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Minutes-PC 1987/09/14
.~- ''~ t. ~ .. $~StS1S.AR MEETING Q~ T~,...A~BfiP~IM.._~.i.~LP~A~it1.I.~~.4Mh1~,S..~.~9.i~ ~~~.~ - ~eotembe.~~9~~9~Z The regular met~ting of the Anaheim City Planning Commission war, called to order by Chairman Messe at 10:00 a.m., September 14, 1987, in the Council Chamber, a quorum being present, and the Commission reviewed plans of the items on today's agenda. RECESS: 11:30 a.m. RECONVENED: 1:35 p.m. PRESENT: Chairman: Messe Commissioners: Bouas, Boydstun, Carusillo, Feldhaus, Herbst ABSENT: Commissioners: McBurney ALSO PRESENT; Annika Santalahti Joel Fick Malcolm Slaughter Jay Titus Paul Singer Debbie Vagts Mary Mcl'loskey Greg Hastings Edith Harris Zoning Administrator Planning Director Deputy City Attorney Office Engineer Traffic Engineer Loasing Supervisor Senior Planner Associate Planner Comrnissi.on Secretary AGENDA POST~.LS - A complete copy of the Planning Commission agenda was posted at 8:30 a.m., September 11, 1987, inside the display case located in the foyer of the Council Chamber, and also in the outside display Kiosk. ITE ~SL~. ~B_N.~C~~I~]?~~-~9~._~?.~- ~A~]~.~F..S~Q~~.7_~P~~_2. PUBLIC HEARING. OWNE-.S: PERALTA L.T.D., 3150 E. Birch, Brea, CA 92621. ATTN; VIC PELOQUIN. AGENT: VIC PELOQUIN, 3150 E. Birch, Brea, CA 92621. Property described as an irregularly-shaped parcel of land consisting of approximately 40 acres on the north side of Nohl Ranch Road, approximately 300 feet northeast of th.e centerline of Old Bucket Lane. Waiver of maxirt:um structural height ~;:o construct 41 single-family residences at a height not. to exceed 34 feet. It was pointed out the petitioner has just submitted a letter requesting to withdrew this petition. Acx1Q,1: Commir:sianer Bouas offered a motion, seconded by Commissioner Herbst and MOTION CARRIED (Commissioner McBurney absent) that the Anaheim City Planning Commi:;sion does hereby approve the petitioner's request to w~.tndra,: the petition fc~r Variance No. 3676. 87-634 ~#!` i t MINUTES, ANAHEIM C~~Y PL~L~~N,~COMMIS$.~,Q.~, SEPTEM$~_~4, 1Q~.~, ITEM N0, ~ SIR NEGA~;IVE DEC•Q~j. WAIV~~~,.~.O.R.F~BT~QSlI_RF~L~~...~N~ ~QT]gI~IQNAL USE PERMIT_~0. 2925 PUBLIC HEARING. OWNERS: LARRY R. SMITH AND JUDITH I. SMITH, 17046 Marina Bay brava, Huntington Beach, CA 92649. AGENTS: SHELDON L. POLLACK CORP., 3938 Wilshire Boulevard, I,os Angelus, CA 90010 ATTN: AI.VIN Y. LEE. Property described as an irregularly-shaped parcel of land consisting of approximately 3.56 acre located north and west of the northwest corner of Ball Road and Knott Street, 919-959 Knott Street. To permit a drive-through, wa;k-up restaurant with outdoor seating i.n conjunction with a co~~nmercial center expansion with waivers of (a) minimum number of parking spaces, (b) minimum drive-through lane dimensions, (c) minimtun df.stance between buildings and (d) required site screening. Continued from the meetings of July 20 and August 17, 1987. It was noted the petiti~~ner has requested a continuance t.o September 28, 1987, in order to submit revised plans and address concerns of the adjacent neighbors. Responding to Chairman Messe, Greg Hastings stated staff recommends that this case be readvertised. _A_~T,~~: Commissioner Fferbst offered a motion, seconded by Commissioner Bouas zed MOTION CARRIED (Cormissioner McBurney absent) that consideration of the aforementioned matter be continued to the regularly-scheduled meet~M; of September 28, 1987, at: the peL•itioner's request, and further that subject petition be readvertised. IT,f~NQ_,., 3 ~R NEC~~IY.~ D~CT~R_AT.~Q~i,~$~(,i.j~jS.~.~,F'lCATION ~1Q,_$Z~QB-06 AND PUBLIC NEARING. OWNER: PETttA GALVIN, 1.230 W. Laverne, Santa Ana, CA, 92704 AND MODESTA BARRON AND CATALINA BARRON, 200 S. Walnut, Anaheim, CA 92805. AGENT: RAFAT I. SAMAN, SAMAN CONSTRUCTION, 1240 N, Van Buren Street 8101, Anaheim, CA 92807. Property described as a rectangularly-shaped parcel of land consisting of approximately 0.2 acre located at the southwest corner of Elm Street and Clementine Street, 403 South Clementine Street. RM-2900 to RM-1200 or a less intense zone. Waivers of (a) maximum site coverage, (b) maximum number of bachelor units, (c) minimum struckural setback, (d) minimum recreational-leisure area (deleted) to construct a 7-unit apartment complex. Continued from the meeting of August 17, 1987. A~~,Q: Commissioner Bouas offered a motion, seconded by Commissioner Herbst and MOTION CARRIED (Commissioner McBurney abse:~t) that the request to withdraw the petitions fir Reclassification No. 87-88-06 and Variance No. 3683 be approved. -635- MIHILTEB.._.tE3~hL~.IT.Y._~,~1~1~1i~3G Coh~i~.4N.~E~M@x.it~4,_1.~87 _..__ ITEM-ZLQ..._..4. E1LR..I~FS~~.ZY.E_.l~.E,~AB~TIQ~_1t~.ALB,S.~,t.F.X,~_LT~QZL.~Q.._~7=.~.~~QZ_._.YAR~~~ ~p~ 3 e 8 5 A~,~,gLY&Ii..4LS9SJ~.C.~.L._EQId.I~.X...l~l-0.~-~-9.,~ PUBLIC HEARING. OWNERS ROBERT D. SCHAFER ET AL, 292 Wilshire Ave, q].U7, Anaheim, CA, 92801. AGENT: MASSOUD MONSHIZADEt], 1524 Victoria Way, Placentfe, CA 92670. Fsoparty doacribed as an irrdgularly-shaped parcel of land consisting of appro>imately 1 acre located betty©en Broadway and the northerly terminus of Gilbuck Drive, approximately 250 feet east of the centerline of Gilmer Street, 1500 West Broadway. Portion A from RS-5000 to RM-3000 or a loss intense zone. Portion B from RS-A-43,000 to RM-3000 or a less intense xone. Waivers of (a)minimum number of parking spn~es (deleted), (b) minimum structural sotback adjacent to arterial highway, (c) minimum structural and parking setback adjacent to local street, (d) minimum structural sotback (e) minimum structural and parking setback adjacent to :single family residences, and (f) minimum recreational-leisure area to construct a 15-unit condominium complex. Waiver of Council Policy tto. 542 pertaining to proximity of residential units L•o a railroad track. Continued from the meeting of August 17, 1987. There were eight• (8) persons indicating their presence in opposition to subject request ar,d although the staff ropnrt was not read, it is referred to and made a part of the minutes. Jesse James, Agent, 1262 E. La Palmz„ Unit D, Anaheim, explained this project will consist of 4 one-story units of approximately 1,832 aq. ft. and 11 two-story units of approxfmata]y 1,970 sq. ft.; that there are single-family residences ranging in size from 1800 to 2319 sq. f.t. on the southwest and these units would be very compatible i» size; that Broadway Street is on the north and fs a major arterial street, and directly across Broadway its the Southern Pacific train storage area, and the property is bordered on t:.he east by a railroad track and directly across the tracks is a retail property. He added they are requesting k`:at the property be reclassified to RM-3000 and that would be consistent with the General Plan. Ha stated t.hoy have cloleted the parking waiver. He gave the following examples of other projects on Wk:ieh similar variances have peon granted: - Mfni:num structural setback to arterial highway - 1464 E. LaPalma, 2 ft. setback; 1250 E. La Palma, 14 feet; 1262 E. La Palma, 12.6 feet - Minimum structural and parking setback adjacent to a local street - 1204 S. East, 11 units at 9 feet; 314 S. Rose, 32 units at 13 feet Minimum structural setback, 1464 E. La Palma, 6 feet; 150 N. East, 5.5 feet) 314 S. Rosa, 4 feet. -636- ~. '~ ~r MI~ITES,_j~uFTM CIT Pi,~'1~LINSi_~4MM~~---~~~''`'-~~""r - Minimum structural and parking sotback adjacert to single••family residences - (1 sfnglc-story unit affected bordering single-family and the adjacent single-family unit would not be adversely affected due to layout and the wall); si,rilar waiver 1250 I:. La Palma, 16 f.eett 1236 E. La Palma, 4.5 feats 1000 E. La Palmy+, 1 foot. -Minimum recreational-.leisure area - that they have increased the size of the balconies on the two-story unit to 150 sq. ft. leisure area and the, main entrance off Gilbuck is vory irregttilar in shape and will be highly landscaped, buL• is not counted in the leisure area - 2600 Magnolia, 1262 E. La Palma and 203 S. Ohio. He referred to the request for waiver of Council Poliry No. 542 regarding proximity of residential units to a railroad track (100 feet re,~~uirecl and 41 feet proposed), and explained that is a Southern Pacific track and the train goon over Broadway at no more than 5 miles per hour? that there is a train storage area where cars are stored anti usually once a day the engine comes in. He explained the single-family tract was built in 1976 and on the eastern side of the property which is approximately 80 feet from tt'.e track, they have brou~lht in 3 foet of dirt to provide a buffer with a wall on t;Qt~forthat, He stated they have had a sound engineer give them a preliminary suggesting a buffer wall for the lower units and some additi~r.~al changes on the higher units which could be acc~~mplished witho~it a problem. He stated there has been some thought for a long time that people buy condominiums because they don't want to do yardwork or because they cannot afford a home, but that is not true and people today are looking for utility of a buying product, and aro locking for a contemporary design and affordablity; and that there will not be cheap condominiums and are usually purchased by young engineers and teachers. John Medlin, 1511 W. Elm, stated the agent gave a lot of examples of ether projects where variances have been granted, and he did not know .if they were the same as beiny proposed here with condominiums in the middle of a horoved tract and asked if any of those projects have had all these waivers app for one project. He stated he lives on Elm and it is nobutetheoentrancehto report; that the address to the project is on Broadway, the project will be on Gilbuck which is a single-family housing tract. He stated the only way to get into the tract is off Broadway, onto '3ilmar, and left onto Elm which is a very short streei. leading into this project; that there is not enough parking and r,ot enough room for the people who live there now and probably 70 to 80~ of the people who live there come in on that street, and down Elm to this housing project, and they don't feel they need the 50 to 60 additional people. He presented a petition signed by everybody who lives there and stated they aze not opposed to something being developed there, rut they would rather it was not multi-family units in their single-family tract; that they all purchased here because it was a single-family tract. aid they would like to keep it that way; that he is i3iso concerned about the parking and referred tc, other areas where there are apartments next to single-family dwellings and the people par Y. an the residential streets. He added they don't have any recreational area and with three bedrooms, there will probably be children in -637- MItiUTE&. 1~11l~F~1.S,L~L~'~.f: C01•Q"17~SSI9.H.i_~.FrP3'FMB~R 1_4erl~ those unite and they havA no place to play. He added he hoped the Commission. will consider all these+ things. Mr. Medlin stated they did buy into a single-family tract and hope to keep it that way; and that they would have no problem wikh development if they build something with the entrance off Broadway, Walt Frankland, 400 S. Gilbuck, four houses from this proposed project, agreed with the i,revious speaker and added rhoy s~+id these units will be compatible, but. they will be larger and with the larger units there will be more cars, and they do not need the extra traffic with the children ors the street; and that they agree something should be done with the property because it is an eyesore, but did not see why they could not have the entrance off Broadway. Responding to Chairman Messe, Mr. Frankland stated his home is 1,450 sq. ft. Orvfn B~.rber, 1514 W. Alexis, stated h© moved .in one year ago and just found out about this proposal last night? that he would not object to an improvement of the property, and hie only objection is to the entrance of their residential area. Ho stated he felt the; would probably use Alexis and he has two children and also there are other children who play in tre street and his concern would be the traf.lic on that fairly long street when people have a tendency to pick up speed. He added again their objection is the access off their residential area and suggested it be on Broadway. Terry O'Connell, 320 Gilman, corner of Gilmer Rnd Elm, stated coming in off Broadway, these is about 50 feet before making another left turn onto Elm and at the corner many people have hit the curb and some have ended up in her front yard. He stated that .ia not a controlled intersection and if the children were playing in the street because they won't have a play area, it will be right at a blind corner and that would be the main entrance for everybody and it is dangerous now. Massoud Monshizadeh, agent, stated this opposition was not here last time and L•hey revised the plans, especially the parking; that the opposition is to the entrance and they can enter from Broadway, except they would probably se L• back the two units on the east and will have more parking. He stated they will close tre entrance on Gilbuck and only use ft for trash purposes, and that landscaping will be added. He added the Commission has allowed other properties to enjoy these variances and he di8 not see a problem with the leisure area or the parking, and they are proposing 3-1/'l spaces per unit. Ho stated another person wus concerned if someone has a party that they would park on the street, but he dd not think that would be a prob]em. Mr. Monshizadeh stated he did not think the opposition is to the plan itself or layout of the buildings. THE PUBLIC HEARING WAS CLOSED. Commissioner Carusillo asked if the recreational area was decreased because of the increase in parking spaces. Mr. Monshizadeh stated they did not take any credit for the balconies before because they were not large enough and could not be counted, so they increased the balcony size to 150 sq. feet and it is -638- MII~~S~H~ttS~'~~tTY._P4ANH ~t?G__G4MM~S~~QN.__S.SPTS.MA~R_. kA.,.._1.4~1Z_.______ ____~_ __..-._ now considered as recreation leisure area, Commissioner Caruaillo asked why the oppoaiti.on weA not present when this came before the Commission s couple of weeks ago. Mr. Medlin responded the postcard indicated the address of the project was on Broadway and it did not mention the ar.cesa to Gilhuck. However, he called to find out the outcome of the hearing and caked if there was accoas on Gilbuck aid found out there was. Ne explained a few months ago someone knocked on Choir door anti told them about a project coming up on that property and also told them thorn would be no entrance to their housing tract, so they were not concerned whon the notice came. Commissioner Herbst sL•ated the conditions require the access on Broadway to bo dedicated to the City of Anaheim. Pawl Singer, Traffic Engineer, responded the reason is the proximity of the frontage along Broadway is very close to the rt'.lroad tracks and could create a problem for people entering this project. Ho responded if properly screened, an access probably could be accomplished, but probably without left turns because it is very close to the railroad tracks, and adequate storage for left turns for vehicl.en going westbound on Broadway to accoas this project would not be provided. Ho stated the entrance would have to be on the westerly aide of Cho property and the frontage is only 209 feet, ao a 30-foot wide access would put it at about 170 feet so there is hardly room. He stated ho would have to look at the design to see if it can be accomplished. Mr. Monshizadeh stated it is s very simple design and ha could solve the problems and responded it could be done right sway and suggested this request be approved with the condition that the design be to City standards. Commissioner Bouas stated the plans indicate there aye three full baths and asked if that is really the case. Mr. Monshizadeh stated there are 2-1/2 baths. Commissioner Feldhaus asked if there would be a congestion problem if the traffic was turning into Gilmer as proposed now. Mr. Singer responded there is adequate space between the railroad tracks and the intersection to be able to transition it to the continuous loft-turn lane, but that is too close for the car to clear the railroad tracks and gate arms and make a dip back into the poc'ret out of the travel lane and probably only one car could be in the land. He stated if the Commission instructs the staff to look at that access, he will work with the developer to come up with a safe design, but left-turns may be prohibited. Malcolm Slaughter, Deputy City Attorney, staL•ed regardless of what the Commission does, the City Engineer is charged with granting the permits for the curb cuts, etc. and can only issue a curb cut permit if all the design cr:.teria is met and if he determines that it will not unreasonably interfere with pedestrian or vehicular traffic or the parking spaces and the means of ingress and egress and that it would not harm the health, safety or welfare of the public. He stated if Commission is contemplating an access on Broadway. it would be wise for the City Traffic Engineer to have an opportunity to review the plans to see if they can issue a permit before the request is granted. Mr. Singer stated he would have no objection to an entrance on Broadway if it can be mane safe and hfs concern is the proximity to the -639- ., Mx~.,._~ANkiM.~.~xY__.~4.ANN..T,t1..~.C9kkSI&.~~Q~..Y..S~~~M~~~..14.~.~9 ~.~_._....