest concern is for the taxpayers and to get the best for the City of Anah~im. She stated ehe cannot just grant this request because ~c would be detrimental. to the development in the area and not fair t~ the rest of the propecty owners whu develop there. Floyd Farano stated with all due respect to the Planning ~ommiasion, they woul.d very much like to have a determination with the Commiseion approvinq or denyinq their request with the ~5.33 requirement, because they would like to move farward with their project because the delays in time being involved in khe A5A study will. 5e fatal to their project. 9/4/85 MINUTES ~ANAHEIM CiTY P~ANNING COMMISSiON~ SEPTEMBER 4~ 1.985 85-474 Chairwn~nan LA Cleice d8k@d 1E the cecl.ase~Eiaation to CL An~ the CUP are gcanted E~r thi~ particular plan, cauld t.hose devel.opere ~ecide ~ater not ~~ use Chis plAn and construct n commercial oEEice building in conformance with Code. Malco~m slaughter R.ted if the property io rezoned ta commercial OF~1C8~ the petit~oner may. under ~reeent ordinancee, appl.y for buil.ding permits and then have them iseued a~ a ministecial act and buil.d any project t.hat would conform ta the zone, Commic~foncc Herbst stated the ~ekitian~r has r~c~uestcd a~proval or den~al And px~lained he does not like to h~ve tfiat kind oE preseute put on him to make the decision and iE khe petitioner war,t.a to sign an agreement wi.th the City f~r the ~6,42 f~e ao a maximum, he wot,l.d go aa.ong with the request, but without thae agreement, he w~ul.d ofEer a mation far a continuance for 40 days to wait and see what the c:ity Caunci.l. has to a~y. Mr. Farano stated he could not mztke ~uch a,tipulati4n. He at~ted he wantpd tn .~~otog~ze ro the CommiAai~n Ebr askiny the question, but r.he Laet deluy was costly and it would b~ even moce costly f•or a 40-dr~y del.ay. Com~issioner Herbst stated he wauld c~ffer a niotion for a cuntinuance for t~ie 4U days,or until atter. the Planning Commission meets with the City Council to detecmine what they ar.e going to do about creatiny an As~easment District, etc. Commissionec Messe ~econded Commisr,ioner Herbst's motion for a c~ntinuance. Mr. Far.ano cespondad ~~ Conrmiseioner Bouae' question whether they woul.d agree with Canditlon No. ~5~ that Cammissioner Herbat wanted him to gtipulate to that condition and he coi~ld not do that and it wou19 be their intent to appeal the matter ditectly to the City Cauncil for a heariny as soon as possible. it was noted the first phase is under construction and they would be starting construction or; Phase 2 lm:nediately. Ma~col.m S~aughter etated in response to Mr. Facano's question about an appeal, that the PlAnni~ng Commisaion has 40 day~ in which to m~ke a decision and mAintai~s juris~iiction ot th~ matter until then, and if they don't act on the matter with~.n the ~U days, the matter is automatically referred to City Council without action o: reconunendation from further pcocedure. Chairwoman La Cl.afce stated she wiehed the Commiesion had the answers now because she did not want to hold any devel.oper ups howevec, she ~ould like to know what diEEerence it makes if the petitioner etipulates to the agre~rr~ent because he could appeal that decision later on anyway. Cammissioner Herbst stated he realizea this project will have a dcaatic impact on Chat area and the City does not have th~ infrasctructure to handle the whole project. He stated there will have to be a moratorium out there or the developer will have to partici~ate to help with the improvements. H~~. stated it is not up ko the City of Anaheim and the taxpayers to commit to ;'r42,000,000 to take care of private enterprise, but it the developer wante to change the xone in that area tu allow these high-rise structures and he real.izes that is what deve].opece want, but someQne hae to pay for the intxastructute besides the taxpayers. F!e stated if the devel.oper does not want to agree with the alternatives, he would want to gee what khe City Council wante to do. 9/4/85 MINUTES. AtIAHEIM CiTY PLANNING COMMiSSION. S~PTEMBER 4, 1965 85-475 Commiesionoc Fry etated the conditio~ ie inc.l.uded and whether ar not khe petitioner gti~u~ates or aycees t~ it, hae na bearing on the situation end hP thoughc the developer ie Juc t~n anewer And he woul.d not vflte for a continuance. ~ommissionec Bauae AgrePd. Chairwomen La Claire suggeated approving the ~r~j~ct with the conditions imposed of what the Commleaion wantf and indicated dhe was concerned about the Lact they could go ~+heAd and build 1E the reciasaiticar,ion ia granted. C~mmisaionec Messe atated the Commissio~~ doea not have to w~it the 4Q daye to make a dc~cisi.on and could mrake n decision aEtc~r meet.ing with the City ~ouncil. Annika Santalahti stated ehe bel.ievey the City Council wil.l. want to be given 3 or 4 al.tern~tive days fot ~~oint mee~ing and she thought a meeting could be echedul.ed within ~he nert 2 weeks. Chairwoman La Claire stated, hopefull.y, the Commiesion will meet with the City Council and there are eevezal al.ternativee to discues and the determination will either be for an Assfssment Districk or a fee sch~dul.e or a combin~tion of acvcral thinge, but eventually the devel.o~er wi]1 have to ~ay his fAir share. Commiesioner tlerbsl- aeked about the 22-day appeal period. Mal.colm St.aughter stated onc~ thE jurisdicti~n of the Fl.anning Commission hae expired because they have either made a deciei~n or 40 days has pas~ed without a decision, the developer has a 22-day appeal. period, but ttiey need not weit that long and coul.d appeal it the fol~owing day. Commiesi~ner Herbst staked the C~~uncil likes to have input from Che Planning Commisaion. Mr. Slaughter etated once dn a~peal. is tiled, it takes 2 to 3 weeks for the City Clerk tn Bchedule and advertise the public heacing. Commissio-tivr Herbst stated if the Commission coulc] meet with the City Council. next week in an emecyency sesaion And then get some inp~t from them to see what they would actuall.y do, the Commission coul.d vote on thie mAtter at the follo~ing meeting. He asked for a vote on his motion to pastpone the matter witil the Commission meets with the Cily Co~ncil.. Malcol.m Slaughter suggested a continuar~e to the next meeting and then if the Commission does not want to make a d~~~~ision at that mQe*_ing, they coul.d continue it to tf,e fol.lowing meeting; however, they could onl.y contir.