__._._. rc~.ilroad tracks and the possibility may not exist to make left turns. Commissioner Foldhaus naked if Broadway would be the only access or if there would still be an ac.ceas on Gilbuck. Mr, Singec• stated from what tie is hearing, Broadway would be the only entrance. Mr. Monahizadeh stated they would fonc~a Gilbuck with an emergency vehicle access only and they might need to havo the trash pick-up on Gilbuck, Commissioner Bouas stated the condominiums are larger, but there is a concern about whore children would play. Mr. Monahizadeh ateted each condominium has e fair amount of back yard end there in a setback between Gilbuck and the condominiums where the children could play and he did not know of any other condominium of this size that provides more recreational facilities such as jaccuzi or pool. Commissioner Bouas stated there is a need to keep the children off L•he street. Chairman Mesae stated there is a lot of pavement anti it looks like that is wt~oro the children would play and with 3-bedroom units there will he children and the Commiasiun is concerned about the recreational apace. Commissioner Herbst stated he sees serious problems with this project and that it is f.urely "spot zoning" and is surrounded by RS-5000. He stated this plan dumps traffic from 15 units right into a residential tract and he disagrees with that proposals that other setbacks have been allowed oa individual developments based on the size end agape of the property, etc., but he did not see a Hoed for these variances, except they are just overcrowding the property. He stated tandem parking is not a good plan because it puts more pavement in front of these units, and he did not agree with the size of the recreational arena and where 4 or 5 single-family residences would be allowed, this developer is proposing 7.5 unites that probably some typo of condominiums could be allowed. and the project would havo to be done with some variances, but he thought it could be done in a manner acceptable to the neighborhood with access on Broadway. He state8 he would not be in favor of a condominium project of this magnitude in a single-family zone because that makes it "spot zoning". He stated the developer needs to revise the plans and come up with a plan more reasonable with the neighborhood and there should not be parking within 2 feet of the property line. He stated the neighbors were there first and this request is for an RM-3000 Zone and is encroaching on the neighbors' rights to a point where it is not acceptable. Mr. Monshizadeh stated he could have rejected this project by the end of August acid only lost the money he spent for architectural drawings, but since then he has already lost another 510,000 and will lose another 510,000 by the end of the month and he did not think he should be penalized because the address is on Broadway. He stated he lives in a house in Placen:.ia with an 8-foot and 20-foot backyard and this project will provide 14 feet by 28 feet for a 3-bedroom condominium. He stated he could change the entrance from Gilbuck to Broadway and use the 25 feet behind the wall to add more parking and eliminate the tandem parking. Commissioner Carusillo stated the only opposition seems to be to the parking, smaller recreational areas, and the access on Gilbuck and if those could be eliminated, maybe there would not be any opposition. -640- e+ ~' .. r Mi~Ii1T.~~~tiAHE.ihlS~Y._.~~1~3,~.~ cor~iLSS.LQ~i..._&.~~T,~b~~~_i9.~~.4..~2._~.__~._______...__._ Chairman Mease Baked if the developer would like to have a continuance in order to revise Plana. Mr. Monah iaadoh eteled he would like a continuance for two weeks. Commissioner Bouaa suggested the revised planR be reviewed with the neighbors because obviously somebody led th ~m to behove their area would not be impacted and the ontrance would rsot be on Gilbuck. Mr. Monshizadeh stated he did talk to three or four neighbo rs, but did not. know where the entrance would be when ho was talking to them, s o he did not tell the neighbors the access would not be on Gilbuck. He eta t od ho was talking to one neighbor who told him that during the last 6 yearn many people have Como co talk to them. Cht .ma-i Mease asked that the copy of the sound engineer's report be submitted to the Commission before tine next meeting. g~~q.Hs Commissioner Bouas ofEeirod a motion, seconded by Commissioner Herbst and MOTION CARRIED (Commissioner McF3urnoy absent) that consic'.eration of the aforementioned mat' be continu rid to the regularly-scheduled meeting of September 28, 1987, n order for the petitioner to submit cevised plans with the changes as stipulated to by the applicant, Mr. Monshizadoh stated ho would work with Mr. Singer and Chairman Mosae asked the Traffic Engineer got together with the applicant as soon as possible. Commissioner Herbst suggested the density should be c~eviewed and he thought in order to meet all t}:r• s~yuests, the number of units would probably have to be reduced. He stated he would like to see a project that would protect the single-family residential area. Mr. Monshizadoh stated with the entrance on Broadway, this project will be isolated from Gilbuuk and he would probably request affordable units, but that this was very expensive land and the owner is not. very easy to work with. Commissioner Herbst stated ff the property was too expensive to develop a project without impacting t;~e other neighbors, that is not the Planning Commission's problem and maybe the property owner is asking too much for t1~e property and he would not impact the nefghborhaod with something they can not live with. Mr. Monshizadeh stated the City has the RM-3000 Zone and Commissioner Herbst stated this property is not zoned RM-3000. Greg Hastings stated the General Plan designates this property for medium density. Commissioner Herbst stated if a lot of waivers are necessary in order to develop the project, then there is something wrong, and the project will not be acceptable if it impacts the neighbors too much and could still be denied. He stated the neighbo rhood is very concerned and suggested the developer work with the neighbors. Mr. Monshizadeh stated he heard the neighbors and overa_1, t2iey are only concerned about the ontrance. Commissioner Herbst atatod the neighbors were also concerned about the r.ecre atianal areas and children playing in the atr•eat, etc. Mr. Monshizadeh stated if they are going to close the access to -641- Mx.N~~~,S.._...ANAHE.i.M_S.~TX._P~~~1.IJ~C:<..~9~tI~~ Q~N,_._S ~~T~MR~~i__~,!1.,,...~..4.41_ Oilbuck, that should eliminate kha neighbors' concerns. Chairmen Mosse suggested possibly givt~ng up one unit and adding thn-t to the recreational area. Mr. Monshizadeh eL•ated he would contact the neighbors. I.TEb..N.Q+...~ ~.LB...~~13.~TbY~_..A~S.~A~3ATi9H.~__~IAIY~R. RE_~Q~~. _RF~SJ.I~M~.t~.T_B,~i.D CONUIT I ONA~IIS~_.~E~l~~__~4.,_._.?.4.~.~ PUBLIC HEARING. OWNERSs OWNERS: TIIRIFTY OIL COMPANY, 10000 Lakewood 61vd., Downey, CA 90240. AGENTS TAIT b ASSOCIATES, INC., 900 Orangefair Lano, Anaheim, CA 92803. prooximatelac0i43dacrea locatedu atrthesnorthwestccorner of land consisting of app Y South Street and East Street, 727 South Eaat Street . To permit a convenience market with gasoline wales and off-sale beer and wine with waivers of (a) maximum number of smull ear spaces (delc,ted) and (b) minimum landscaped area. Continued from the moet~ngs of August 3, 17 and 31, 1987. There were seven persona indicating their presence in opposition to subject request and although the staff report was not read, it is referred to and made a part of the minutes. Carl Korndofer, Tait Associates, stated there is o ae point at the eastern point of the canopy where the setback is only 5-1/2 or 6 feed, as measured from inside the curb and that is because of the spe vial circumstances of dedicating 12 feet of right-of-way to the City and constructing a right-lane turn which makes the site srnaller than a standard gas station site and their Ne also concept has been designed for a traditional 150 tc 15U-foot site. stated they do have excess area an other portions of the site and about 12 feet is provided is the center of the frontage on East Street and about 15 feet near the corner on South Street and think this will present a pleasing street scape. He stated this allows for borming and mounding and allows planting clusters of plants. Mr. Korndofer stated they have moved the driveway on South Street fur;h^r from the intersection end another reason for the vaciaace was r.~ ~~~ei.ltain some of the area between the curb and pump islands for adequate passirq lanes arou_~d the island. He stated the plans would greatly imp rove the traffin at thus intersection and pointed out it is a bad fntersec tion now and they will be providing a third lane which should make it safer. He stated Paragrap'n 6 describes the area across South Street to the south as a medium density residential area, but those residential homes back up to industrial property and he was of sure what the General Plan designates for that area, and might be for commercial development which is the trend towards the east and when that area is developed, the intersection will be completely widened. H© stated they have eliminated the original gas pumps and decreased the number of dispensers. Ho added they don't feel they will g euerate much traffic into this area. and will probably just replace some of the gas station traffic which was there before. Commissioner Feldhaus stated there was a question raised at the last meeting whether they would be willing to change the hours of operation from 24 hours -692- b.IN1iT,~.~.~lAlii..IM.~i.~Y~~A~HI.NS_S.Qk~~&i.4.N.,~.~ F~T.~M.i-.~R_~3..~.S~fl.T. to some thing less. Mr. Kocndoinr stated they do not wish to reduce the hours of operation because of. the industrial nature of the sits with industrial uses aurrourading the site and acrasa the street to the east there are nice resideritial homes, but they t-ave a 6-Euot block wall across the frontage. Ho said he did not believe this uao would cause a signiE.icant increase in noise behind their wall. He etateil 99~ of the Circle K stores across the country do operate 24 hours a day and somewhere in residential neighborhoods and they pencef ally co-exist. Mr. I(o r--dofer stated those stores are not franchised and the operators are vis;Led daily by a Zone Manager who is directly responsible to a Division Manage r, He stated the problems of littering and loitering can be addressed by the Circles K Management Corporation and they are +ysaessable to handle those conce r na. Ho stated they think this will make a saf.or corner and chink it will be an asset to the neighborhood. t:on II anderas, 711 S. Day+n, stated the people who live in the neighborhood expre seed their concerns about this proposal an8 they are concerned about the high rate of aacidonta with over. 26 accidents at that corner since April and they cannot justify having a convenience etoro sel.linq alcoholic beverages in that location and they feel it would make ttte accidents more prolific. He stated the gas station i.s already selling money orders and the convenience store will be offering more things to ttte public and they have a potential to bring more clients to that corner. H© stated the neighborhood fs served well with convenience stores and referred to one on the corner of East and Santa Ana. He stated he looke+d at that area :tad they are experiencing problems with yraf i iti_ on the; r~alls and '.~.,ng-out for young people and the area is is a well maintained ~ the ,ghborhnod perceives those same problems being brought to this loca •~ added they are regally concerned about the appearance, 1 t are more qd about the safety. He stated his back yard bor,.era East .:~eet and he dabs not want people throwing trash into his back yard. a~~d th•~i have block walls and can just see graffiti being a problem. He stated they have plenty of Ather stores in the area to serve this community and he did not know if t1-ey had surveyed the neighborhood to see if this is •3ome thing they want or need. Ha r eterred to the convenience store at Walnut and Cerritos which is bad and stated they are afraid that is what will happen in this area and they perceive a pl ace whore young people will hang out and feel there will be a lot of vend alism. He stated they era concerned about c;isturhances late at night particularly since their back. yard borders East Street. Mari lyn Helm, 700 S. East Street, stated she addressed certain issues the last time she was here and also presented a petition with 28 signatures and would 1ik a to present another petition with 51 additional signatures. She stated thi s is a change in usage and the gas station really does not do that much business. She stated the duplexes referred to across the street back up to industrial, but that is not a concern, and it is a buffered area and part of the reasons the residential has gotten along with the industrial is because they close at night and on week ends when people are home and there is no disturbances coming out of that area. She stated she felt this will increase tra ~fic and having a right-turn lane is not enough an~9 most of the accidents occur from left turns and there have been two more ~a~.,dents since the last -643- ~~ hIZlIU.~E.&-,~.bt~t~E~il.~~.T~l..~~~P~3NII~GS~S~.i.QI~..~.E.E~M~~R.].SL.. _l.B.~.~. meeting. She stated the City has their maintenance yardsi in that area and that brings in more traffic, but they leave at 4s00 and that is not a problem. She stated she would have brought another bag of trash, but didn't think it was necessary and added that trash is coming from the current use, but this would add mere to khat problem anal that the only neighbor .tn the area who polices their own trash is i)ieneyland. Mr. Holm stated there will be children creasing the street to purchase things from that store that would be dangerous. She stated she was not aware they were proposing to sell hot food and felt that wo~ild be an additional impact and referred to another facility whore people purchase hot food and sit in their cars or on the curbs to eat it. She atAted the people she has talked to don't want the store to be open at night and that dons not conform to the industrial zone and that is what this property is zoned for. She stated in the summer she can hear all the noise from the station in her house and the noise from the tanker trucks coming in now scare her children. She stated the Commission asked the developer L-o address tk~e issue of the 24-hour operation and they have currently expanded the hours for the existing station on Friday nights and are open until snidright ar~d she thinks that is bad faith nn the developer's part and they are not interested in working with the neighborhood. She stated the neighbors are concerned about the trash and a reasonable hour for closing at night. Claire Chambleas, 1219 E. Diane, stated her property is about 500 feet away from this location and she helped to gather siynatures on the petitions and could have gotten more if she had more time and not one person she talked to wanted this store. She stated there are m lot of accidents at this corner and it is probably one of the most hazardo~: In town. She stated the increase in traffic and the trash in the area sincF- Lne Arco was opened at the corner of South and StRte College is just tremendous. She stated she did not think alcohol and gasoline is a good combination; and that she has lived in Anaheim since 1955 and has seen a declinR in the neighborhoods and thought this use would add to that decline. She stated they live in a very nice residential tract now, but can just see what is going to happen if this use is approved. Herbert Moore, 717 S. Dawn Street. '~d he has lived in Anaheim all his life and has seen a lot of charges and .t ~,`_ the things that is being stressed is that this is an industrial area anc -_.:.ce this is a business use it should be allowed; however, 25 years ago the Planning Commission approved an area directly across the street for a residential tract, and then moved to this area because they thought it would be a good place to raise ~ air family and he thought he had an unwritten contract with the City that ~i,ia areas would r he drove around and remain residential. He stated after the las_ meeting, looked at other industrial areas in town and they do not seem to have very many convenience stores. He stated there is the possibility of people walking to those stores from the industrial plants and having alcohol for lunch and then going back to work and that is not a safe situation. He stated the sale of alcohol and gasoline is not very wise and there are concerns of people loitering and dumping on the property. He stated this type of store can -644- r. MIIil1TES, ANAHEIM CI~;ILI',LIt~3I;NG CO~ISSION•~~TGM.~F~..~~~1.?~._.__ becomo a hang-out for teenagers and he did visit ono of their other facilities and there are a lot of teenagers plRyinq video games, otc. Concerning control of gasoline pumps. Mr. Moore stated it was discussed that the control for dispensing gasoline would be under the operator at all times; however, currently thero is an operator in a bullot-proof booth with a microphone and speakers outside and the public address system is operated at high levels and does keep him awake at nights. He atatod their operating business hours since the last meeting have been expanded and the loudspeaker has awakened him and even want to operate this facility 24 hours a day and the present volume of business at this station would not justify a convenience store and this is an attempt to increase t:ie business. He stated there are plenty of other stores in the area and he was not sure this would be a convenience to the residents in the area because the prices are usually higher at this type of store. Ho stated he thought having a store at this location dispensing alcohol and gasoline is a bad idea. Mr. Korndofer stated he is hearing the neighbors' concerns and one is the intersection and traffic safety and he thought what they would be doing will definitely improve the safety at that intersection by adding a third lane and it will reduce the possibility of accidents and the situation will be better than it is today. He stated the other major concern is the undesirable element this use will attract. He stated a convenience store can exist with another convenience store across the street and having this one could make it easier for some of the customers because it is easier to turn left. He Qtated it is true that the children or their parents will have an opportunity to walk to the store and he did not agree that is a valid argument. He atatod with this convenience market the neighbors will not have to go down the street to the other store which is not a desirable location. He stated the manager of the store can control the loitering and added they are willing to work wikh the neighbors to prevent any problems of that nature. He stated they could pick up the trash twice a day and he thought the City Cade prohibits video games if the storo has the right to sell alcoholic beverages. THE PUBLIC HEARING WAS CLOSED. Chairman Messe stated there was a concern regarding a tankRr truck deliveries and the public address system for the operator to communicate with the outside. Mr. Korndofer stated both of those conditions can be mitigated and the loudspeakers could be set at a certain level so that they would not disturb the people at night. Commissioner Boydstun stated there is a business across the street from where she works and she can hear the loudspeaker on certain days depending on the wind conditions and if this store is open 24 hours a day, she felt this would constantly 5e intruding on the neighbors. Mr. Korndofer stated the volume could be turned down at night; and that the trucks have a right to make deliveries at all hours; however, they could possibly restrict the hours of delivery. Chairman Messe asked about the fast-food element. Mr. Korndofer stated that is really rot appropriate and should not be shown on the plans, but they do sell hot dogs and sandwiches and have a microwave and the customer can heat up sandwiches, but they do not prepare hot sandwiches. -645- `~ hl.~li~F.S...~NAE~.~C.k~~~'z_S~4NS~~~I9.~._.SF.J'T.E.~B...~9.._.19..~Z~ Chairman Mesas stated people do buy the fast food and then qo outside and sit on the care or curb to eat it and that does become a fast-food type business end he was concerned whether or not the parking is really adequate for Chat type operation. Mr. Korndofer stated they believe they have mare than enough parking spaces and he did not believe that many people would sit outside to eat . Commissioner Carusillo asked if the bullet-proof booth would be khere and whether the person would be able to go out and supervise loitering. Mr. Korndofer stated the customer Boas inside to pay and the operator will be free to supervise the site and the central booth does have a full view of all the gasoline dispensing facilities. He stated it is nor. a secured bu11eL•-proof locked area. Commissioner Carusillo asked how many employees would be on the premises between 7:00 p.m. and 10:00 p.m. when there might be a problerti with loitering. Mr. Korndofer stated probably two employees would be there during the busy hours, with one employee during the wee hours of t2~e morning when there is not much business. He stated all the switch controls to the pumping facilities are inside, but in the case of an emergency, the operator would qo outside to assist a customer. Commissioner Herbst stated everyone has been saying this is the ML zone, and this Commission has never allowed the Sale of hoer And wino in an industrial area because they are within walking distance of many working people and it would be convenient for them to have a beer or wine acid then go back to work around machinery and that is a ver~~ dangerous situation. He stated he did not think this type establishment should be that close to the industrial properties and that he has not voted for ono. Chairman Messe stated he ~~ould be opposed also for that reason and also because the petitioner is not willing to eliminate the 24-hour operation. C~ommissio,ner Herbst stated .ze would not be in favor of the 24-hour operation and there have been complaints about other convenience stores operating 24 hours a day and he did not think it would be right to put that in this neighborhood because it would affect the residents health, safety and welfare. HQ stated he thought this would improve the safety at that corner, but there would be a problem with litter and even if they clean up their own property, the surrounding streets would be a mess. Mr. Korndofer stated if L•here were Circle R cups, it is possible they could pick them up anal it could b© their responsibility to clean up their own trash. Commissioner Herbst stated ha is opposed to the sale of beer and wine and to the sale of loot foods and did not think it is convenient for this area with the hours of operation and Commissioner Bouas agreed. Chairman Messe stated he is opposed to the sale of beer and wine at tYie same p':ace where you could buy gasoline. Commissioner Feldhaus staL•ed if he wanted to open a small business and promised to mitigate all the concerns of the neighbors and do whatever he -646•• Ar ~" .. MINS:TES. ANAHEIM SI~Y..~EL~~S~4I~1Z,S$.LQ.d.r_S~TFMkE.$_.lA..~,.9$~.._ possibly could, ho would not want some bureaucratic agency telling him they did not believe him and would not grant him the right to open his business, and he would want the opportunity to qo into buaineae) and that he hea always felt people should be allowed to go into business and we should encourage business to comp to the City because we do need the sales tax, etc. Ho stated he is not really sure about this businasa, but this gentlemen has said ho would take carp of the problems and he thought there should be a way to make sure he would do that and he :bought he should have the opportunity to go into business and he would support the request. He stated he wishod there was a way to report back i.n three months. Chairman Mesae sL•ated this is a conditional use permit and if the conditions are not met, the permit can be reviewed and revoked if necessary. fie stated sales tax is impartant to the City, but not to the detriment of tho safety and hoalth of the surrounding neighborhood. Commissioner Feldhaus stated this petitioner has agreed to mitigate the concerns. Commissioner Herbst stated he has not offered to change the hours of- operation or eliminate the salo of boor and wane. Commissioner Feldhaus stated the hours of operation was a condition to abet;e the noise. Commissioner Herbst stated once it is there and approved with khose aperating hours it would be hard to change them. Fle stated the ambient noise level after midnight fs very high and makes a let of difference and the results would be able to hear a lot more. Malcolm Slaughter stated this is really two different applications, one for tk~e convenience market with gasoline sales, and the other for tl~e sale of beer and wine and the Commission c:ould grant one without the other. Commissioner Feldhaus staLod he was not sure the applicant would be willing to accept that alternative. Commissioner Carusillo stated if the sale of beer and wine was olim.inated and the other concerns mitigated, his feelings may be different. Mr. Korndofer stated he is not at liberty to delete the request for tho sale of beer and wine, but if the permit is granted fn that mannor, then they would have to make the determination then. Commissioner Carusillo asked the Traffic Engineer if this business would reduce the possibly of traffic accidents. Mr. Singer stated he did research the records and determined there were 11 collisions at that location the first 6 months of this year which is quite high. He stated he believed reconstructing tho intersection and changing the driveway would improve safety somewhat and obviously, when tho whole intersection is improved on all four Corners, traffic safety would be substantially improved. He stated the relocation of the driveway is obviously an improvement. Commissioner Feldhaus asked what needs to be done to improve the traffic problems. Mr. Singer stated the right-af-way has to be obtained and ultimate improvements have to be constructed. Fie stated the left-turn lane is the problem and there is no right-of-way and without a left-turn lane, accidents will contimue. He stated it does help to improve just one corner, and this improvement would help the traffic safety to a certain degree. -647- tR ~ ~Li~ S .~.A_N AHE.~LL~X..~' G~I~I`1I.Ii.S~S_QMM~~LQ.N..._._ S~i~~MR F~~ ~.~.4_._._1.24.Z ~~;Qr1i Commissioner Herbst offered a motion, seconded by Chairman Masse and MOTION CARRIED (Commissioner McBurney absent) that the Anaheim City Planning Commission has reviewed the proposal to permit a convenience market with gasoline solos and off-solo beer and wine with waiver oC minimum landscaped area and maximum number of small car spaces (deleted) on a rectangularly-shaped parcel of land consisting of approximately 0.43 acre located on the northwest corner of South Street and East Street and further dosaribed as 727 South East Street; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process and further 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. Commi.asioner IIerbst offered a motion, seconded by Commissioner Boua3 and MOTIUCi CARRIED (Commissioner McBurney absent) that L•he Anaheim City Planning Go~nmission does hereby grant waiver of Code requirement on the basis that ther.o are special circumstances applicable to the property such as size, nhape, topography, location and surroundings which do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity. Commissioner Herbst offered Resolution No. PC87-].80 and moved for its passage and adoption that the Anaheim City Planning Commission dons hereby grant Conditional Use Pezmit No. 2932, in part, pursuant to Anaheim Municipal Code Section 18.03.030.030 through 18.03.030.035 and subject to Interdepartmental Committee recommendations, including an additional condition that there will be no sale of beer and wine at any time; and no hot food will be sold or served at any hour and that the facility will be closed at midnight, 7 days a week; that a clean-up program will be instituted by the operator to keep the property and utreets cleared of their own litter. Commissioner Bouas asked if video games will be permitted if there is no sale of beer and wine. Malcolm Slaughter stated the prohibition of video games falls under the section that permits the beer and wino. Commissioner Bouas said she would like to add that as a condition and Commissioner Herbst agreed because he felt that might help present the loitering of teenagers and also the management would have to prevent loitering as one of the conditions. Commissioner Feldhaus asked for a definition of the clean-up program. Commissioner Herbst stated they would have to do whatever is necessary and that is what they have agreed to do. Commissioner Carueillo asked about the request for the sale of hot food and stated he thinks there is enough parking and he felt the Commission is being too restrictive with people wanting to conduct business in this City. Commissioner Herbst stated he would leave that in because this is an industrial area and people walking to the store will create more litter. Commissioner Feldhaus asked if they will be expected to clean up other people's litter. Malcolm Slaughter stated if a person buys something in a fast food store and it is wrapped, it becomes that persons and if he disposes -648- '~° t, MI.t~I1~.EDS..~IAH~~M~.~~Y.~S~B~K~t~.~..S~9MM1~SS~I.~~.~M~~~..~9~._.~.2~3~._._____ of it on the t~treet, it is hie litter and the Commission is expecting the operator to clean up other people's litter. Commissioner Herbst stated the petitioner has indicated he would be wi.iling L•o clean up. Commissioner >:eldhaus stated the applicant has not agreAd to this resolution. Chairman Mosse stated that is the resolution on the floor and the applicant can appeal it to City Council. On roll call, the foregoing resolution was passed by :lie following vote: AYES: BOUAS, L'OYDSTUN, CARU5ILL0, HERBST, MF.5SE NOES: FELDHAUS ABSENT: MCBURNEY Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal the Planning Commission's decision within 'l2 days to the City Council. RECESSED: 3s28 p.m. RECONVENED: 3s34 p.m. ~$M NO,~ F~$. NEGATIVE~~,(~$~T.I.ON. RECLA~,~.IF~.CAT39~~I4.1_.~Z=$.~Q.l.._.- ~~AIVER OF ~.O E REOUIREh1~~CON(?ITIONA~.~,1SE PERMI.~.ZIQ,_~~4 PUBLIC HEARING. OWNERS: I-HSIUNG KUO ANU SCHUCHIH LIAO KUO, 10650 E1 Toro Avenue, Fountain Valley, CA 92708. AGENT: ANHSIUNG HENRY HSU, 15761 Pasadena, Tustin, CA 92680. Property described as an irregularly-shaped parcel of land consisting of approximately 0.81 acre, 1556 West Katella Avenue. RS-A-43,000 (Residential, Single-Family/Agricultural) zone to the CL (Commercial, Limited) or a less intense zone. To permit a two-story, 50-unit motel with waivers of maximum structural height, maximum fence height and minimum number of parking spaces. Continued from the meetings of July 6, August 3, 17 and 31, 1987. There were nine persons indicating their presence in opposition to subject request and although the staff report was not read, it is referred to and made a part of the minutes. Henry Hsu, agent, explained revised plans propose 46 units rather than 50, with no windows adjacent to the residential area, and they will provide a 20-foot wide setback with 20-foot tall evergreen trees that make a hedge, planted 5 feet apart. Cynthia Brooks, 1525 Nottingham Lane, explained she lives in the townhouses next to the proposed site; that in July the Commission requested the petitioner to contact the homeowners with revised plans and after she did not hear from him, she contacted him and gave him both her work and home phone numbers and he has never contacted any of the neighbors. She presented a petition with 90 signatures opposing this motel because it attracts a bad -649- SI.A.3-~.~-U-U]A~~..7~YlJL'1~YYi)L~L~.-11Ya ilAl"J/du~1 ~:llJ_.~A3 V1-._..... eloment and that this is a residential neighborhood and Choy would like it to stay tf,at way. She stated there is not onough parking in this area and she thinks the overflow parking from the motel would bo in their residential area. She atatad motola attract transients and if they can not got guosts on a daily basis, they will rent them weekly and that brings drug trafficing, etc. She stated the children would have to pass in front of tho motel in ordor to got to school. She stated tho motel is 2 stories and that would give them a clear view into the neighborhood and she did not; think this motel should be allowed. Harold Horwitz, 1383 Eileen Drive, stated he is disillusioned with Commissioner Feldhaus' attitude that over,yone should be given the opportunity to have a business; that normally that is true, but there should bo some consideration about L•he type of business and where it should be placed. He stated he has lived in this neighborhood for 30 years and raised his family here; however, over the years things have changed and the last time this was heard, tho Commission suggested a single-story motel and thaL• the developershould get together with the neighbors and perhaps even Consider a different type development in that area since it is adjacent to an elementary school and close to a nursery school; but that none of those issues were discussed and after 60 days of postponements, none of the neighbors were notified. He atatad on July 6ttt he listened to a hearing about a site on State College and not ane porson was against that request, but the Commission gave all the reasons why it should not be allowed and he thought it was admirable that their concerns wore being considered, but these revised plans are not very different tl•-an the first ones and this is a 22-foot high building, 22 feet away from the property line of private residences and he hoped the same consideration would be given to this area as was given to that site on State College. Claire Holden, 1838 Eileen Drive, stated she works at Disneyland and on July 4th, Disneyland's busiest holiday, they had 89,000 people, but only 65'! of the hotel rooms were filled. She stated there is a new P.amada Inn going in with 1,000 additional rooms and she felt another motel is not needed and this is strictly a residential area. She stated they accepted the school behind them with the additional noise, but they do not need additional noise, from this motel with a swimming pool and spa right in the neighborhood. Bill Lamb, 1536 Nottingham, stared the school is only a few feet from the property line of this motel and there are residential houses on three sides and some of the residents have lived there since 1959 and many of the people who live in the condominiums are original owners; that this is a nice area and the fell if they can not rent the rooms on a nightly basis with the tourists, it will end up being a weekly rental which attracts transients and people who can not afford to rent an apartment; and that there will be an increase in prostitution and an increase in drug activities on Katella. He stated parking is not adequate for the numbor of units at this motel and the condominium project does not have any excess parking and the petitioner is requesting only 43 spaces for a 42 unit motel, plus the managers units and the motel will be 22 feet high and he thought that would be too high. He stat®d he heard there will be approximately 1000 additional units built in the Disneyland area. He stated there are 20 to 30 children who live in that area and pass through their complex on their bicycles, skateboards, etc. going to the shopping -650- ~„~, _„ 'Y~ au~u~.~~~.rl~c~.~c_.~t~~.~_.~n~z.~.s~~s.~E~ri~~i_a,~.,_.~sa~___ _______.____. center and park and asked if those children should be going in front of this motel. Ha stated they feel this will decroaae the value of the homas, and he hoped the Commission would help them by denying This request. Mra. 2ato read a statement from Mr.. and Mrs. Leonard .Jones, 1504 West Nottingham, asking why another motel ahou'ld be permitted when the ones on Harbor and Katella are not filled; and they wore concerned that it would attract transients or people who stay there by the week, and will attract prostitutes which is not desirable for a family area; and there are children going to and from school and parka and a motel would attract a bad element to the area. Eileen Sado, 1869 Flippen Drive, stated she has lived there since 1959 and one neighbor recantly sold their property and she thought others would be moving out because they feel their property values would be going down. She stated she wants the neighbors to stay and the neighborhood to be as nice as it is now and that condominiums would be acceptable because of pride of ownership. Mr. Hsu stated he talked to the neighbor directly to the south and she told him to put in a fence and provide a tree hedge and to have no windows facing the neighborhood. He stated he made revisions reducing the motel to 45 units. He stated there is commercial property on the west side of this property, excepL• right next door where there is a single-tamily home. He stated he did not think this would be a residential area; and ~.eferred to the Anaheim Inn which was built about 7 years ago, and is next to a residential area 20 feet from the property line, and they did not provide the 20-foot high trees. He stated he would be spending about $1,000,000 to construct this motel and it will be a first--rate facility and he will guarantee there will be no prostitutes and that it will have first class management. He stated the people in the motel will not see the neighbors because there will be no windows on that side of the motel; that this property is zoned for commercial uses on the Genera] Plan and eventually it will be developed and this motel will protect the neighborhood and would be better khan having an apartment or shopping center. He stated this motel would increase the City's taxes and revenues and it will be quiet and not invade the neighbors' privacy. THi PUBLIC HEARING WAS CLOSED. Commissioner Fel~haus asked how many of the neighbors Mr. Hsu had talked to, and Mr. Hsu responded he contacted one neighbor to the south who would be most affected by this Hotel and the others should not have a problem because they are further away. Commissioner Bouas asked how many units have kitchens. Mr. Hsu responded there will be kitchens in the 2 units where the managers would live and no other units would have kitchens. Commissioner Rouas asked if this mote). would be rented on a permanent basis if it is not successful with tourists. Mr. Hsu stated they do not rent on a permanent basis because those people ruin the rooms. He stated they will have overseas guests and the roam rates could be as high as $90.00 per day. Chairman Masse stated he worries about the land use for a mote]. right against the residential area; and was sure it would be a nice hotel, but he was still -651- ~. MINUTES. AN~iE3.M S..ITS.