~e :t up to bU days. ACTION: Commissioner Herbst restated his motion, aeconded by Commissioner Messe and MOTION FAILED TU CARY,Y with a tle vote (Commissioners Bouae, Fry and Mct~urney voting no, and Corr~miesioners Eler.bat, La Claire an~ Messe voting yes with Commiesi~ner Lawicki abaent) that consideration of the aEorementioned matter be continued to the regularly-echeduled meeting of Septem~ier 16, 1985. MalcoJ.tn Sl.aughter stal-ed it appeara the Pl.anning Cotnmission would still have 40 days in which to act an this matter and if at the encl of the AO days there was no vote, the mattcr would automatical.ly go to the City Council. He explained that the tie vate is moot. Chairwoman La Claire stated when there is a tie vote, usual~y *_he matter is continued to the next meeti.ng for the tie breaker. Floyd Farano stated this is not a vote on the merits oE the project, but simply a vote on a continuance. Malcolm Sl.ae;hter stated if the Commission wiehes to act on the matter today they can, but ti~ey need not, if they do not wieh to. 9/4/85 MINUT~^ NAHBIM CI'PY PLANNZNG CGMMISSiON. SEPTEM9ER 4, 1985 85-476 ACTIUN: Commissioner Ery offEC~d $ motion, seconded by Commiaeioner McBurney and MUTLON ~AkRiEA (Cammise~onhr Gawicki absent, Commisalonec Herbst voting no and Commissione~ La Claire abatAining) that ~he Anatieim Gity Pl.anning Commiaeion after ~onst.decing Environment.al. impaet Repoct No. 268 for the proposed comrt~etcial compl.ex located at the northwest corner of atate Col.l.ege Boulevara and Urangewuod Avenue afte~ reviewing the ~vidence buth written and ortfl Co supplement the Draft BIR, does hereby find that DraEt EtR No. 268 is in uom~l.iancc with the Ca).fE~rniA F:nviconmen~al. Qual.ity Act and with Che City and State CE(~A guidelineaJ and the fol.lowing environmental impacte have bcen tden~il~ed in aa3uc:iaCion with ~hr. projects: (a) r.hpre will be temporary inconvenience to sucroundiny proE~erties as a tesult o~ noise, dust and txucka duriny conctruction, (b) tt~e project wil.l. ca~iKC~ an incremenkal increase in tca~fi~, air pol.l.ution and nnise level.cs, tc) the proje~~ will. fncrease the demand f~r t.ow And moderate income housing wh~ch is already in very short eupply t.hroughout the County and (d) the project wil.l conCcibute to the need to expand and improve the infrastructure!eArvice capacities in the Anat~eim Stadium Study; and that the Foll.owing mitigation measures wil.l be employed to reduce these environmental. impacts: (l.) cumE~liance with City Codes, canditione, policies and proced~rea, and l2) khe project appllcAnt wil.l be xequired to equitably participate in the financing of infrastcucture/service impravements identified in the Anaheim Stadium Area Study; and, thereforee the Anaheim City Planniny Comm~.sslon certifiea EIR No. 268 androaBPto~tConditional. following 5tatemei~t c~f Uverridi~g Gonsideraciona: "xhe app Use Petmit No. 2713 for the p[oposed construction of a commcrcial complea on the northwest corner of State Col.l.ege Boulevard and Orangewood Avenue could ceault in the siyni£icant environm~ntal zmp~cts which have been identified above. However, the project will bring Economic benefits to the City by providiny employment fuc residents of Anaheim and the surrounding area. in addi[ion, the project is in conformance with the City's objectivE of develapiny a majoc commercial center in the vicinity of Anaheim Stadium.' Conunissioner Herbst etated his negakive vote reflec:ts hia feeling that the Envir~nmental impact Repart does not take into concideration the necescary infrastructuce that will be necessary to the area. Chairwoman La Cl.aire stated there is a question about the BZR regacding the mitigation measures of ~ the cumulative effect on the infcastcucture/service capacities and the only mitigatiny measure is to fina out how much it is going t~ cosc. Mr. Farano stated the only thing the applicant had ~o do with the Envi[onmental Impact Report was to pay for it and the staff told the consultant the scope of work, and as far as they are concerned they do not think they should be penalized and they feel the report should have desccibed the individua.l impact this project would havP on the area more than it did. They stated they Eeel the Environmental impact Report is the City's wock. Chairwoman La Claire ~tated ehe could change her vote to a positive vote based on the statement conta.ined on Page ].2 of th~~ EiR. Commissioner Fry offerEd a resolution gr~nting approval. of Reclaseification No. 65-86-2 subject to interdepartmental Com~mittee recommendations. Commissioner Herbst etated approval of the reclaseiffcation would be to CO Zoning and thot would create a new zone with specific atipulations of what can 9/9/85 MINUTES~ AN~HEIM CITY PLANNiNG COMMiSSiON S~PTF.MBER 4 1.985 85-477 be truilt there and there ie a poseibility oF it being surraunded with another xone which woul.d change the use to commercial with ii~duettial. loGated around it, And SU+i of the land aur[~unding that area wil.l etill. be industcial and he did not be].ieve a praperty vhoul.d k~e 'spot zoned" until eome oF the probl.ema ace worked out. Commiasioner Commiseioner Bouae stated the area ia already "spot zoned". He:'bet etb`ed thi is the ~r.ea around L•he :tadium ~nd the Commisaion is being f.occed intv making a decieion tht+t coul.d b~~ wrong and he wo~ld like to del.ay this action until. the ~ortuni~slon can diacus~~ it with the City C:ouncilt and that the Council likes to have the Commiasion, ae plannFre, give thei[ recommendations. Commiseioner Fry stated this cecommendation shou~.d bs forwarded on to the City Council s~ they can have thP infarmation the.y need eo they can make the proper conclueions. He atated he ~id not loc,k at this as trup `spoz zoning' since all of the north eide of Oranyewo~d is being used for everything el.se. Commisslonec Nerbst stated the C~mmisc~ion is not ta].king abaut coming in with a General Pl.an Amendment, but is talking about specific pl.ans and what can be developed in that area. He stated if the zone ic changed, ~ specific plan can be changed tomorrow. Malcolm Sl.aughter stated the conditionF of the staff re~ort d~ not tie the u~e of the property undec the CO Zoning to thefie specific plans andbU~etheis some lega7, question as to whether or not that coul.d be done AnywAY- conditional. ~se pecmit ie tied to specific plans, but there i.s nothiroved compel the developer, or anyone else, to exercise the ciyhts, as ~pp unde[ the cnnditional uae permit. Commiesionec Fcy aaked if this is approved and the pl.ans are changed, if they woul.d still have to comply With what is approved here pettaining to parking spaces, landscaped setback, st~uctuts height, ~tc. Mal.colm Sl.aughter stated iE they pLOCeed under the terms ~f CO zoning~ they wou?d have to comply with the cequiremente of that zone. Commissioner Bouas aeked if they woul.d still. have to agree to the Assessment vietrict, and ir was nated that they could take out building permits, if the reclaseification is granted, and they would not have to appear before the Planniny Commission again unless there was a var.iance tequireu, but that they woul.d be relieved of any financial. obligati~ns in the area. Chairwoman La Cl.aice stated ehe does not want to hold anyone up, bn~ felt this could be postponed for just a coupl.e of weeks in order foc Commissicn to talk to City Council to find ouk what procedures chey are discussing and she did not underetand wh,y it has to he pushed through when it must have been going on for quite a long period of time nnyway, and she did not think it should make any dif£erence and she would vote againet the reclassification. Commiseioner Fry stated he would withdraw his resolution for approval of the rec~assification based on what the City At~`.orney has said and what could happen and obviously the EIR will stand cerLified, but no other cesolutione wauld be made. 9/4/8S MINUTES, ANAHEIM CLTY PLANNING CUMMISSION. SEPTEMB~R 4. 1985 _ 85-478 Malca~m S~a~i~ht~r 8tdt@~ it hAS been recommPnded to staff that an interlm fee ordinance ehould be adopted ae soon ae poseib~e in order to eatab].ieh an interim fee which wou~d app~y to a11 pro3pcte ae a c~ndition of buil.ding permitsj so that the scenario diecuesed aboae coul.d not happen, whereby, they could exetcise thelr rights under tt~e 2oning ordinances. Chairwoman ~a ~laire affered a motion for a two-week continuance to the meekiny of September 16, 1985, in oCdec Eo[ the Planning Commission to meet with Citr Councit in an emergenr.y work seesion to diecuse the issue. Commiseion~:~c Messe seconded the motion and MUTiON CARRIEU (Commiseionec Ldwick.i abEent.) for c~neideration of the aforementioned matter to be continued to t'~e regularly-achedul.ed meeting oE Septemher 1.6, 1985. Fit;CE~3E;D: 2:55 p.m. T+t.r.ONVt:NGI~: 3: ].U p.m. ITk~M NU. 4 ELF2 N0. 259 s,PREVIUUSLY CERTiFiBD) AND RECLASS:FICATION NU. 85-86-3 PUE~LiC HEARING. OWNERSt D& D DEVELOPMENT, l.]008 Nocwalk Boulevard, Santa Fe Spcinge, CA 90670, ATTN: CAMZLLE COURTNk:Y. Property desccibed afi an icregularly-shaped parcel of .land consieting o[ approximatel.y 7.5 acres, having a fcontage of appcoximatel.y 513 feet on the south eide of Lincoln Avenue, approximatel.y 1,340 feet east of the centerline of Rio Vieta Street. R5-A-43,000 to RM-3UUU or a less intense zo~e t~ construck a 99-unit condominium subdivisione Continued from the meeting af August ly, 1985. Kendra Morries, Assistant Planner, noted the p~titioner has cequested a continuance. ACTION: Commissioner Mc6urney o~fered a motion, seconded by Commiesioner Bouas and MOTION CARRIED (Commissioner La,~icki absent) that consideratic~n of the aforementioned matter be continued to the regularl.y-scheduled meeting of ~ September 1.6, 7.985, at the request of the petitioner. ITEM N0. 5~IR NEGATiVE DECLARATION_AND CONDiTi_ANAL USE PERMix N0. 2708 PUE3LIC Hk;ARING. OWNERS: SCE~NIC CORRIDOR INDUSTRiAL PARK, 2900 "A' Briskol. Street, f20?, Costa Mesa, CA 92626. AGENT: GEORGE NANC;E, 5612 E. La Pa].ma A•:enue, Anaheim, CA 9Z8U7. Yroperty described as a rectangularly-shaped parcel of land consistiny of approximately 8.8 acrES, 5612 and 5620 Eaet La Palm~ Avenue. To retain an autom~bile cestoratxon and repaic facility and an automobile and jet boat cepair facilitv. Thece was no or-e indicati~g their presence in opposition to subject cequest and although the etaff repoct was not read, it is referred to and made a part of the minutes. Kevin Sadakane and George lvance, a9ents, wete pr~sent to answet any questions. 9!4/85 r r MINUTBS ANAH~IM CI'PY PLANNING CUMMISSiON 5EPTEHSER 4 1985 85-479 TH~ ~UBLIC Hk~ARING WAS CLOSED. Kendra ptorries, AssiRtsnt Planner, stated neither of th~ae buain~sses has been cited by Code ~nEorceme~nt for violntione attd the okher huainegaee in thie ].ocation which do not hAVe buaineoe ].icenaea or conditipnal use permlte will be contact~d individual.ly for f.ollow-up. Chairwoman L~- Claire clarified that all. work an~3 all storage will be done insidP fhe fAcil.ity. Mr. Nance atated he has a fenced-in acea where the vehicl.ee wi].•t bE kept for protection and he keepa all hig cuatotner~3'vehicl.ea inaide and that his flammable mateci~le ace stored in a ehed outside. Mr. Sadakane stated all wock will be done inaide his facil.itiee and no vehicles will be stored outside. Responding t~ Commissioner Messe, KendrA Morries etated if onr_ oL Chese businesses wa8 sold, the conditiunal use p~rmit woul.