~A~1.I.~IS.S~'1LSI.4ZL.~EP_~.E.M@F.@.. 4 • 98Z...-. - ---- concerned about the location and did not think it fits in as a good land use and he would prefer condominiums or something else there. Commissioner Herbst agreed and stated he did not like the plan with a 22-foot high building abutting a reeiwouldatekeea longttimohtotroachoalheightcL•otheir lino-af-sight, and the tre uat the wrong place for a motel. provide screening and this is j ACTION: Commissioner Herbst offered a motion, seconded by Chairman Messe and MOTION CARRIED (Comm:ssioner Messe absent) that the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from the RS-A-43,000 (Residential, Agricultural) Zane to CL (Commercial, Limited) Zone to permit a 2-story, 46-uniL• (previously 50 units) motel witacesi(doleted) and maximum fence height (deleted). minimum number of paarcel of land consisting maximum structural height on an irregularly-shaped proximately 132 feet on the of approximately 0.18 acrd, having aroximatelyo655pfeot west of the centerline south side of Katella Avenue and app of Nintt- Street andNpuativo Declaration4upon6findingathataitvhaseconsadered hereby approve lhA 9 the Negatives Declarationerof.indingwonhtheybasiseofstheclnitialuStudytandpanylc review process and furth comments received thafecteon thenenvironmental evidence that the project wil have a significant of Commissioner Herbst offered Resolution Nn. PC87-181 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby deny Reclassification No. 87-88-01 on the basis .it would be "spot xoning" in a residential area. On roll call, the foregoing resolution was passed by thc- following vote: AYES: BOUAS, BOYDSTUN, CARUSILLO, FELDHAUS, H~:RBST, MESSE NOES: NONE ABSELIT: MC BURNEY Commissioner Herbst offered a motion, seconded by Chairman Messe and MOTION CARRIED (Commissioner McBurney absent) that the Anaheim City Planning Commission does hereby deny waiver of Code requirement on the basis that there are no special circumstances applicable to the property such as size, shape, ra h location an~9 surroundings which do not apply to other identically topog P Y lication of the Zoning zoned property in the same vicinity; and that strict app other roperties Code does not deprive the property of privileges enjoyed by P in the identical zone and classification in the vicinity. Commissioner Herbst offered Resolution No. PC87-182 and moved for its passage and adoption thate~metANo e2 201on thenbasgsCit~wouldnadverselyeaffectythe Conditional Use P adjoining land uses, growth and development of the area and be detriments to the peace, safety and general welfare of the citizens of Anaheim. _65.~ . ~. ,"~. On roll call, the foregoing resolution was pattaeQ by tho following votot AYESi $OUAS, BOYDSTUN, CARUSILLO, FELDIiAUS, HERBST, MESSE NOES: NONE ABSENT: MC BURNEY ut Cit Attornoy, presented the written right to appeal Malcolm Slaughter, DeP Y Y the Planning Commission's decision within 22 days to the City Council. ~TRM~0,7- ~.I33_.N.~~.ATiY~-..P~.~~~.8'~.I9~,__R~SLA,S.~~.~'1,~~~.QN. N9~_.83_-$~--..4~_.A~IA YB.QI.L~~JiQ+..-~-~Z2 PUBLIC HEARING. OWNERSt PHILIP W. GANONG, ET AL, 2307 MINClo 17802tSkyr~rk Bakeraf cold, CA 93301. AGENT t SAND DOLLAR DEVELOPbtE*tT, ~ ©rt detsct abed Circle, Suite 109, Irvine, CA 92714, ATTNt JOHN W. UL2,OM. Prof Y as an irregularly-shaped cornar of 6hort~Srreetiand Kell oggXDrivelY6000 North located at the southwes Kollogg Drivo. RS-A-43,000 (Residential-Agricultural) zone ko the RS-5000 (Residential, Single-Family) or a less intense zone Waivers of required lot froeritialasubdivis onlot width to establish a 12-lot, 10-unit single-family reaid of August 31, 1987. Continued from tho meeting There were four persons indicating their presence in opposition to subject request and although the staff report was not read, it is referrod to ^--d made a part of the minutes. Bill Blanchard, agent, stated this is a proposal for reclassification to RS-5000 for a single-family detached nubdiviaion with lanseproposedlfor the 10 residential lots: and that there will be 3 different p residential lots, all 2 ati$YsitegisgdesignatedrmediumOdensity onetheoGe ner al square feet. He stated th Plan and explained the BeioQrtheratreetehaving toualign withithegatreet across of the parcel and becau Rellogq: and that 2 lots are over 7600 square feet. William Manska, 1921 Rellogg Drive, neighbor immediately to the south, stated his property runs the full length of the south border of subject property and it is quite narrow and pie-shaped and is dlieation indicatednthisfprojeet residence. He stated the petitioner's aPP would complement the neighborhoad and provide housing opportunities for the community, but these additional homes would add 2os~oeytre5i~el,cesc along the already bad. He stated the plan proposes five, ert would border adiacent to his property and he did rot think this prop Y compliment the neighborhood and he represents 30~ of the neighborhood; that property to the north is undeveloped and ko the wesrotertre,ltwoaare lOnf set lots. He stated of the five lots adjacent to hisrP ert line and two are at from the property line, one is 12 fee.. from the p P Y about 20 feet from the property line. Iio stated he personally objects for -653- M~~3~T.~E&.._ANt~1~~1._~~xY._P~N~N.o._COC~1.~.ss~ oN..__s~P~~l~t~F..~__l.'.,_.~,98.7 these reasons and to have 2-akory homoa 10 feeC from his wall done upset him and he thought it would be better developed with fewer residences and more land between them, similar to what is existing in the neighborhood. Ho stated this is similar to the development across Kellogg, but not to developments on the other throe boundaries. He staged the petitioner ind3catod the project moats tl~o zoning requirements anA if that ie true, why is the developer requesting waiver's. lie stated two years ago there were 10,000 vehicles per day on Kellogg and ho did not think the additional traffic from this development would affect the traffic aafetyt however, there is mire of n safety question from encoring and exiting the dev©lopment from the cul-de-sec street. No stnted ho has almost bean hit several times turning into his driveway because there is no P++rking lane on Kellogg and both lanes are used by travelling vahiales and iL is a very unsafe for• southbound traffic. He stated there would probably he children residing in those homes and thought i t woul.l not bo safe for them. Fie stated going north theco is a painted island wher9 he can wait to enter his driveway and about ono block south on the opponito side of Kellogg there is another development and whop he pulls into that lane, so do those residents going south to turn left into their residences ar-d on many occasions, they havA had close calla with head on collfsior~a and this development would add to Chat problAm. Mr. Manske stated there are about six homoa across the street t:nd two of those property owners have moved because of the '.raffic on Kellogg and the concern for safety of their childrer_. He referred to the high school which has also taken over a previous elementary school and that has also added to the traffic tremendously. He Stated one reason given f.or the variance was that the street has to bo a.ligned and that wasn't true because the cul-de-sac across the street is exactly aligned with the south border of his property, ao that strR^t is staggerQd and unsafe [or thin project. He stated he has a bermed 6-foot wall, but it i3 lower near Kellogg and asked if the developer intends to build a 6-foot wall and if it is 6-feet high at sidevralk level, it would be more dangerous for him to get onto Kellogg. Ho asked if they will landscape the rear yards would be adjacent to his property lino. He stated he thought this property should be developed with 10,000 square foot: minimum lots. Dick Oehlman stated he liven to the north and west of this pre. ,arty; that he built his project with 8 homes valued in excess of x350,000 to $500,000 and this developer has indicated this project would have minimum or no impact on the traffic and he would not agree with that becatiise traffic is already extremely heavy, adding 10 houses would be adding at .least 20 vehicles. He stated they wish to abandon the front of the property and he felt that would be an eyesore to the City and the property owners across the street. Ho stated the big question is the ingress and egress on the private road which has not bees resolved and it was called Grandview and the County of Orange abandoned it in favor of the City of Anahe?m and Yorba Linda and the City of Anaheim abandon it in favor of Yorba Linda, and the City of Yorba Linda abandon it to the developer who built the tract, so he was not sure who owns the property. He asked if thc, intend to put a wall along the inside of the flood control channel and t2ien abandon that part of the property and he felt if that is the case, it would always be an eyesore. He stated is approved, he would like to see the maintenance perma-.ently on t2~e inside of the drainage -654- MIdSITEs~ ANAH~~CITY PLANKL~S3_~,4I~MISfi~4N~....&F3.TI~.~.~1......1.$.~Z_._._._. ditch or that it possibly ho abcnd~ned to the City of Yorba t,fnda. He stated they do not object to seeing this property developed, but Teel a lessor density would be better and would protect the value of their homes. Frank Coxo stated he owns the property across Grandview fn Yorba Linda to the northwest and northeast and ik fs his understanding that the Commission is to try to make orderly progress and development and when he purchased his property in 1984, he envisioned his dream house being built o~~ that property. He stated neighbors on the Yorba Linda side can not build on less khan 1/2 acre) and that this property is zoned RS-A-43.000 which allows one dwolliag per acre and he did not think it should be kept that way, bu'• that it should be residential estate in conjunction with the other properties. Chairman Messe stated the General Plan calls for low medium density residential. Mr. Coxe stated there was an application last year Lor 26 apartment units, but the owner withdrew the application after learning about the neighbors' oppoait:ion. He stated the variance requested makes a mockery of the RS-500 Zone. He stated he wAUld prefer that situation. Chairman Messe stated this density is one third acrd late. Bill Blanchard stated the first concern was the alignment of the access street and their original proposal had it off set, but the Traffic Engineer would not accept it, their engineers came up with this proposal; regarding the traffic ircreasc, he did not think 10 houses would create •~at muc}~ traffic on Kellogg. Ho stated he thought the density is leas •'~: ~Armitted far medium density and it is vary low with lots ranging in size t. •~ 6000 to 13000 square feet. 'HE PUBLIC HEARING WAS CLOSED. Paul Singer, Traffic Engineer, stated when the applicant brought in the original plan, the access point divided about midway between the two property lines on Kellogg, but due to the necessity to align the street bnd avoid off set intersections, he agreed to locate the street with the centerline to coincide with the street called Paseo de Grace, center to center, and in addition, Kellogg Drive is marked for four travel lanes, plus a continuous left turn lane to facilitate left turns, and additionally, this property owner would put in improvements such as curbs, gutters and sidewalks. He stated currently there are 10,500 average daily trips on Kellogg and the street is capat,le of 28,000 so it is operating at Service Level A. He stated when the high school lets out there are problems; however, the school crossing problem will probably be solved with the installation of a pedestrian over-cross to link the two schools. He stated the SBA-215 funds will be contribur~d by the City of Anaheim toward that project with the City of Anaheim and Placentia School District doing the project. Chairman Messe asked how wide the dedication will be for Kellogg. Mr. Singer stated a 45-foot wide right-of-way is required and it is currently 40 feet. He stated also the traffic generation for a single-family home is 12.5 trip-ends per day, and 8'~ is at peak hour traffic which means 10 additional cars at geak hours and that is insignificant. -655- ~y~S.a_.~N~EIM CITY PLANNING_~Q~17.&,S~.4t3._~pTEMBGR 14. 1Q~.Z Commissioner Herbst asked about the landscaped area. Mr. Blanchard stated it is their intention to dedicate one half the etr eet in the rear referred to as previously drandview to the homeowners who are using it; and there will be a homeowners association responsible for the mai n cenance of the areea next to the street and any other landscaped areea. He stated they will provide groundcovor and irrigation. Chairman Meese asked about ~•he flood control easement. Mr. Blanchard stated that is included in their property and it goes all the way to Gno half the street which is currently paved and there are 8 residences which utilize the street. He stated the flood control property is included in this development and they had to grant an easement to the Flood Control District. Chairman Masse stated there are a couple of "f 1 aq" lots in this development, but he did not think that would be a problem; and that he did not have a real concern with these lots being smaller because they are a nice size; and according to the TrRffic Engineer, traffic is not a concern, and ho would be in favor of the project. Commissioner Carusillo asked if the developer would minimize the privacy problem for the neighbor to the south and Mr. Blanchard stated he would bo happy to meet with that neighbor to see what can be done. ACTION: Chairman Masse offered a motion, seconded by Commissioner Bou^s and MOTION CARRIED (Commissioner McBurney absent) that the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from the RS-A-43,000 (Residential, Agricultural) to the RS-5000 (Residential, Single-Family) Zone to establish a 12-lot, 10 -unit residential subdivision with waivers of required lot frontage with minimum lot width on an irregularly-shaped parcel of land consisting of approximately 2.3 acres located at the southwest corner of Short Street and Kellogg Drive and further described as 6000 North Kellogg; and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process and further 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. . Chairman Masse offered Resolution No. PC87-1 83 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby grant Reclassification No. 87-88-03 subjec*_ to Interdepartmental Committee recommendations. On roll call, the foregoing resolution was passed by the following vote: AYES: BOUAS, BOYDSTUN, CARUSILLO, FELDHAU S, HERBST, MF,SSE NOES: NONE ABSENT: MC SURNEY Chairman Masse offered Resolution No. PC87- 1 84 and moved for its passage and adoption that the Anaheim City Planning Comm lesion does hereby grant Variance No. 3679 on the basis that there are specie 1 circumstances applicable to the property such as size, shape, topography, 1 o cation and surroundings which do -656- *:, _- 1'~, PLANNINSt,S.QMM~.&,S,T~4131 SBpTE..1!}~..1987 not apply to other identically coned proporty in the samo vicinityt and that strict application of the Zoning Cade deprives th-~ proporty of privileges onjoyed by other properties in the identical none and classification in the vicinity and subject to Interdopartmental Committee recommendations. On roll call, the foregoing resolution was passed by the following vote: AYESs BOUAS, HOYDSTUN, CARUSILLO, FELDliAUS, HERBST, MESSE NOESs NONE ABSENTS MC GURNEY Malcolm Slaughter, Deputy City AL•torney, presented the written right to appeal the Planning Commission's decision within 22 days to the City Council. Chairman Mesas stated the petitioner should get togother with the neighbor to the buuth. I~~I~i4.~~ EI~NEGA~.~.YF~~.~B~l:CIS?~.,~N.F,~CbA&.S.iEIC~.T~3ON .Ho_~7=9$=..14_A.I3P PUBLIC HEARING. OWNERSs RONALD THOMAS BOSWELL, 2033 Parkridge, Norco, CA 91763. AGENTS KAFAT SAMAN, SAMAN CONSTRUCTION COMPANY, 1240 N. Van Buxen Street, rY1O1, Anaheim, CA 92807. Property is described as a rectangularly-shaped parcel of land consisting of approximately 0.78 acre, 2011 and 2017 West Hall Road. RS-A-43,000 to RM-1200 or a leas intense zone. Waivers of minimum building site are per dwelling u:~it, maximum structural height and maximum site coverage to construct a 34-unit affordable apartment complex. Continued from the meeting of August 31, 1987. There were sixteen persons indicating their presence in opposition to subject request and although the staff report was not read, it is referred to and made a part of the minutes. Kafat Saman, agent, presented revised plans reflecting the Planning Commission's recommendations and stated this revised plan was to satisfy most of the requirements raised by the owners of the single-family homes to the east. Fie stated the revised plans deletdd two units which were located ?0 feet from the east progeny line, so the total number of units is 32 instead of 34, and noted 28 are permitted and that 4 units are being requested as a density bonus, He stated they have relocated the building 4 feet to the west so the building is 61 feet from the east property line rather than 54 as originally proposed. He stated also they have relocated the trash containers from the east side of the driveway to the west side, 45 feet from the property line. He stated they eliminated the 4 open parking spaces to alleviate the noise concern of the homeowners and that the pool and spa on the east side has been moved 24 feet. He stated he called two neighbors on the east side and left messages with Mrs. Tran and offered to meet closer to their home and also talked to the other Mrs. Tran and explained the revised plans regarding -657- M~~ILLTES...~~.IM_Z.~.T.]C...~.~A~3t~i.~~.i~~.S.Sl~4N._..$~.P,.~E.Mti~l3.~9.,~1.9@?_ ._____.._._.._..