~3 remain in effect and the new business owner woul.d be expected t:o comP~-Y with the conditionR ur seek a new conditional use pecmit. She staCed this ie the lask time etaf.f wil~. be procesaing more than one busineas on thE eame conditional use permit. ACTION: Commiaeioner Herbst uffered a motion, seconded by Commissioner McBurney and MOTION CARRIEO (Cummissionec Lawicki absent) that the Anc+heim City Planning Cammi~sior. ?~as reviewed tt-e proposal to cetain ars automobile re~storation and repair facility and an automobile and jet boat repair facility located on a reclangularly-shaped parcel o~ land consistinq of. approximately 8.8 acres having a frontage of. approximately 515 feet on the south side of La Palma Avenue and f.utther described as 561.2 and 5620 EasL• La Palma Avenue; and does hereby appcove the Negative Declaration upon findinq ~hat it has coneidered the Neyative peclaration together with any cammente Keceived during the public review process and further finding on the basis of the initial Study and any comments ceceived that there is no substantial evidence that the project will h~ve a 3ignificant effect on the environment. Commissionec Herbst offered Resol.ution N~. PC85-201 and moved :or its passage and adoption that the Anaheim City ?lanning Commigsion does hereby grant Conditional Use Permit No. 2708 pursuant to Anaheim Municipa.l Code Sections 18.03.U30.030 through 18.03.U30.035 and subject to tnterdepartmental Committee cecommendatior.s. Un roll call, the foregoing resolution wae passed by the following vote: AYES: BOUAS~ FRY~ HERBST~ LA CLAIRE~ MC BURNEYr MESSE NOES: NONE A6SENT: LAWICKI Commissioner Herbst explained this ib a conditional use permit and violation~ of the conditian~ could result in a heatinq to revoke the permit. Mal.colm Slaughter, Deputy City Attocney, presented the wrftten right to appeal the Planning Commiss:on's decision within 22 days to the City Council. 9/4/85 MLNUTES ANAHF.IM CITY PLANNING COMMTSSION SEPTEMBER 4 1985 85-480 ITEM _NU_.__6_ Ei~ N~GATIVE DECLARATIOt1 AND CONDITiUNAG USE PBRMIT N0~27]•4 PUBI~IC f~EARtNG. OWN£RS: PRiSCILO PANGANiBAN ANll PILAR C. PANGAIJiBAN~ 604 N. Magnnlia Avenue, Anaheim, CA 92801.. ACBNT: DAI,TON JAM~S, 5279 Cherry Avenue, I.ong Eieach, CA 90bU5. Pcopet~y dc~9cribed ao a cectAngu].arly-at~aped parcel. of land coneistiny of app~~ximate.ly G,OOA square feet~ 004 North Magnol.ia Avenue. To expa~d a board and caca f~^ility tor ~ mexiuwm oC 12 devclopmental.).y dieabl.ed pe~eons and construct r aecond story addition to e aingle-family ,~wel.ling. There were three pecsons indicating their preeence in opp~~sition to subject cequest and al.thuugh the cta~f report wae not read, it is refer:ed to and made a part at the minutes. Dalton Jamea, ayent, exp~.ained the existing hnuse is 1300 square feet nnd there are 10 board and cace c.liente at the present time, and the addition is Eo[ 895 squace feet and the owner will be residing in the uF~tairo poction of the house with two ~~dditional cl.ients moving into the owner's present quacters downetaice. Helen Lucian, 828 N. Magnolia, Anaheim, atated she has l.ived at this addrese fo[ approximately 3U years and has appeared before the Planning Commission in the past to preve~t a gae etation ac:r~ss thF etreet and a real estate office next doorJ and that seve[al neighboro have put several. thousand ~loll.ara into impcoving their property and ehe intends ta impcove hec property, and if this is ap~toved it would eet a precedent for this type business in the area, and there could be all. types of busine~e ccming into the area and this woul.d no longer be a nice neighborhood. she stated she does not believe thic property is large enough for th~at mariy people. Mr. James stated t:~ere will. be na increase in traffic a~d stated that the state of Califurnia war.ts these Lype Eacilities to be in sing].e-family residential communitiec. He atated this wi.].1 be an 8-bedroom ho~se with a baths und this will incr~ase the value in Lhe neighborhood. THE PUBLIC HEAitING WA5 CLOSED. Res~onding to Commissioner F;erbst, Mr. James etated they have been in thiR business since 1978. Kendra Morries expl.ained Condational Use Permit No. 1506 was appcoved in 1974 for 4 te~ants and 1 mariaqer and anothec permit for ]0 cliente wae appcoved in 198U. She responded to Commiesioner Herbst that there have been no complainte fi.led wit.h Code Enfoccemant. Chairwoman La Cl.aire pointed out apparently the neighbors did r.ot even know this board and care home was there with the 10 cl.ient~, and fel.t there would be no probleme. C~mmissioner Bouas scated ehe did not think the concerne that thie will a£fect the neighborhood are valid bec:.;~•be the neighbors have been improving their properties and there have been !:s probl.ems Lrom the exiating business. 9/4/85 ~ , MINUT~5. ANAHEIM CITY PLANNING COMMiSS10N. SEPTF.MBER_4,_1985 05-481 kespvnding to Mv. LuciAn, ~'hai.rwom~n La Claire explbined there heve bo~n 10 peupl.e in Ghek homa since :~80. Ke:ndro Mocriea explained in 1980 when thP approv-- t was granted to increeac~ the numbec to ].U, there were two persons indico~.ny concern a.t the heacing, buC aftec ceviQwiny the plane, indicated they hAd no oppoeitian. THE PUBGIC HEARiNG WAS RR(1PENEU. Roaa Eeccari, 716 N. Magnolifl, ktated she has tiv~d th~re for 26 years, 4 doore fcom ~ubj~ct property, and explained the ceque~t doee not bother her, t~ut she was concerned there would be moce confueion on Magn~l.ia. Sl~e r~tated the existing bueiness hae not been c- pcoblen. THE PUI3LLC HEARING WAS CLOSED. keaponding to Commiesioner Hecbst, Mr. James explained this expansion wi:l. coet apYcoximately ~65,000. ACTION: Commi~~i~ner McBurnry offered motion, aeconded by Conmiestoner ~3ouas and MOT.iOh CARRII:U (Cor~miseiuner. Lawicki absent) that the AnAheim City Planning Commisaion hae reviewed the propoeal. to expand a baacd and care facility for A maximum of 12 developm~nt~l.ly disdbled persons and to cor,Rtruct a second-story addition in the RS-7200 (Singl.e-Family) Zone on a rectangularly-~haped pArcel of lan.~ coneietiny of appcoximately 6,004 square feet, having a frontage af appcoximately 60 feet on the Aast ei.de oE Maynolia Avenue and f.ucther deseribed as 8U4 tr'orth Magnolia Avpr,uej and daeo heceby ~pprove the Negative Declacation upun find. g that iC has considered the Negative Declaration together with any commente received ducing the public review process and further finding on the baeis of the initial Study and any comments ceceived that there is no eubatantial. evidence that the praject wil.t have a signiticant effect on the enviconment. Commissioner McBurney offered F~e~olution No. ~C85-202 and moved for its pasRage and adoption that the An~heim City Planning Commission does hereby grant Gonditional Use Pecmit No. 27~4 pursuant to Anaheim Municipal Code Sections 18.03.030.030 L•hrough 18.03.030.035 and subject to Interdepartmental. Committee secommenclations. Ur. roll call., the foregoing r~.solution was passed by ~he following vote: AYES: BOUAS~ FRY, HERBoT, LA CLAIRE~ MC SURNEY, MESSE NOES: NONE ABSENT: LAWiCKI Chairwoman La Claire explained by State law, they are all~wed to have 5 persons without a conditional use ~ermit. Mal.colm Slaughter, Deputy City Attorney, presented the written right to appeal the Planning Commigeion'R decision within 22 days to the City Council. 9/4/85 MiNUTES. ANAHEIM CiTY PLANNZNG COMMIS5LON, 5EPTEMBER 4,__19~5 _ 85-462 tTEM NG. 7 EI_R_NEGATIVE QECLARATION AND CONQtTIONAL USE PBRMt~ N0. 2715 PUBLTC H~ARZN~. UWNERS: ANAHEIM NILLS D~VELUPMENT CORP., 70 South L~ke Avenue, t75U, P~eadena, ~A 91101. AGF.NT: CLIFFURU A FUKK~RT, 2231.1 Brookhurat 5treet, "i", Hu~tington ~each, CA 92646. Propcrty described as ~n irreyularly~8lldpRd pACCeJ. OE land consieCing af approximately 1.1.6 acres, 7295 East Col.umbue nrive. To permi an unm~~nned puhtic ~itility remu.e awitching atatlon for Yacific ~et.l. There wAO one peroon indicating hie presence in oppoeition to subject request and ~lthouyh the BtAEE r.epoct wae noL cead, it .is referred to and made a pArt oE the minut~s. ~ Ken Ryan, Phillipa, brundt, Reddi~lq, conaultant, ex~l~ined the slructure wil.l. appeAr as a single-fatnily r~eidence compArable to the other homes on Col.umbus Urive ~nd wil.l be constructed of [ire resisrant matecial. and there will. be landscaping to blend in with tt~e neighparhood. fie atated the barrier at khe end of Columbu~ Drive wil.l. be remov~d and the cul-de-sac wil.l be completed. Eric Vermeecen, 7291 Coluinbus Urive, Anaheim, atated his propert,y is Ior.ated next• door and he wae given th~s informati~n pertaining to the project by Pacific Del]. and hie concerns would be with the 6-foot higl~ mascnry block wall. to be .located on 5er~ano because all. thp other Eences in th~ ~rea are wrought iron and he wou3.d like this fence to comply with theZr CC6Rs to be coneistent with ~he existing tences. Commissioner McBurney stated thia wil.l be an unmanned switching etation and that this ia whece the children wait for the school ~usee and a lot of rocks and debrie ace thece now and if Che fence is there, the chiluren cannot go into the area. Mr. Vermeeren skated they should also have some sort af aecurity eystem to all~viate the pcoblem. He responded to Chairwoman La Claire that the wal.l would also interfere with his view. He explalned t.here is a bl.ock wall bekween the properties on the side, but he haa wrought iron on top of the block w~l.l in his back yard. He cef~~rred to Condition No. 11 and stated he would ~ike to see a street ~ight at the end of the cul-d~-sac, and it was nated one is shown on the plan and would be required. Mr. Vermeeren stated they are having problems with 9-wheel drive vehicleo in the area and he would cecommend that a b~ock wal]. he instal.led a~ the end of the cul-de-sac to prevent the 4-wheel drive vehicles from coming throu~h. Mr. Ryan stated a compromise could be worked out and that Pacific Be11 would be happy to provide a block wall with wrought iron on top. THE ' ~sLIC HtiARING WAS CLOSED. Kesponding to Commissioner Mesge, Mr. Ryan et~ted they will have ~n internal. aecurity syetPm. Mr. Vermeecen stated his house hae been burglaci2ed end they entered thro~gh the empty lot and stated becanse thie wi.il be an unmanned facility, he would suggest a s~cucity syetem that wou~d detect body heat outeid~. 9/4/85 ~. ~~`~ MINUTBS, ANAHEIM CL'PY PLANNtNG COMMISSION, SCPTEMBBR 4. 1985 95-4 83, Chairwomr~n La Claire etakod it seeme if kh ere is en alArm system a~d the pcoperCy is fenced, ttiere would be no pcob tem. She stated the type secucity system that, ie heat reslstAnt would not kn ow the differenca hetweon e rabbit and a pereon and ahe fe'lt the internal. aecurity syetem wouici -,e adequate. 1(endra Morri~s atated Condition No. 4 cau 1 d be modified to read: "That a 6-foot high Lenc~ or wall. conAieting of 3 feet of aolid bl.ock wsl.l topped with 3 feet oi: wrought icon or eome other deco r ative-type fencing ehal.l be constructed and meintr~inpd along the west erly property l.ine adjacent to Secrano Avenuej and thRt a bond ii~ an amo u nt and form aeti.efactory to the City of Anal~eim shal.l be poeled prior to i$sua n ce of bu~tdin~ permits to gu~ranCee the inetal.lt~tior. of eaid wall. or fencQ•. Commissioner Herbst etated he would rathe r see the wrought iron poet.e go etraight into khe ground eo the kide cou.ld not cli.mb over them be~auae wil•h a 3-fUOt block wall at the bottom, tt~ey wou ld have a place to put their foot to cl.imb over the top. He stated 1t ie not unu~ut~l to have wrought iron fences in this area and furthec explai.ned it wil.l. be similar to what ia used around awimminy pools. Chairwoman I.a Cl.aire stated putting in a wrougt~t iron Eence would ~ake care oE the ~ei.ghboc's oppasition to the loss of view, r~nd also the lfght wfl.l be installed at the end of th~ cul-de-sac; h owever, the internal. aecurity syskem wi~l not be chanyed bea~~~s.