___ relocation of the trash and noise and the 4 parking spaces being relocated and she indicated ahA would review the plena herself at thA Planning Department, Pam Tran, 955 S. Agate, stated thA developer wanted them to meet him 3.n Anaheim Hills, and they do work during the day and could not meet him at 7100 p.m. in Anaheim Hills. ShA stetAd he did call her about the changes, but she did nc~t have time at that moment to meet with him and that she told him she would still prefer to have a 150-foot setback as required in the Zoning requirements. She stated he said the 50 foot is the policy and she told him she did not boliev9 that because she had a copy of the Zoning, Chapter 18.34.34. She stated she told him she highly objected to the trash cans that close to her property. ShA presented a written copy of her presentation and presented an additional petition with 10 signatures to add to the 80 signatures previously submitted. She indicated her concerns as: (1) the four churches in the area, (2) the staff report mentions only one school, but there are throe schools, (3) the staff. report indicates no significant environmental. impact, and she referred to Exhibit A showing the density in the area and added she thought it would have a significant impact on the environment, (5) that the General Plan a.llowa 28 units and they feel this proposal would bring in a higher density, (6) they feAl anything exceeding 2 stories is against Chapter 10.34 and deprives them of their sunlight and would ruin their gardens, etc. (7) that any setback less than 150 feet from their property would deny them privacy and peace. She stated the zoning permitted by Chapter 18.34 is more than sufficient for this property and they are not against the development of this property, but want the Commission to consider their concerns and grant only what is allowed. She stated they would like the Commission to requirA the relocation of the trash area away from their property lino. Don Haiker, 939 S. Agate, stated Section 18.34.010 describes the purpose of the RM-1200 Zone and says it is intended to provide for an orderly development of medium density residential areas and further to maintain and enhance their living environment characteristic consist with the established community valuAS. He staL-ed the existing housing structures adjacent to this property are all single-story dwellings and the apartments further down across the church parking lot are all single story and ha did not see putting a 32-unit apartment complex in their backyards, and none of them would have purchased their single-family homes if they had multiple-story apartments in their backyards and permitting this will devalue their properties and set a dangerous precedent for future development. He stated the b~rilder wants the Code waived so he can profile, but he is not giving the neighborhood anything other than a structure that does not meet minimum Codes and increases the number of people on the property greater than allowed by Code and increases the noise and trash. He stated his wife experienced loud music in the parking lot of the bank next to a multiple-family complex on Brookhurst on Friday and the sound does carry and she could not hear the traffic on Brookhurst. He stated they are also concerned about the noise of an underground parking structure. He referred to the staff report which indicates that if something like this :a approved, it could be done again. He stated he looked up and down Ba and d.id not see a 3-story apartment complex abutting single-i ;nmes. -658- '4'~ ~~~gl~.agElk1. C_,I~Y PLA_NNI~~..S.4MM~~.S.I9I~1_~,E.T~M~i_~.9~..._~,4.$Z..._.__._____._____ He staked this is a residential neighborhood end the Code is to protect the peop]e of Anaheim and if it can be waived to assist the developer Taking a profit, then it should not be waived to protect property owners as well. He stated the developer will not live in this area and they were Chore first and would like to keep their neighborhood the way it i.s. William Spehn, 1772 Alomar, stated he is mainly concerned about tY:e typo of structu:•e because he is closely associated with the church and school and 6a11 Road previously had a drainage problem when it rained end he was concerned about Cho subterranean garage with flooding. Ne stated his pastor was also concerned about the high density apartments and felt a normal density complex would be bettor because they have had circumstances of trespassing and vandnliam because of the high densiL'y. Ha stated he would not want to have a large apartment complex adjacent to his single-family dwelling. Pam Tran, 591 S. Agate, stated she did not meet the developer because she had to work until B:00 o'clock at night and Mr. Naiker met with him and relayed the information. She stated the developer said he could not lower the height of the building. She stated a 3-story building right behind her k+ack yard would bo like a prison, and stated she felt there would be an increase in litter, and the crimp rate) and property values would go down. She asked if L•he taxes would be decreased for the residential area if this is approved. She stated ahu would wRnt the setback to be 150 feet. Mr. Semen stated reyarding the 50-foot setback for a 2-story building, he had mentioned to the neighbor it was the policy for o 20-feet of landscaping and that this has been approved for 50 feet, but they are putting in 61 feet and the policy mention©d was the greenbelt between this project and the single-family homes. He stated they relocated the trash area and it is 45 feet from the property line and kheir house is 25 feet from that side so there would be a distance closer to 70 feet and he did not think it would be a health hazard. Regarding density, ho atate8 the number of units was reduced, not because of the height, but to stay away from the single-family homes with 1-story buildings. He stated they do not have 3 stories, but have 2 stories 25 feet above grade and a partial subterranean garage, but the actual height of the building above grade is 21 to 25 feet. He stated Choy are requesting a waiver based on their agreement to provide units for medium or low income families. Ke stated there will be a mechanical pumping system to take care of the drainage in the garage and that will be approved by the Engineering Department. THE kUBLIC HEARING WAS CLOSED. Commissioner Messe stated a lot was said about the density of the project and wanted to explained that the State mandates that the City has to give the density bonuses if the developer offers units that are affordable. Commissioner Feldhaus stated on August 31st the Commission asked the developer to meet with the property owners and work out some of the problems and it bothers him to hear the neighbors say they did not have time to talk to the developer and one neighbor said the developer's mind was made up and she did not talk to him and they indicated they could not get off work to meet with -659- M~ISIT~S..~~.IM GI T.~C_PI~b~1N~NS~.. C4J!~I,.&&~.4N...._~Y.T,~MAF..II_~.4..J.993_Y. the developer, yRt they could get off work to come to these meetings. He explained ho is not criticizing them, but it does bother him because he would like to have people talk to each other and alleviate some problems. Commissioner Bouas pointed out the developer should have gone to them with pl~.ns rather than asking them to come to him in Anaheim Hills. Commissioner Herbst stated the Planning Commission has had meetings with the City Council regarding the 150-foot sothack and decided rather than changing the CodR, to look at each project and over the yo;•ra the Planning Commission has granted projects closer than 150 feet anti City Council has actually granted units as close as 50 feet. He stated th=s developer has met almost everything the Commission has requested and has relocatdd the building, trash, the pool and spa area and this property is zoned for multiple-family uses and is a 2-1/2-story building, but khe height does not exceed what a 'l-story, single-family residence would and that- residence could bo much closer. He Stated as far as he is concurnod and in looking at that property, it meets all that has boon requested, plus the State mandated requirements far affordable housing. He stated ho foals this is a good project and that he has always tried to protect tt~o homeowners' rights and has always insisted on the buffer zones to protect the reside~~ts. Chairman Messe stated he now agrees with the project because of the revisions and felt it has answered the initial requir.emonts for the homeowners. He stated the project is misleading by calling it 3 stories and thought it does protect the single-family residences to the east. Commissioner Carusillo agreed that this developer has done everything he could to mitigate the concerns and has a right to develop this property within the boundary of khe Code. Chairman Messe stac~~d the wc,ivers ~,re mostly because of the 25°~ density bonus. Commissioner Feldhr,,,s stated this developer could not be responsible for what is happeninri in the church parking lot and the loud music from the apartment complex is a Code Fnf.orcement problem and not the responsibility of an individual developer. Chairman Messe asked if there is a signed agreement with the Housing Authority. Debbie V~gts stated there is a 20-year agreement to provide three units at 10~ t;o low .income families at 50'~ of the median. ACT ONt Commissioner Bauas offered a motion, seconded by Corrunissioner Herbst and MOTION CARRIF,D (Commissioner McBurney absent) that the Anaheim City Planning Commission his reviewed the proposal to reclassify subject property from the RS-A-43,GU (Residential, Agricultural) Zone to the RM-1200 (Residential, Multiple-Family) Zone to construct a 32-unit affordable apartment complex under authority of State Government Code Section 65915 with waivers of minimum buil~iit,q sit-.e area per dwelling unit, maximum structural height and maximum sirs coverage on a rectangular"ly-shaped parcel of land consisting of approxi :, P.c~ly 0.78 acrd, having a frontagA of approximately 212 feet on the north ::ici~ of Eiall Road and further described as 2011 and 2017 West Ball Roads and d~~es hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration togeL•her with any comments received during the public. review process and further finding on the basis of -660- M.i.NllT_C,~S.._.AN~..~-M ~I~Y._LL~~T?.~NG_G.9~tI&S_xQtt,~Ft~~~bA~R__1.?l,.-_-]~~8.7_.___..~-------------_----- the Initial Study and any comments recei~~ed that there is no substantial evidence that the project will have a significant effect on the Anvironment. Commissioner Bouas offered Resolution No. PC87-185 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby grant Reclassification No. 87-88-10. On roll cell, the foregoing resolution was passed by the following veto: AYES: BOUAS, BOYDSTUN, CARUSILLO, FELDHAUS, HERBST, MESSE NOES: NONE ABSENT: MC I:URNEY Commissioner Bouas offered Resolution No. PC87-186 and moved for its passage and adoption L-hat the Anaheim City Planning Commission does hereby grant Variance No. 3691 o:i the basis that there are special circumstances applicable to the property such as size, shape, topography, location and surroundings which do not apply to other idont-ically zoned property in the same vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity and subject to Interdepartmental Committee recommendations. On roll call, the foregoing resolution was passed by the following vote: AYES: BOUAS, BOYDST[IN, CARUSILLO, FELDHAUS, HERBST, M€SSE NOES: NONE ABSENT: MC BURNEY Malcolm Slaughter, Deputy City Attoc•ney, presented the written right to appeal the Planning Commission's decision within 22 days to the City Council. ITEM NO,~. EIR NEGATIVE DES R I 1~(,g~.~V, APPROV~QZ, WAIVFi?_9~~Q,Q~ R_EQ+.I7Z~,R~FMENTIPREV . APPROVEp.j_AND CONDIT . A ~ SSE PERMIT ~1.QL.2~t,Q~ ( REV . N0. 1 S~LIILV i~ PUBLIC HEARING. OWNERS: THRIFTY OIL CO., 10000 Lakeview Boulevard, Downey, CA 90240. AGENT: CIRCLE K CORPOKATION, 17781 Cowan Street, Irvine, CA 92714 and TAIT 6. ASSOCIATES, INC., 900 Orangefair Lane, Anaheim, CA 92801. Property is a rectangularly-shaped parcel of land consisting of approximately 0.56 acre located at the northwest corner of Lincoln Avenue and Dale Avenue, 2801 West Lincoln Avenue. Request for approval of revised plans (Revision No. 1) to permit a convenience marxet with gasoline salas and off-sale beer and wine. ANTI N: Commissioner Bouas offered a motion, seco:ided by Commissioner Feldhaus and MOTION CARRIED (Commissioner McBurney absent), that consideration of the aforementioned matter be continued to the regularly-scheduled meeting of October la, 1987, at the request of the petitioner in order to prepare revised plans. -661- MI~1i~F.&....I~N.1~3~~I~L~.~.TY..,.PG_t~.S~ C4MkfS.S~3.4N~~~.T~M~.F~..~.4.__~9.~.?_. TTE~______N0._.1_4. F.Ix~AT3y~..~.~~LAFiA1IQN-..._.B.~GLAS.S.~.~L~~a:iQti.s19,_.~~-~@~.3.~._ANp y~ANCE N4.L_..3.4Q.T. PUBLIC HEARING. OWNERSs YOSHIRO YAMANE, 2675 W. Ball Road, Anaheim, CA 92804 and WILLIAM ROBERTSON, 2775 W. Ball Road, Anaheim, CA 92804. AGENT: HUGO A. VA2QUE2, 2240 W. Lincoln Avenue, Anahoim, CA 92805. Proporty described as a rectangularly-shaped parcel of. land consisting of approximately 1.79 acres, 2767, 2775 and 2785 West Ball Road. RS-A-43,000 to RM-1200 or a lass intense 7.OnQ. Waivers of (a) minimum bu.ildinq site area per dwelling unit, (b) maximum structural height, (c) maximum sits coverago, (d) minimum sideyarcl setback and (e) minimum structural setback to construct a 3-story, 77-unit affordable apartment complex. There was no one indicating their presence in opposition to subject request and although the staff report was not read, it is referred to and made a part of the minutes. Fiugo Vazquez stated on January 19, 19b7, a project on a 1.78-acre parcel was approved located at 2775, 2785 Ball Road, with 250 feet of frontage on Ball, and also at. 910 and 920 Dale Avenue as joint venture partnership and obtained the approval for 72 units. Fie explained the next door neighbor has decided to sell her property at 2765 Ball Road and this request is to incl~,de that additional parcel. He stated they had sufficient parking for the 72 units approved but would be lacking a few spaces for this new parcel because of the ,iarrowness of the parcel and Planning staff recommended the two parcels be joined as one project on Ball Road. He pointed out tho major portion of the plans before the Commission was previously approved for 77 units on the two parcels. Chairman Messe clarified the 44 units at 2775 Ball will be joined with the project at 2765 Ball Road for 33 units, or a total of 77 units, and that does not affect the plans for 28 units on Dale which has bean approved, and the tota'1 is 105 units. He also clarified that no parking has been lost on the first parcel by what was done on the second parcel. Greg Hastings, Senior Planner, stated staff has recalculated the entire project and counted 106 units and the previous approval was for 72 units, so now this adds 34 units on the easterly parcel. ne stated it appears they are 9 parking spaces short on the entire project, with 256 proposed and 265 required, if t'tsere are 106 units and if there are 105 units, 262 would be required, with 256 proposed. He stated staff calculated the numbers at are 29, 43, and 34 and Mr. Vazque2 stated there are 28, 44 and 33 - 28 on Dale, and 44 on Ball Road for 72 units, and they had 9 extra parking spaces when that was approved and they are on the 34 unit project on Ball Road. He stated the whole rationale was because of those 9 extra parking spaces under the 44-unit building. Mr. Vazquez stated the project consists of 2- and 3-bedroom units from 877 sq. ft. to 1,188 square feet; that ihd units will have 9 and 10-foot high ceilings -662- ,v .;.,. ..,.,.~ r ..,.,.,., r ,,r._. _.,. r .. ,.,,,.,: r .,, ,, ,,..., ~. t ~ "~ r1s~.sN~J,r~_~.~~~.~.~~N~s4rs~.~~N `_ s?~~~~.a~~_~~...~.g.~.~. on the first level and vaulted ceilings on the second level bc!cause the tenants re~l~hianisyatauporioreproductnbecau~seaofithesdesignaof theeroof and portray an the design of t]~e building. Mr. Vazquez stated they have central courtyardo ectsandother.oewillibo anpooo feet between Mrs. Yamane s property and the p j and spa area incorporated. Ne stated the project wil] actually ac t• as one complex; and that he d]~1 discuss that with the Traffic Engineer and his concern was access from Dale and $al] Road. He added they have entered into an affordable housing agreement for this project and thauyht, they would look at this as a "flagshePeXposuretonoL•he future developments in the City. He stated with this typ p thoroughfare, there is a tremendous opportunity to advertise themselves for L•he future decisions on projects the Commission will be considering. THE PUBLIC HEARING WAS CLOSED. Greg Hastings stated 72 units were approved with ]82 parking spaces, andonlBhis required, so there was an excess of 2 spaces; and the proposed parking project is 74 additional spaces with an additional 34 units. Mr. Vazquez stated if there is not sufficient parking spaces for the 28 units, ho would reduce the number of units accordingly, so there abut theypwiling waiver required. He stated these are separate structures, intertwine and they will have one access, and the 77-unit povided theretagd alone, and the 28-unit project could be sold separately, p sufficient parY.ing. Greg Hastings stated that would reduce the total project to 102 units. Mr. Vazquez stated Greeduce the numbertofaunitsetoacoincidepwitheCodes not catch, and that he will r Commissioner Herbst asked where the 4-foot setback proposed is located. Mr. Vazquez stated that is between the two buildings. Responding to Chairman Meese, Debbie Vagts stated the petitioner signed an agreement on the 77 units, but due to the confusion on this project, one was not prepared for the 28 units, but that would be three units which is 10'b and 8 units fo., the 7? units for a period of 20 years. Mr. Vazquez stated it is 10 years in the agreement, and Ms. Vagts stated the letter does say 10 years, or as approved by City Council and Planning Commission. It was noted 20 years is normally approved. Commissioner Herbst asked if the projects could be sold separately. Mr• Vazquez stated that is a possibility, but the 77-unit project has to be sold as one project, and the 28 could be sold separately. He stated it takes 3 months for a parcel map to be processed and they would be begtonsign a consL•ruction prior to that, so they worked out ~n agreement, covenant holding the whole 105-unit project as one until a parcel map is filed. -;i63- MiN.uT.~.S...._~!Al3.~I MS ITY__E.L~ANNl.~.S__EQL~~S.S IrO.~..__~I?T.~MI~ ~R _I.4..__~ 9 QT. Commissioner Herbst stated that would make a differonra in his consideration aE the setback between the two buildings; that he would have no problem with it being ono, but if they were sold individually, the 1-foot area would not be sufficient. Mr. Vazquez stated they have given up the .idea of trying to sell the 7'l unite on Ball Road for anything but one project. He stated they were doing everything in order to be able to loll them separately, but have since found out that is not possible and explained they had planned to record a covenant to use the parking spaces next door and that is not a possibility. Jay Zitus staL•ed Condition No. 2 of the Reclassification is not correct and the standard street improvement condition for improvements on Ball Road should have been included, and that security should be posted prior to introduction of the ordinance and construction to be completed prior to occupancy. Greg Hastings stated Condition No. 4 should also be clQleted, since it would terminate the first. approved project. Paul Singt~r stated a condition should he added that a reciprocal access agreement be recorded between the properties connected with the underground parking structure in case they are sold separately. Commissioner Bouas asked if that would take care of the situation if the pei~al on Hale was owned by one person and the one on Ball by anothas thesohad full circulationonded that would not make any difference, as long Y Commissioner Carusilio asked how the free flaw of circulation could bo assured if they were owned separately. Mr. Singer explained tt~e covenant would be recorded and it would be on the Policy of Title Insurance. Greg Hastings explained Condi.tior~ No. 10 would cover that situation. Mr. Singer stated that is not uncommon and has been dare on other properties and is unique only because of the underground parking. Hugo Vazquez stated there would be a recorded covenant against the whole property and to have a reciprocal parking agree^-ant would not work if one owner put a fence between the two. He stated it is a Code restriction that he cannot borrow residential parking spaces from a neighboring property. ACTION: Commissioner Boydstun offered a motion, seconded by Commissioner Herbst and MOTION CARRIED (Commissioner McBurney absent) that the Anat'.eim City Planning Commission has reviewed the proposal to reclassify subjert property from the RS-A-43,000 (Residential, Agricultural) Zane to the RM-120G (Residential, Multiple-Family) zone to construct a 3-story, 77-unit "affordable" apartment complex under authority of State Government Codo Section No. 65915 with waivers of minimum building site area par dwelling unit, maximum structural height, maximum site coverage, minimum sideyard setback and minimum structural setback on a rectangularly-shaped parcel of land consisting of approximately 1.79 acres having a frontage of approximately 250 feet on the north side of Ball Road, approximately 210 feet east of the centerline of Dale Avenue and further described as 2767, 2775, 2785 West Ball Roads and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received -664- J M~IU.T~6~.~AH~.I.t~S~.i2aL.P&~...~1~I~.~ SOMM~.S.S~.._SFE~M~F~R._ x.9..__1,9 QZ..~_.._____.__.__ .~..___. during the public, review process and furkher 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 Boydatun offered Reclassification No. PC 87-187 and. moved for its passage and adopL•iou that the Anaheim City Planning Commission does hereby grant Reclassification No. 87-88-12, subject to Interdepartmental Committee Recommendations, including deletion of Condition Nn. 2 and the additional condition requiring standard street improvements on Ball Road, and the deletion of Condition No. 4. On roll call, the foregoing resolution was passed by the following votes AYES: BOl]AS, BOXDSTUN, CARUSILLO, FELDHAUS, HERBST, MESSE NOESs NONE AB5ENTs MC BURNEY Commissioner Boydstun offered Resolution No. PC87-188 and moved for its passaye and adoption that the Anaheim City Planning Commission does hereby grant Variance No. 3697, on the basis that there are special circumstances applicable to the property such as size, shape, topography, location and surroundings which do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning Cade deprives the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity and subject to Interdepartmental Committee recommendations, including and an additional condition requiring a covenant be recorded granting reciprocal access and the modification of the number of units to coincide with Code required parking spaces, with no parking waiver being granted. Mr. Vazquez asked if he could move units to accommodate no parking waiver, explaining he is thinking that if he has sufficient area for parking on the Ball Road property, he could he move units to that project. Commissioner Herbst stated it was stated there is sufficient parking under aach complex to taka care of that project and the requirement is that the parking requirements be met for each building. Chairman tdessae asked if there will be on-site management on both projects. Mr. Vazquez referred to the rendering and btated he will be coming in with another variance at a later date regarding this project. ?;a stated he wanted to make this a project that would be the "premiere" project in Anaheim; that the rendering to the riyht depicts the plan before the Commission today and in the front there is a blank wall between the two garage areas and the other rendering shows the storage area on the plans which is not needed and which will be incorporated as a lobby area costing close to $50,000 to make the 28 units and 77 units act as one complex, similar to a hotel entrance with a front lobby, doorman, etc. He stated the only variance would be the entrance in the 20-foot setback, and explained right from the car a gerson could ring the bell and ask if a person is there. Fie stated if the 28-unit project fs sold, it would be up to the new owner if he wants that type service and if not, it would have i.ts own entrance and access. -665- x i M];.L~IJ.~k&..__~IAI~~~IrL.~..~~_1?~•ANNZI~G_~.QMMt~.S.~.O.N~~~P~.~M:~~li__~,~_~_.~,.9 ~1.Z. _..___.___ Chairman Messe clarified the resolution offered .includes a signed affordable agr©ement, a reciprocal access agreement to bo recorded, and that there is going to be on-alto management for bokh projects. Commissioner Bauas asked if all the trees shown on the drawings will be planted and asked if extonsiv~ landscaping will be done. Sho stated the drawings always show a lot of landscaping and the projects Hover seem to look like the drawings. Mr. Vazquez there will be oxtenaive landscaping, but the City specifies the types of trees. Chairman Messe staL•od this resolution will include all the verbal things agreed to today. On roll call, the f~rogoing resolution was passed by the following vote: AYES: BOUAS, BOYDSTUN, CARUSILLO, FELDHAUS, HEROST, MBSSE NOES; NONE ABSENT: MC Bl7RNEY Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal the Planning Commission's decision within 2?. days to the City Council. ~?.~M NS2_L_.~.~: ~IIt N~SrAT.~V~.P~kA~?A_T_.~_91?._.Rk~~T~~+S~.i.F~~?~~'14N._N4,.__$7_-~~1~.__.~~±i_~~i~ 4F _~9P_~ F2EQ~IIR.EMENT._ANP~~Nd7,~~.QNAj~__u~~.~'_~RMIT__N_Q,__z.9'~_~ PUBLIC HEARING. OWNERS: RIC4iARD GARDNER, 510 aluemount Street, Laguna Beach, CA 92651 AND MARY E. MC RILL AND ALICE JANE LAMBERT, 121 F.. Ponderosa Lane, Anaheim, CA 92802. AGENT: PIERRE CES, 385 Bayside Dr., Long Beach, CA 90803. Property described as a rectangularly-shaped parcel of land consisting of approximately 0.45 acre, 1777 W. i.a Palma Avenue. RS-A-43,000 to CL or a less intense zunu. To permit a self_sorvice car wash with waiver of maximum width of vehicular accessway. There was one person indicating his presence in apposition to subject request and although the staff report was not read, ik is referred to and made a part of the minutes. Philip Ces, 385 Bayside Drive, Long Beach, stated this request is for a self-service car wash and explained they have been involved in the car wash business nor nearly 15 years and currently operate three in Long Beach; that this interest stemmed from the need to wash recreational vehicles at a self-service facility and this car wash will accommodaL•e both cars and recreational vehicles a:.d is done by having wider bays including a stepped catwalk so owners can reach the top of the vehicles. He stated this would apply to trailers, recreational vehicles, boats, trucks, etc. He explained this facility will have the latest and most reliable equipment available in the industry; and that they supply high pressure for better results, spot free rinse and high power vacuums. He stated pressure release: wands are used to clean the vehicles and in order to activate the wand, the -666- t MiLRIT.E.S.~. ~-A-H~IM~S.~~X_PGANN.I~G.S.QMM.~T~.~.9N.__.S.~,PT.~MtI~R_._.14.,.~_.~29Z user must consciously squooao the trigger and once it is re]eaaod, the pressure will stop and thaL• eliminates eny possibility of unwantod pressure. Lewis Uisinger, 1815 W. La Palms, stated st the present kimo thorn are three car washes near or on C.a Palma, one on tho corner of F3rookhurst, and f,a Palma, and ono at Harbor and La Palma, ~ncl one just around the corner at Glen and Euclidi that tho traffic count .hero is 20,000 per day but most people are coming and going to work, and sometimes traffic is backed up for half a milo from Servite High School tv Euclid. He stated the ingress is easy, but ho Aid know how traffic is going to exit, and asked if it will be to the alley in the roar and if that is so, it will. increase the traffic and a signal might be required. Mr. Cos stated one concern was other car washes in the aroa and threo were cited and two of thorn aro self-services and not in their area of compQtition an the other one is a full service but it is not in competition to the self••service car wash and, in fact, self service for that cornrnunity is probably morn appropriate. He stated the tratfic flow on La Palma is actually very smooth and there is no stoppago in either direction and they have good ingress, and th-~re is a painted island so a car can stop and make a turn into tho car cash. He stated egress is out the back to the alley and onto tho street and there is plenty of time to look both ways and exit onto La Palr~~a and he did not think those are real concerns. 'THE PlJAL1C HEARING WAS CLOSED. Commissioner Feldhaus asked if the alley is open ell tho way to Euclid going east. Mr. Ces stated it does open out onto the small street, turning left at Nurseryland, and right on Glen and then out to Euclid. Commissioner Feldhaus determined there will be six washes and the turnover is approximately 300 vehicles per day. Commissioner Herbst stated this plan shows they will be open until 11 p.m. and was concerned about nois•~ from thu vacuums, and as~ed what the decibel reading would be at the property line. Mr. Ces stated he did not know the exact decibels, but thoy are very quiet and are tl7e latest in equipment. Commissioner Herbst stated at night the ambient level is down and he was concerned because this dons back up to houses across the alley and it could be problem, even if there was just a hum. It was noted garages are adjacent to the alley. Responding to Chairman Messr., Mr. Ces stated the motors are 1-1/2 horsepower which operate the vacuums and they are acoustically dampened. He presented the brochure on the vacuums. He responded the facility would be comparable to the facilities at Wes t• and Lincoln or Harbor and La Palma and, in fact, he thought they would be quieter. Chairman Messe asked if there is a utility pole in the center of thu property which has to be moved. Mr. Ces stated there is a pole in the front which will have to be moved for the driveway. -667- M~~tU~.S...__.~~I1~3~i. C.I.TY~ei.AN~IIx?4 ~C9~IS&.~QN.__.S~E'x.t*1~~8_._19~..._~,9~.7.._ A~~: Commissioner Bouae offered a motion, seconded by Commieaioner Herbst and MOTION CARRIED (Commissioner McBurney absent) that the Anaheim City Planning Commission hes reviewed the proposal to reclassify auhject property from the RS-A-43,000 (Rosidontial, Agricultural) Zone to the CL (Commercial, Limited) 7.one to permit a sel[••aervicea car wash facility with waiver of maximum width of vehicular nccoaaway on a rectangularly-shaped parcel of land consisting of approximately 0.45 acre, having a frontage of approximately 150 feet on the north lido of La Palma Avenue, approximately 1,000 feet west of the centerline of Euclid Street, and further described as 17%7 Wess. La Palma Avenue; and doers hereby approve the Negative Declaration upon finding tt:at .I.t hes considered the Negative Declaration together with any comments rec:eivod during the public review process and further finding on the basis of the Initial Study sad any comments received that there is no substantial evidence that the project will have a significant affect on the environment. Commieaioner Bouas offered Resolution No. PC87-189 and moved for its passage and adoption that the Anaheim City Planning Cummission does hereby grant Roclaaaif.ication No. 87-88-13, subject to Interdepartmental Committee Recommendations. On roll call, thA foregoing resolution was passed *~y the following vote: AYESs $OUAS, BOYDSTUN, CARi1SILL0, FELDHAUS, NEREiST, MFSSE NOES: NONE ABSENT: MC BURNEY Commieaioner Bouae offered a motion, seconded by Commissioner Boydstun and MOTION CARRIED (Cammiasianer McBurney absent) that the Anaheim City Planning Commission does hereby grant waiver of code requirement on the basis that there are special circumstances applicable to the property ouch as size, shape, topography, location and surroundings which do not apply to other identically zoned property in the name vicinity; and that strict application of the Zoning Code deprives rite property of privileges enjoyed by other properties in the identical zone and classification in the vicinity. Commissioner Bouae offtired Resolution No. PC87-190 t+nd moved for its passage end adoption that the Anaheim City Planning Commission does hereby grant Conditional Uses Permit Nay 2945, pursuant to Anaheim Municipal Code Section 18.03.03.030 through 18.03.030.035, and subject to Interdepartmental Committee Recommendations. On roll call, the foregoing resolution was passed by the following vote: AYESt BOUAS, BOYDSTUN, CARUSILLO, FELDHAUS, FiERDST, MC BURNEY, MESSE NOES: NONE ABSENTt NONE Malcolm Slaughter, Deputy Cfty Attorney, presented the written right to appeal the Planning Commission's decision within 22 days to the City Council. -668- ~~ M i ~III~~&..~_AttAH~~M_..~iTX_..PJ.AH2i.Iii.G_...~S~NMIS.S.~QK.__SR~~.SMRSR..19~. _.1.9.8..1. ,a,~TjQR: Commiaeionor Bouas offered a motion, seconded by Cosnmissionor Narbst and MOTION CARRIED (Commissioner McBurney absent) that the Ana'noim City Planning Commission has reviewed the propaaal to reclaaaify subject property from the RS-A-43,000 (Reaidantial, Agricultural) 'Lone to the Ci. (Commercial, Limited) Zone to permit a calf-service car wash facility with waiver of maximum width of vehicular accesaway on a rectangularly-atsapod 6 ~rcol of land consisting of approximately 0.45 acrd, having a (rootage of approximately 15b feet on the north aide of La Palma Avenue, approximately 1,000 foot went of the centerline of Euclid Street, and further described as 1777 Woat La Palma Avenue( and does hereby approve the Negative Declaration upon finding that it has conaiderod the Negative Declaration together wins any comments received during the public review proceaa and further finding on the baaia of the Initial Study and any comments received that there is no aubatantial evidence ttsat the project will have a significant effect on the environment. Comnsiarsioner Bouas offered 'deaolution No. PC87-189 and movacl for i.ts paasago and adoption that the Anaheim City Planning Commission does hocAby grant Raclaasilication No. 87-88-13, subject t.o Interdepartmental. Committee Recomrnondations. On roll call, the foregoing resolution was passed by the following votes AYES: BOUAS, BOYDSTUN, CARUSII.I.~, FF.i,DHAUB, HERBST, MESSE NOES s NOttE ABSENTS MC BURNEY Commissioner BouaB offered a motion, seconded by Commissioner Boydatun and MOTION CARRIED (Commissioner McBurney absent) that the Anaheim City Planning Commisai.on done hereby grant waiver of code requirement on ~.~e basis that there are special circumstances applicable to the property ouch as size, shape, topogrs+phy, location and surrosindinga which do not apply to oL•her identically zoned property in the same vicinity( and that strict application of the Zoning Code deprives the property of privileges enjoyed by othnr properties in the identical cone and r.lasaification in the vicinity. Commisei~ner Bouas offered Reaolutiv~, No. PC87-190 end moved for its peasage and adoption that the Anaheim City Planning Commission dose hereby grant Conditional Uaa Permit No. 2945, pursuant to Anaheim Municipal Coda Section 18.03.03.030 through 18.03.030.035, and subject: to Interdepartmental Committee Recommendations. On roll call, the foregoiny resolution was passed by the following vote: AYESs BOUAS, BOYDSTUN, CA~U5tLL0, FELDHAUS, HERBST, MC GURNEY, MESSE NOESs NONE ABSENTS NONE Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal the Planning Commission's decision within 22 days to the City Council. -668- ~. M~11J.~,4..~K~.ZM..~I,'~X_T'1~N~1..IL~G ~.4Mi~Sa~9IL-.-.&.~~~.MFi.E.~.!~_..I.S~Z._ ITF~M~1.Q,.~ F~B_J39.~3_i_L@BAY.,~i.~.J.1__R~SI~A&.~IF.LG~T.~.S?~...CQ+ e -~~=-~SY-~~ 4~ C.44~1iF~113.~M~ ~S4TIp~.4N1~~e--_IISF.-PEghLT N0. ~.4.4.~1~.T~ ~~.LS2~'M~.~I~~SB~~ ~tQ,.__9_Z-_4.1. 