~~ it ie i7ot feasibl.e to instal]. the heat resistanl systein. Mc. Vermeeren sugyested a security syste m that would incl.ude pressure Fads un the yround. Chairwoman L~a C.Laire stated she thouyhr protectio~ woul.d be provided with the lighting system and fe n cing, the ~ame as khe neighboca' property would be ae the other side if t h e nPiyhbors were gone. Commiseioner Mesae stated witti the structure Lhe neig h bor would have more protection, and it would certainly be sn improvement ove c what ia existing now. Mr. Vecmeecen stated hE felt khis provid es an nvenue of escape for a burglar and a place for them to watch and make p 1 ans. Commissianer Bouas stated Mr. Vermeeren could put in a security system with presaure ~~ade themselves oc whatever tvpe of alarm system he wants ora his sidF of the fence. Mr. Vermeeren stated he al.[~ady yas l.andecap i nq un hi.s side, and it was ncted the new etcucture will also have landscaping _ Cart:missioner Fr.y 3tated he did not think the p~essure pads are a practical request. ACTION: Commissianer McBurney offered a motion, seconded by Cort~missioner eouas and MUTIDN CARP.IEA (Commissioner Lawicki absent) that ~hP Anaheim City Planning Commission haa reviewed th~ proposal to permit an unmanned public utility remote swi*_ching station for Pac ific Bell on an irregul,arly-shuped parcel of land consisting of approximate7.y 1.16 acres, having a frontage of appcoximatel.y 60 feet on the nortti aide of the northerly terminus of Columbu~ Drive and futther described as 7295 Eas t Columbue Arive; and does hereby apprave the Negative Decl.aration upon f i nding that it has consldered the Negative Decl.ACation toyether with any c omments ceceived duting the publ.ic review process ant~ further finding on the basis of the Inil:ial Study and ar~y 9/4/85 MINUT651 ANAHE~M C I TY PLAKNING COMMISSION~ SEPTEMBER A, 1985 85-484 commQnts received ~t~aG thece ia no subetantlAl evi~~encP that the pro~ect wil.). h~ve a~ignificant aEkect on the environment:. Commiseionec McBurne~y offe[c~d Ftesal.ution 1~~. PC~5-203 and moved for ite paseaqe and adoption ttiet tt~e Anaheim City Pl.enninq Commission doea herebX grant Conditional t3se PermiG No. 271.5 puceuant to Anahei~m Municipnl. Code Seotione 1b.03.U3U .03U und 16.U3.030.u35 and subject to inl•erdepartmental Conuniktee recommen dations wi.~h A modification to Condition No. 4 to Nrcmll. wr~ught ir4n Eencing. On rol.l, call, the foreyoing reaulution wae pAesed by t.he £oll.owing vote; AXES: BOUAS, FR Y~ HERCiST~ LA CLAIRE~ MC BURNEY~ MESSE NOES: NUN~: ABSF.NT: LAWICKL Comrnissioner E'ry campl.imented Pacific He] ] foc their unique pl.ans for a stcucture that wil 1 blend in with the neighbnrt~ood. Malcol.m S1AUgl~tex, pepuCy ~ity Attorney, presented the wrikten right l•o eppeal. khe Planning Comrni asiun's dE~cision within 22 d~ys to the City Council. iTEM NU. 8 EIR N EGATiVE DGCLARATiON ANU CUNDI~'iONAL U5E PERMiT N0. 2717 PUEiLiC HEARING. UWNERS: ROBERT K. WALKER, JFi., FT AL, c/o GREAT WESTERN (2GAI, ESTA'i'E, 19U1 East Fourth Stceet, P.U. F~ox 15139, Santa Ana, CA 92705. ACENT: CARLSON DESIGN & C:ONS'fRUCT1~N CO., P.U. Box 819, Anaheim, CA ~2805, ATTN: PREU SHAUER. Pco perty described ae a rectangularly-shaped parcel. of land consiating of app roXimate.ly 0.76 acre, 100 South Magnolia Avenue. To permit a drive -through restaucant. There were four p~reons indicating their presence in opposition to subject request and although the staff report was not read, lt is ceferred to ~nd made a part of the minc~tes. Hob Merriam, Carl son Desiqns, was present to answer any queations. James Wilson, 13 4 S• Magnolia, expl.ained he lives in a eenior citizen complex 1/4 of a block aw ay frorn subject property, and that there are G4 units in ~heir complex; arid that the exik is immediately south of the veterinarian hospital and the pl.ans show the dtiveway for the pr.oposed cestaurant wil.l compl.etely block their exit onto Magnolia. He stated they have a difficult time yetting out now and thought the Traffic Fngineer should study that eituation. He ad ded theic complex with 64 units was not mentioned in the etaff repdrt. He read a report from the meeting of the Pines Homeowners Association held yestecday, regarding thP devel.opment of the area and the lack of notice mailed to their homeownere ahout those developments. He etated they feel they do not need another eating establiehment in this area. He etated they would reque st that khis proposal be denied on the basis of increased tcaffic and the 3ack of the n~eed for another restaurant, pointing out the:e is already another fast-food chicken reataurant in the neighborhood. 9/4/85 MINUT~S L ANANEIM CiTY PI.ANNING CUMMISSIUN, SB~TEMBER 4, 1985_ 85-485 Uecac Grebnec, 13~ S. Magnolia, etated ho ia an unofficial repcoaenCative ~f the homeowners aeaociar.ion of the Pines condominium~ An~ they had their annual. meeCing and all resolved to opp~se this tequest, so there are 64 homeownera oppased lo the rEquQ~t. fie aeked why they wQte not acknowledged in the staff report and atated they did feel slighted by the omission. tie stated their entrance and exit wi?1 be greutl.y affeeted by the increaaed trafEic. Ne Rtnr.Pd they tQe.l this use will advecsely efPect the adjoining land uaea and the growth and development in the area, and ~lso affect the peace, health, eufeCy and ganecaJ. wplf~re ot the a[P.A. Fie etated thece are 6 eating pl.acee t,n khe immediake area and they do not feel another one is needed. He ad~ed they are aleo conc:ernPd about the propoaed operating houre f.rom ]]:00 a.m. to 1.1:UU ~~.m. and the noiae it wlll cause at cloaing time. Ete stated there are two large apbrtment complexes going in right now with approximatel.y 2qU additiona.l peo~lc reaidin9 in ~his vicinlty. Kendra Mocries etated the etAfE repoct refere Lo eucrounding land uses of the properties immediatel.y adjacent to or adjotning subject property. She Also explained 56 notices of thie hearing were