9300 Wilshire PUBLIC HEARING. OPRiERSt HANOVER REAL ESTATE ASSOCIATES, Boulevard, Suite 500, Beverly Hills, CA 90212. AGENTS PHI LIP R. SCHWART'LE, 18012 Sky Park Circle, Irvine, CA 92714. Property describes d os an irreqularly~naaP301p13951EastlFadCi.EicoiAvenueo(HanoveriAnah eimlCent•rales, 1284 E. Katella Business Area). ML to CO or a loss intense zone. including 56,000 sq. To permit a 1,235,375 sq. ft. commercial/office complex, ft. of: accessory retail uses, to be included within 5 bui 1 dings ranging in height from 100 to 223 feet and three multi-level parking structures over. a 10-year, 5-phase period with waiver of the minimum atructu ral setback. Development Agreement No. 8'1-01 between City of Anaheim and Hanover Roal Estate Associates relating to development of the property. Mary McClosKey, Senior Planner, explained kho project is t 21e Hanover Katella Office Park and consists of approximately 17 acres at 128 4 E. Katella and 1395 Katella Avenue; that the request is for reclassification o f subject property from ML to CO to permit a 1,235,375-square foot commercia 1 /office complex to include 56,000 square feet of accessary retail use in 5 buildings ranging in height from 110 feet to 22? feet and three multi-•level parking structures to be constructed over a 10-year, 5-phase period. She explained the actions before the Commission include E zsvirormental Impact Report No. 271 and its Addendum which does contain a Statement of Overriding Considerations, a reclassification from ML to CO which al lows the project to be finalized in phases am a conc:i.tional use permit with .waiver of minimum structural setback. She stated also to be considered is Development Agreement No. 87-01 between the City and the developer which estab I fishes the rules and regulations which would govern the project and seta the public improvements which are to be provided by phase and establishes the rim ing of the project which is supposed to be five phases over a 10-year period with about two years for each phase. She stated the last phase is estimated t o comme~coeeC~ta~eter than October 1998. She stated the rules tY~at would gove r n the p j those in effect today, for instance, the parking standar ds in effect today would be the standards utilized t}-rough the course of the project, and also the agreement provides the right to reallocate funds; th at improvements that are identified to be made by others or the City, the cost of those improvements could be assigned and paid far b the deve 1 open for other benefiting improvements to the area. She stated the developer agrees not to contest public financing methodologies that may be developed by the City to help pay for improvements in the area; and it requires specific plan approval for each phase by the Commission approval before issuance of building permits. She stated the agreement provides for an annual review before City Council and -669- 'L 'w:. ~.~cx. ~~ - u' MI.~BI.TgiS_.....1lN~ElFt~I'LS.i~ PJL~tiI~.INSS~1~'4i,S.~4Ns._B.FaP.T~F~B._.~,4.._~1.4~Z contains an amendment procedure and if the Development Agreement is cancelled st any tirtie in the future, th!~ CUP would become null and void. Ms. McCloskey referred to the written proposed changes to the agreement which was passed out earlier to the Commission and stated they provide consistency between the recommended conditions of. approval and the Development Agreement and, in addition, there is one change recommended by Staff, at the bottom of the first page, pages lA and 19 should be changed to read, "the agreement, plans and exhibits should be r.eviaod to show a solid raised median island in the main p rivate road to the satisfaction of the City Traffic Engineaer." She added that would require that the corresponding condition be amended also. Sae atated it is staff's understanding that, wiL•h the exception of one, the the developer does concur with the recommended corrections. She stated the developer or his representative will discuss the change as it relates to the standard city fees. She added staff would recommend an additional condition that t1~e developer would not compete with the City for parking revenues on event days with his parking s t ructures. Ms. McCloskey atated staff has found a computation error in the cost revenue analysis c ompleted for the EIR, and the costs may have been understated and the revenues to the City may have bean overstated. She stated a letter was received from the City of Orange which indicated concern r egarding the shortfall and that with the failure of the Katolla Redevelopment Project, they requested the Planning Commission to deal with that issues nefore voting on this request. She stated~.lso they have advised that the projections for khe Koll project are off because that project has been scaled down 53~ from the original proposal, and they have asked the Commission to review the mitigation measures in the environmental impact report very carefully. She added they worn forwarded a copy of the EIR when it was submitted for review. Paul Singer, Traffic Engineer, passed out a revised matrix showing the fair share participation by this development and indicated last column shows the shortfall per square foot. He explained the second column indicates the square footage for each phase and tYie third column has the recommended f.sir share in dollars and this is all based on the 536,000,000 shortfall anticipated as the total areal and that any approved projects prior to subject proposal may no` be included. He stated the Bence project paid only 54.12 per square foot as their fair share. He stated the Hanover contributions are the required mitigation measures and the fourth column shows the percentage of. their f air share cost in order to make up the difference between the actual contribution and the shortfall, and an additional fair share differential h:,s been ind icatod. He stated the last column indicates that none of the phase. are mitigated to fully compensate for the fair share participation. He pointed out in Phase I t};re is a S3.]5 shortfall, Phase II - 53.15, Phase III - 52.40 and Phase IV - -01.00 and Phase V - X3.55 and a]1 phases together are approximately 52.65 per square foot shortfall. -670- MIST. ~~~d~iE7,M_~~Y~4gd~i]3~~.4L~1~ ~~.I9.t~. &Ft.P_T~M ~.Ii.~L_~9~....~_.. Comrnisaioner Herbst asked if the figure shown for Phase 1 is predicated on the total buildout at Phase V. Mr. Singer responded it is Phaso IV with 12.9 million squaro feet which is the ceiling the City Council approved. Commissioner Herbst asked the situation if we only reach Phase Ii. Mz. Singer stated there is still a shortfall and every time a Phaso is built, the difference is made up. He atated if they do not build the third through fifth phases, the impact will be less; that each phase is pretty well self-sustaining, as long we don't jump phases and each has its own shortfall, Commissioner Feldhaus asked how the $36 million was calculated. Mr. Singer stated is all the necessary transportation improvements required for this area in order to accommodake the 12.9 million square feet, and an environmental impact report and traffic sL•udy wore prepared with projected volumes, etc.; and that certain entities wore obligated to do cerf.tin improvements and among those was Redevelopment and their contribution was approximately $36 million dollars which no longer exists and it is that $36 million whictr is the shortfall and should some form of financing take place that wau.ld replace that $36 million or arty r~ortion, some mechanism would have to be provided in order for any subsequent phases to be exempted from this shortfall. He stated this is based on the buildout of the 12.9 million squaro Poet which has been projected at 20 years. Mr. Singer stated all the dollars are 1987 dollars and sYiould be inflated each year by the Construction Index. Dennis Abrarnsom, General Partner, Hanover Real Estate Associates, 1284 E. Katella, Anaheim, atated they own both parcels and one portion was purchased in 1982 and the other in 1983. He skated they are a private partnership and utilize their own funds and are not a syndicator or speculator. He stated they have made a major commitment to the Anaheim Stadium Area and to Orange County, and they maintain a fully staffed management office in Anaheim and are corporate residents of Anaheim. Ho stated they own approximately 450,000 sq. ft. of business park buildings on approximately 31 acres of land in the Stadium area, and subject properties account for approximately 240,000 square feet; and have developed and own high-rise office buildings elsewhere in the United States with a total value in excess of $100 million and total US assets exceed $140 million. He stated it is important for the Commission to understand that they are a resT» nsible conservative owners and developers and their property is not in escrow, and they plan for long-term ownership and the future development of those Anaheim properties is as important to them as it is to the City and there is no intention on their part to sell these properties. He stated during the five years they have owned these parks they have continued to maintain and upgrade them in accordance with their philosophy of holding pride in ownership properties in prime locations. He stated they have keen taxpayers in this City for more than 5 years and have contributed almost $600,000 to the City's revenue, excluding sales tax from individual properties and the City will bene.`.it from the increase in the tax base over the next 10 years, in accordance with the phased construction program as this development proceeds. He stated the present tax base is $11 million dollars, which will increase to a sum in excess of $120 million dollars. He stated completion of all the phases will result in an increase in taxes of $125 million dollars on today's basis of taxation. -671- 1 Z M~.L~11~F.S.. ANAHEIM COX-pJr_AN.~?~.LI.t'tSS~1~~,^~,.Q.N.,~.~.k~'.~hi$~.~....~4~~9~~ _ ---- He stated this will also moan revitalizing an area which is of great importance to this Cityi that Hanover has always leaked upon Katella as being one of the most important streets in this City and Katolla is the corridor through which thousands of tourists pass to and from two of the ration's greatest amenities, and it also links two of the most important freeways in this Countyl and that redeveloped Katella Avenue would become the gateway through which those people would pass and in its present state, it daes very little for the City. He stated their project also will be the catalyst for redevelopment of L•his area and others will soon follow. Mr.. Abramson stated the project follows closely the aims and objectives of General Plan Amendment No. 214 approved earlier this year. Mr. Abramson referred to the Development Agreement which has been completed over the last six months with staff, and stated they agree with most of the amendments today; that it is an understanding between the developer and the Gity of Anaheim and sets nut very clearly haw the development will proceed; that this form of agreement has been used previously in the City and this one has been based very closely on the two previous agreements which were approved by the City Council (SAVI Ranch and Cabot, Cabot and Forbes for the Stadium development); that they agree with all the recommendat.i ns made today by staff with the exception of the fee.. and their Counsel will dis iss that point. He stated the confusion created by the withdrawal of the Katella Redevelopment Project has necessitated rethinking their position. Mr. Abramson thanked staff for their diligent and patient work throughout this process and stated they have been excellent. Dennis O'Neil, Attorney, McDonnell, Holland and Allen, 4041 MacArthur Blvd., Newport Beach, referred to the Development Agreement and the revision relating to the developer's fees, and stated on Page 27 of the Development Agreement, there is a provision addressing standard city foes and in negotiating the Development Agreement, it was the intent of the applicant to include this provision to cover the standard administrative, plan chock, building permit types of fees which, of course, they are expected to pay. Fie stated staff is recommending that that condition be modified to further broaden the type of fees that could be included in that category, and in light of recent developments in the City with the elimination of the Redevelopment Plan for Anaheim Stadium, the applicant has a certain degree of concern as to how broad that section could be and haw expose8 they may be to paying future types of. developer fees, not knowing just what the extent of that liability might be. He stated on Page 26 of t2~e Agreement, they have attempted to outline the developer's commitment regarding other types of fees in the City and in Section 13, Subsections .1, .2 & .3, the developer has agreed to pay the interim development fe©, the water utilities fee, and electrical utilities fees, depending on whatever fees are in effect at the time those are to be paid under the City Ordinances; and stated for example, the interim development fee is curren;,ly $4.12 and if that fee is changed, they will pay the higher or lower rate at the time it is collecked. Mr. O'Neill stated the developer has agreed to submit the property for inclusion in any special assessment district, community facilities district, or redevelopment plan, should that come about as a means of financing public -672- ~ ~ M~NIITES.A~kJ.F•INL~~iN.SSQkfM],,~~i.4.~1.._~E.~Mfl~B_l,.'L_~2$3 - improvements in t:he area. He stated he is told by the development. 'eam of consultants that, including the right of way and off-site improveu~e..ts, Hanover is subjecting itself to the payment of approximately $6.7 million in fees under the arrangement as submitted, and that is not to say that Hanover doesn't agree to pay its fair share of the ahortf~~ll; and they understand that is a real concern and a real need of the City and they can say they certainly want to pay whatever their [air share is of that shortfall, in addition L•o the previously mentioned $6.7 million in fees and right of way which they are already committed to pay under the Development Agreement and conditions of approval. He stated, however, again the wording as suggested by staff amounts to a blank check and something they ~3on't feel would be proper in a Development Agreement and they are suggesting that perhaps in the interim period of time that will elapse, assuming their entitlements are approved and this Development Agreement is recommended for approval to the City Council, that they will continue to meet with staff, as the staff is continuing to wrestle with the situation of the shortfall caused by the elimination of the RedeveloT7meztt Area Plan, and come up with a provision prior to the time this goes to the City Council, to better define what in fact the exposure to Hanover will be under Section 13.4. He stated it was also suggested by staff ghat the developer agree to a condition not to compete with the stadium on event parking and Mr. Abramson expressed a concern and suggested that perhaps the other landowners in the area should form a committee to work on same appropriate way whereby a percentage of the revenues collected offsito could go into a special fund to be returned to the city; and that was his understanding of what the condition might be. He stated as worded right now, it is a covenant not to compete and they feel that would not be in their best interest and they also do not believe it will be in the best interest of the City, in view of the fact that the EIR dealing with the expansion of the Anaheim Stadium area addresses offsito parking and recognizes that some offsito parking will be necessary. He stated they would request that they have time between now and the time the matter goes to the City Council to have staff further define that condition to a point whore it would be satisfactory. Ken Biggs, 3047 N. Valley View, Orange, stated he is part owner of a building adjacent to this project and he believed their building will be impacted by the construction of this project, not necessarily in the early stages, but later, and maybe his opposition is premature, but wanted it on the record that they manufacture electronic equipment that is very sensitive, and they are concerned about the vibrations from this construction project and the impact it will have on their business over the lung term. He stated he is also concerned about the dust and noise and what impact it will have on his prospective customers when the come to see the equipment in operation. He explained the equipment operates under 20 grams of pressure and any vibration upsetting 20 grams can upset the whole equipment and its quality control if. this project proceeds to the fifth phase. (Chairman Messe asked if the manufacturing equipment is isolated in anyway now, and Mr. Biggs responded it is not). He continued that they bought the building on the premise that this is a light manufacturing area and their equipment is high tech and he expected over the long term that that is the way it would be for as long as they expected to be in business, and they have been in the building for about four years. -673- Mx N[ITF&,~,~1.1iii.E.IM..~1.TX___p~+~_iilitNNS.__~~MM~.S.S.I.4.N._~F~TEMA1~.8._~.9.,___~2@.? Commissioner Horbat aakod what the immediate shortfall to the City would be in Phase I with Hanover's contribution and the fair share deficit of 5580,000, which is a shortfnll of 53.15 per square foot, short term. Paul Singer, Traffic Engineer, stated eACh phase has a shortfall) and that the previous numbers quoted wore for maintenance, police facilities, etc., and those are two different ahor.tfa.ils. He stated the shortfall. is 5180,000 loss and added that is a long-term shortfall and not a short-term shortfall. Commissioner fterbst stated they are going to go ahead with Phase 1 and the City will have to put in some infrastructure. Mr. Singer stated the infrastructure is the mitigation measures called out at 570,000 for offsite improvements, plus the areawide improvements are 5580,000, and thosr include some very substantial constructions which 5580,000 doesn't cover. Commissioner Herbst stated the overall shortfall is 53b million dollars and even if all the fair shares were paid, there is still a shortfall to the City, and aakod how much the City will have to make up on Phase 1. Paul Singer stated the estimate cannot be broken down that fine, hilt it is approximately an additional 20~ of the 536 million which the City will never make up. Commissioner Herbst added that is over a period of 20 years, provided some other financing tool is not found. Paul Singer stated obviously the City has to find another way of doing this and he bel.iaved it was clearly indicated at the joint meeting with the City Council and Planning Commission that it is their intent to find another way to do this. He stated at this point, she matrix is the only alternative available and should there be other solutions in the future which the City will consider, he thought this matrix could be amended. Commissioner Herbst stated this project is palatable to him because it appears it will be a couple of years before they start construction and that will give the City an opportunity to either form an assessment district, which may take a year, or there will be the tax increment from a Redevelopment Plan. Mr. Singer stated his instructions from the City Engineer was to have something .in place in the meantime and in this case for Phase 1 that is 53.15. Chairman Messe stated he thought the developer agreed to pay their fair share of the shortfall, but objected to Paragraph No. 27. Commissioner Herbst stated if the City finds a financing tool, such as Redevelopment, before building permits are issued, and if the developer has advanced their fair share in this Agreement, then there would be some reimbursement program. Mr. Singer stated right now he was not too sure reimbursement could be implemented once the building permits are issued; but there is about two years in which to find an alternate moans of funding and if there is one, then, of course, the shortfall will be reduced automatically. Commissioner Herbst stated a part of their Agreement is that they will pay their fair share. Mr. Singer stated he did not think the applicant has a problem with paying his fair share; however, he would like ko take advantage -67 5- ~ U,t~ TEB. _AN~N~~.M....