mai.led to property owners in the Pinea condominiurn project. Commissicnec Fry etated for the benefit o[ the occupants in the Ptne condominium g~roject that the Commiesion has a location plan in their stafE report which doea ahow theic condominium project, so the Commission is aware they are thece. Mr. Merriam stated the oppoaition referred to the reataurant as a drive-in where people wil.l conyregate, but khie wi11 be a drive-through restaurant and it ie exactly l.ike the one at Beach and Bal.l buil.t about 2 years ago. Ele stated currently there are 4 curb cuta at thie corner and 2 ace right on the corner, and they p~an onl.y 2 curb cute as tar ~way fr~m the cornec as possibl.e because it made rt~ore sense for theic develupment, and also because the Traffic Engineer wants it that way. !ie stated tney will average about 400 trip-ins Ner day and thought that was a lot lese than what was exfsting on the property witr~ the gas station. THE: pUBLiC HEARING WAS CLOSED. Mr. WiJ.son responded to Commissioner Fry that the driveway on Magnolia is ttieir onl.y exit onto Magno~ia. Commissioner k'ry asiced Paul Singer if ther~ is a right turn lane for north bound Magnolia ~ith Chairwoman La Claire stating it is two-way tcaffic currentl.y. Paul Singer stated there is probably enough room to provide a right• turn ].ane by cemoving parking. Mr• Singer stated he did not anticipate traffic causing a problem wit.h the exit driveway for the Pines condominium project because the drive-through a.ane pcovides for stacking o~ 8 vehicles. Mr. Merriam stated the gas station ie closed. ~ommiseioner Herbst etated this is the CL Zone snd this pcoposed restaurant is probably one of the lighteat uses that can go into tha*. propertX and it wil.l. be control.le~ through the conditione of the condxtional use permit. He stated there are mariy other type uses which could go on by right and not have to come 9/4/85 MINUT~S ANAHEIM CiTY PLANNiNG CUMMISSION~ S__Epm~MBER 4 1985 05-486 betore the Planning Commission with l.onger working houre nnd more treEfic, etc. HQ etated tha Commisuion hns the power to cevoke thR conditionAl use pvrmit if the conditione are not compligd wi~h or i.f the use ie a nuisance to the neighborhood. Chairwoman La Claire stated il this requested euch as gas etAtion~ with wine and with 24-hour operatinn. is not appcoved, other us~e cou7.d be m~ni-market~ with the sale oE bee[ and A~TIpN; Commieaioner Herbet ~ffe~~d a motion, yec~~n~1Hd by CommieRioner Bouas And MU'PtON CARRLED (Cammissi.onet Law~.cki absPnt) that the Anaheim City Planniny Commisafon has reviewed the propoaal. to permit a drive~Chrough cestaurant on a rectanqul.~cly-ehaped parcel ~f land coneisting of approximately 0.76 acces located at the 90llth@ABt cocner o£ Lincoln Avenue nnd Magnolfa Avenue and furthec described ae l.0(l S. Magnol.ia Avenuej and does hereby apProve khe Negative Declaration upon finding that it hAe considered the Negative Declaration tugether with any commente received ducing the public review p[ocess a~~thattthereiisino aubstantialAevidPncetth~tathetpaoject will. comments receive have a Bignif~cant effect on th~ environment. Commiasioner Herbet offeced Ftecolution No. PC85-204 and m~ved for it~An~8ga9e ~nd udoption that the Anaheirn City Planning Commission does hereby g Conditional Uoe Poumhr~g°03?(~30.0~58andteubjecthto tnterdepartmentaleCommittee 18.03.U30.030 tht g tecommendation~. Un toll call, the foregoing ~esnlution wae pasaed by the following vote: AYES: BOUAS~ FRY~ HERBST~ LA CLAIRB, MC RURNEY, MBuSE NUES: NONE ABSENT: LAWtCKI Malcolm Slaughter, Deputy City Attorney, presented th~ writte~Councilto appeal the Plannir~g Commission'8 decieion within 22 days to the City t~r. Merriam state~ this is a lar9eP~uate~etackingal~nerand ].andscaping andlity project with plenty of ~arking, ad.q tha~ they hope it wi~l be an asReL to the community. Y~gJ9 EtR NBGATIVE DECLARATION (PREV. APPROVED) AND CONDLTIONAL USE pERMIT N0, 1858 READVERTtSED) PUBLIC HEARING FOR EXTENSION OF TI~E. P~ONeC~y described a~TaMAN, 1401 N. Jetferson Streetr Anaheim, CA 928U p roximately 5.Q acres, rectangularly-shaped parcel of land r.onsisting of app 14U1 North Jefferson Street. ~-.~„ Requeet for appr~~val of a 5-year (2-year cetcoactive extension of time o= deletion af Condition Netain afcat~kpnnelnand•maintenanceeandistorage yatdifor extensions af time to r heavy equipment. 9/4/85 __. _. , . ..._.,,..r..<.~-.._., _ .. . _ . _ ~ ~{ ~ . ; . ~ MiNUTBS, ANAHEiM CiTY P1~ANNING COMMiSSIUN, SEPTEMBER 1, 19A5 85-487 _ --...._._._ Continucd from ttie meetings of July 22, and Ai~gust 19, 1985 There waa nn one indicating theic presence in opposition tn eubject roqueet and alkhough tt~a stdff ceport was not read, it ie referred to and mAde a~art oC th~ minutes. ~~rr. i~ Pittmfln, 14(11 N. Jefferson Str.ect, Annhcim, w~a3 precent t~ anawer ~~~y questione. THE PUBLiC HEARING WAS CLOSEU. Responding to Commissioner Herbet as to why the conditi.ons of the previous approval hae not been met, Kendra Florriee stated Condition No. .L required engineering requirements to be met including curb, gutkere, si~e~al.ke, etc. and hc~o not been complied with, and Chat lraeh skoc~ge areas h~ve not been provided, and fire hydrante have not been instat.l.~d, and the only condition complied w1.th was No. 4. Annika Sentalahti, Aseistant Uirector for 2oning, stated a number of the conditione were tied to issuance of buil.ding permite for new construction; howev~r, Condikion No. ]. required A bon~ to guarantee street improvetnen~s and ihpt hae never been posted. Mr. Pittman stated these were temporary facilities and it ia a com~lex probl.em because there are cwo oil wells on the pcoperty and the true use oE the pro~erty has not yet been determined, but he felt the time is coming when it- will be determined. tle stated he will post the bond. Kendra Mor.ries stated the drainage fee could be paid at ttis time and reviewed some oF th~ other conditions concerning the structurea meEting Building Code requirements, etc., noting inopectione have cevealed il.legal. impr~vemente. Commisci.oner Herbet suggested an extension for 90 days allowing the petitioner to meet with staff to resolve rhese isaues and to determine which conditione can be met now and which ones can be de2eted. Malcolm Slaughter, Deputy City Attorney, stated technical.ly, the hearing should be continued for 90 days. Mr. ~ittman stated ma.ny of the conditions could not te met and one ia Condition No. 2,ypoanm,~out they have traeh pick-up five days a week. ACTION: Commissioner Herbst offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (Commissioner Lawicki absent) that consideration of the aforementioned matter be continued to the regularly-ectaeduled meeting of December 9, 1985, in order for the petitioner to work with st~ff pertaining to cnnditione. ITEM NO. 10 REPORTS AND RECOMMENDATIONS: 1~. AltENA ZONING CODE - Amendi.ng Various Subaections and Sections of Title 78 of the Anaheim Hunicipal Code Relating to Zoning. 9/4/85 ~ MINUTES. ANAHEiM CiTY PLANNING COMMiSStON~ SEPTFMBBR 4, 1985 85-487 Continued from Ch~e meetings of July 22, and August ].9, 1985 ThAre was no one indicating their presenc~ in opposition to subject cequeat and al.tt~ough Che staff report wae not read, it ig r.eferred to and mAde a pArt of the minutes. Uttis P~ttmanr 1401 N. Jefferson StteeC, Anahein-, was preeent ta ar~swer any gue~tiona. THE PUBLtC HEARiN~ WAS CLUSED. Responding Co Commisaionec Necbst ae to why the conditions oE the p[evious approval hae not been rnet, Kendra Morries steted Condition No. 1 required Rngineering reyuiremente to be met incl.uding curb, gutters, sidewal.ks, etc. and hse not been complied with, and that trash etorage c+reas have not been provided, and fire hydrant~ have not been inet~l.].ed, and the onl.y condition complied with wa~ No. 4. Annika Santalahti, Aasistant Dir.ector Lor 2oning, ~tated a number of the conditions were tied to iesuance of building permits L•or new conHtruction; however, Condition No. 1 required a b~nd to guarante~ atceet improvements and that has never been posted. Mr. Pittman ~tateu these were temporary facl1ittes and it is ~ compl.ex probl.em because there ~re two oil we11.s on the property and the true use of the pcoperty hae nat yet been deLecmir.rd, but he felt the time is coming when it will be detecmined. He stated 'ne will pest the bond. Kendca Morries stated tt;e drainage fee eould be paid at thie tfine and reviewed some of the other conditions c~ncernin9 the structures meeting Buit.ding Code cequiremente, etc,, nnCing inspections have revealed i.llegal improvements. Commissioner Eferbet auggested an extensior~ for 90 days allowing the petitionPr to meet with staff to resolve these issues and to determine which c~nditions can be met now and which ones can be deleted. Malcolm Slaughter, Deputy City Attorney, stated techni.call.y, the heariny shou~d be continued for 90 days. Mc. Pittman stated many of the conditions could not be met and one ie Condition No. 2, polnt out they have tra~h pick-up fivp days a week. ACTION: Co-nmisaianer Herbst offered a motion, seconded by Commissioner F3ouae and MOTiON CARRIEU (Commiesioner Lawicki absent) that consideration of the aforementioned makter be continued to the regularly-scheduled meeting of December ~, 1985, in order For the petitioner to work with etaff pertaining to conditions. ITEM N0. i0 REPORTS AND RECOMMENDATIONS: A. AMEND ~ONING CODE - Amending Various Subsections and Sec*ione of Titl.e ~8 af tne Anaheim Municipal Code Relating to Zoning. 9!4/85 MINUTES, ANANEIM_CITY PLANNiNG COMMISSION. SEPTEMBF,R 4, 1985 85-488 Commieeioner McBurney stated ~eea ~re generall.y computed on the total eceas, incl.uding pcivate etceeta, and asked it this change wi1.1 detraet from thoae fees. Anni.ka Santalahti, Asei~tant Director for Zoning, eteted the only areue not counted in computing feea Ace the public rights-of-way. AC_ 2_ ~'[ON; Commissioner Bouae offered a motion, seconded by Commiaeioner Herbst and MOTLON CARRIED (Commiesioner Lawicki absent) tha~ the Anaheim City Planning Commieai~n does hereby recommend to the City Council adoption of the attached ocdinance, udding terminology to the "minimutn lot areRS' in some aections of the RS-A-43,000, RS-10,000, RS-HS-l.0,000, F2S-72UU and RS-50UU Zoneo. OTHER UISCUSSION: (A) it was noted the C:ommiasian would like to meet with City Council to discuas the Stadi.um Are~3 5t~ady. Annika ~antal.ahti, AssistAnt Director for 7.oning, expl_ained the City Council likes to have 3 date~ to chose fcom and the Commission felt they would like to meet with Council. as sonn as posei.b~e, hopeEull.y, before tt~e next Pl.anning Com,~niesion meetiny. Malcalm slaughter, Deputy City Attorney, explained this meeting ahould be ad~ourned to the next Council meeting date on the lUth and then the secretary can adjourn that meeting to the date set by thp Cit.y Council. fnc the joint work session. (B) Commission discuased the inf~rmation presented to tt~em pertaining to the sale of beer and wine in conjur,ction with gasoline salee at mini-mackets; and stated Uavid Larsen`s comments about the mattec of the sale of beer and wine in mini-markets wae that it is juat too convenient and makes it too easy for the driver to buy tiie can, open fr and then drive away. ADJOURNMENT: Commiseioner Fry offered a motion, seconded bf Commisei~ner Bouas and MOTIAN CARRIED (Commissioner Lawicki absent) that the meeting be adjnucned to SeNtember 10, 1985, to a possible joint ~ork seasion wi~h the Anaheim City Council., pertaining to the Stadium Area Study. Ttie meeting was adjou~ned at 4:25 p.m. NOTE: At their meeting of September 1.Q, 1985~ the City Council set the date for the joint work session with the Planning Commission to be held at 4:00 p.m., September 24, 1985. Respectf.ully submitted, ~~~ ~ ~~~ Sdith L. Harri.s, Seccetary Anaheim CitX Planning Cor;imission ELH : J.m 0140m 9/4/85