~x.~~~IdAN.N.~t3S~.~.41~ii~.5I.QN.._~P~~1~?~i~.1.4.~.@~ ~ _._.__ Responding to Chairman Messe, Mr. Biggs stated they are located on the east/south aide of the portion shown as Phaao V, at 1551 E. Pacifico. Mr. Biggs stated he realizes this development is something the City wants and that he expects SL• will take place in Chia area in the future, but wanted to express his concern and asked what the developer may do to help prevent this from becoming a real problem to them in the future. Phil Schwnrtze, PBR, consultant fur the environmental impact report, stated the environmental impact report and the conditions imposed by staff do address vibration mitigation, noise mitigation, etc. Chairman Messe stated it seems this gentleman manufactures a very sensitive product. Mr. Schwartze stated during the construction phase that can be monitored, and the City always imposes that condition on every construction project, making sure those things don't carry through offsite and he thought the only time vibration might occur at that distance would be when the major buildings are constructed and they would be doing pilodriving. He added they could work with the property owner during that period. tie stated vibration and dust are always a problem and the way to mitigate that is to have a very active watering program. He stated the City should have a mitigation program so that pilodriving activities would kake place when the manufacturing is not going on that might be sensitive to that vibration and suggested that bo included as a condition. Joel Fick stated since each phase of the project has to be submitted for design review by ttie Planning Commission, there could be a submittal outlining the proposal for dust and vibration mitigation with each phase of the project. Chairman Messe agreed that would be a good idea since there are some manufacturing facilities in that area and some are high tech. THE PUBLIC HEARING WAS CLOSED. Commissioner Feldhaus stated he understood from staff that there was question at buildout about the cost to the City, and that it would be $1.5 million. Mary McCloskey stated the cost revenue analysis in the EIR indicated there would be $1.6 million annually generated to the City's General Fund and there was a computation error discovered when looking at the whole shortfall issue and basically those revenues have been overstated because of the computation error in the EIR and that would probably be less than 2/2 million annually versus $]..6 million. She stated also the costs would probably be higher than what is stated in the EIR. Commissioner Feldhaus stated he thought ha heard Mr. Abr2unsom Say that is still projected at $1.5 million. Tom Holmes, PfSR, stated they have not httd a chance to compare their revised figures with staff's, but thought their figures are close to what Ms. McCloskey cited, somewhere in the range of $450,000 to $500,000 in annual revenues L•c the City. -674- i~I~E~..~A~i~~.hL~i~~LA~IING C~Q~_S.S~.Q~L__~~PTEM~~~__~4._3~Q? ---_...______._ of any other funding mechanisms that would be possible, and he thought that is equitable and that is the aim and intent. Commissioner Fol~haus stated there are eleven total projects and the Commission is addressing two right now and it luoks like the awareness of the shortfall came out at the last meeting and it appears the Council will have to address that and modify Ordinance No. 4655 from X4.12 per square foot to $6.77 per square foot to pick up the shortfall over the 20 years for t1~e total area. Flo stated there are other ways, but every delay to a developer is costly, and it is included in the t~greement that Dither party may propose an amendment to the Development Agreement, etc. ... which can be accomplished by the City adopting an ordinance. He stated he has heard nothing but cooperation from the developer. Mr. Singer stated perhaps changing the ordinance would not be necessary but a separate calculation for each shortfall could be done; that Bence actually did not have a shortfa].1 because their mitigations measures, compared to the size of the building, were so great t}~at they actually paid 100 of their obligation of the fair share. Commissioner Feldhaus stated Mr. Farano said that Bence went from X4.12 to X6.69. It was pointed out that is the equivalent. Mr. Singer stated in this proposal the issue is the mitigation measures or cash, as opposed ko Bence which was all mitigation measures and no cash. Mr. Abramson stated they are confused and the way they see it is very simple, that they have committed to pay the $4.12 fee, and they will stand by that; and now Mr. Singer has said they should commit to another $2.50 fee for a total of $6.62; that they are committed to make the off-site improvements in terms of the mitigation measures of the EIR which they figured out to be a cost of about $1.8U sq. ft., so the total is already close to $0.00 sq. ft. and that is getting to the bounds of being out of reason and that is the reason they could not allow the open-ended clause. He stated they sympathise with staff and realize this is a result of the withdrawal of the redevelopment project, but they feel this is inequitable, especially when there is going to be 2.5 million square feet coming up which will only be paying X1.00 a square foot, and they have to compete with that market and with the land value which they have paid for, and added they are not leasing the property. Chairman Messe stated the City has to provide the infrastructure. Mr. Abramson stated they do that in conjunction with the developer as a partner and in tt.at way it bring taxes to L-he City and employment to the City and a certain grandeur to the City, and he believed they can bring all those things to the City, but they do need some help. He added he is not saying that they are not agreeing to any of this, but do feel this increase is something which the City does not really have a handle on yet and is really unfair. Chairman Messe stated the City is getting a handle on it and he thought Mr. O'Neill had said they would pay their fair share of any shortfall. Mr. Abramson stated he might have said that but he did not mean they are going to pay on an open-ended basis and they believe a mechanism will come about, such a redevelopment district, which will solve the problem, but at this stage -676- M.IL~I,'T~~,._._AN.Aki~.IrL~ITY PLANNZ~~9~.I.S.X913.,.~.F,~'~F~~R..~9~-~..2~.Z_.._ there is no way to predict the futures that they want to get tf~is project moved forward and do not want to have to come back and say they cannot afford to do the project and ask for something different? but the way it stands, with offsite improvements which amount to 51.80 per sq. ft., and those improvements should be taken into consideration which include almost the whole of Katella Avenue from their western boundary all rho wny to State College on both sides, and is a tremendous contribution to the Gity's infrastrur.ture. Chairman Messe asked what the 570,000 shown in Phase I as fianover's contribution includes. Mr. Singer stated they are contributing 570,000 in Phase I in actual offsite improvements, plus $4.12 in interim development fees; plus the $3.15 shortfall. Chairman Messe asked where the 51.80 figure was derived. Mr. Abramson stated they are paying for all the improvements in Katella, and that has nothing to do with what is due the City, but is the mitigation requirements of the EIR. Responding to Chairman Messe, Mr. Singer stated the $70,000 is for Phase I, and there is nothing but restriping and the median islands and some widening in front of the building. Commissioner Herbst stated this dev~-loper is being asked to widen both sides of Katella, curb to curb, and asked if there would be reimbursement if General Foods develops on the other side. Mr. Singer skated his instructions are fairly clear and General Foods is the only property that could possibly share in the cost of the improvements of Katella, but it is limited at the present time to the medians and restriping. Commissioner Herbst stated he is talking about the long-term widening of Katella on both sides, putting the median in, etc. Mr. Singer stated at the present time the reimbursement is :only for the two properties and it sis limited to the median and signal, and if Planning Commission wishes, they can include the widening of the north side of the street. Commissioner Herbst asked if there is anything included for purchasing the property to widen the street. Mr. Singer stated the calculation includes the light of way, and stated the sl~oxtfall is only within that area that was originally calculated in the matrix developed for this area and the only projects included in the original matrix are eligible to participate in this shortfall. Commissioner Herbst stated this is one project and it will probably have an impact on all the infrastructures, and not just the streets, but sewers, water, etc. and all those things will have t be sized. Mr. Singer stated there are service fees for those, but there is no service fee on transportation. Commissioner Herbst stated his concern fs who will put the facilities through to the river if this project puts an impact on the sewer line and if there is not enough money to pay for it, he did not know how they could be issued building permits for this construction. It was pointed out the utilities are taken care of in the Agreement. Chairman Messe stated transportation is one of the things included in the shortfall. -677- M~L~i~.~.S..F~.iM.S.ITS'.~-~MMI.SfiI9~.~~P~M~.~._],.9~.~~.44Z Commissioner Herbst somebody has to put the money up front to get this started, to pay for the sewer lines, water lines, pump star.ion, etc. and the City does not have the money, and if there is not a sol~ition, he did not who will pay for the enlargement of the sewer. Jay Titus statod :~e thought that was all included in the conditions and that it would be studied before each building is permitted and the developer would construct whatever facilities are required to service the building. Commissioner Herbst stated all the lines have to he sized whole area. Jay Titus stated that is a standard procedure structure as far as sewers and storm drains are concerned. there is a reimbursement policy for storm drains and other would reimburse L•he developer if they use the facilities. No. 7 covers that i3sue. :o take carp of the for any new Ha stated normally property owners He stated Condition Commissioner Felc~.haus sl'ateri in Ll-e %ity Engineer's letter to the pity Council and Planning ~o:sunission dated September 3, 1907, there was a combination of increasing the interim development fee and the City of Anaheim accepting part of the 536 million shortfall and the only way he sees that as viable is by reimbursement to the developer as the net revenues to the City are received from the project. Phillip Schwartze statod the purpose of the environmental impact report was to address every mitigation and suggest ways to mitigate them and they felt as a standard condition which the Commission imposes on everybody, be it for drainage, sewer, water, etc. khat the developer, in the Stadium area or some place else, is always required to put• in the Master Plan of Improvements or bond for. them and unfortunately for the developer, there is no reimbursement. He stated all the utilities were addressed; however, maybe a 12" pipe is sufficient to handle a particular project and in looking ahead and master planning for that area, maybe the ideal thing to do is put in a 24" pipe or 36" pipe and that is the cost ro the developer and is not reimbursed, and they are just putting in the extra link that is necessary so that as other properties develop, they also put in those links. Commis°_~ner Bouas asked if the developer is credited for those improvements and Mr. Schwartze responded he was not sure. He added it is always the Commission's thought that the ultimate improvements for the maximum widening, or maximum drainage, maximum sewer is always done by the developer, even though he may not need it, but it should be in place so that when the other links are done, it is always there. He stated the Master Plan is done through the General Plan and the General Plan says that Katella shall be a certain width and that the sewers shall be a certain size, and this developer has factored that into his plan. Chairman Messe asked if that is part of the 58.00 per square foot discussed. Mr. Schwartze stated the developer has suggested they are willing to pay the 54.7.2 interim development fee and there is a substantial amount of money to be spent on offaite improvements which are a part of the Aevelopment Agreement and the conditions suggested by staff and adding that to the offsite mitigations, equals a certain amount that would be assessed on earl. building. -678- MINUTES ~ At3l.~F.I~M~G.~Y..~~~i.N.I.tLG~.9.L~..S3.4.L~~..._~t'.~~.1~F~...~4~~~$Z-__ Chairman Mesae stated the matrix says that at the end of the project in 10 years, there is a 53,275,000 shortfall which the developer has not paid for in these improvements. Mr. Singer stated that fa a far.tor of the $36 million and these are just about 100 transportation coats, and the only other number amounts to $800,000 for a fire station, and the balance is for transportation. Chairman Mesae stated at the end, that $3,275,000 shortfall equals 52.65 per square foot, which would bring the total to 56.76 and asked where the 58.00 figure was derived. Mr. Schwartae stated there is some confusion about the various phases and L•he bottom line that staff and Tait have reached is very close, so the figures provided by staff are probably correct. Commissioner Herbst stated lze could vote for approval all the requests except the Development Agreement because of the confusion. Commissioner Houas suggested recornmendinq approval of the Development Agreement with a suggestion that Council take a look at the areas the staff and developer are not agreeing on. Malcolm Slaughter stated the Commission is in the position of approving the first four items and could conditionally recommend for or against the Development Agreement. Commissioner Herbst stated staff and the developer are confused as to some parts of the Agreement. Chairman Mesae stated there is only one of the changes they are not agreeing to and the parking prohibition introduced today. Mr. O'Neill stated he understands the confusion and thought the Commission feels comfortable with taking actions on Items a through d, and the action on the Development Agreement is a recommendation and a public hearing is required before the City Council before adoption by ordinance and he had recommended earlier that by the time the matter is before the City Council, they can get together with staff and try to further clarify these condit.'~ns. He stated the condition they are ob;iecting to merely says that Hanover shall pay all standard citywide development and processing fees associated with the development of the project in F~ffect at the time said fees are required to be paid, and that is a very broad condition. He stated, for example, if, in fact, a redevelopment area plan was re-instituted in the next six months and it is determined those fees are not required, or even if the project goes forward and the fees are paid and the Agency forms a redevelopment area, including this land and the fees are reduced, would they be entitled to reimbursement. He explained those are the types of questions they have and can be clarified and they will work with staff in doing that, and would like to see all these actions kept together, and they believe it could be acted on by the Commission with the recommendation that the condition relating to development fees be worked out with staff to the satisfaction of the staff and City Council, because he felt. it is the City Council that will ultima~ely have to decided the issue of. the shortfall. Mr. O'tdeill stated there is protection in this Development Agreement and they have agreed to pay the interim development fees of 54.12 and agree to pay more, if it is amended, and have agreed to amend the Development Agreement and -679- I~SI-Z~ILT.Fi~• ANAHESM.~^J.~yC_.~irA~iN1NS~_.X91'"~.'!~&~..R.[~.~__S.F~~T~h1~~~i__~~..___~,.~$.7 ----------_.__._---.. think there is enough flexibility t~ comp back later, as opposed to writing the blank check right now when everything is not known anA added this is a relatively new event. iie atat.ed they are not saying they will not pay, and although Mr. Abramson quoted him incorrectly, they don't know what the fees are and Hanover is going to pay its fair share, but would like a shot at tightening up this condition. Chairman Messe stated it seems they are worried more about the wording ~s it relates to what they consider a "blank check" in that condition. Commissioner Feldhaus asked if the r.eimburs~ment provision on page 21 takes care of part of that concern. Joel Fick, Planning Director, stated certainly from the Planning staff's viewpoint, the intent, outside of the shortfall issue, was not to have an open••ended blank chock issue o~, future fees which the City ~foesi~'t know about and which might be enacted in the future. He stated he thought they could work out language to Mr, O'Neill's satisfaction, and that there are other City fees, such as traffic signal Assessment foes, street lighting fees, street tree fees, etc. which are not specifically enumerat~y~l in the Agreement and the staff's intent was that at the time this Agreement is recorded that any fees like khat which were in existence be paid, plus cost of living fees, so we don't have a 10-•year agreement with foes basically meaningless 10 years from iiow. He added he thought there probably is some language which could be used to mutually solve that particular issue. Commissioner Carus~llo stated perhaps the Commissiun could make a recommendation to the City Council, subject L•o tt,e developer and staff agreeing to the clause cap. Joel Fick stated he believed that whatd~er the direction from the Commission is relating to ttie DeveloprnRnt Agreement language and the fee issues, they need to be incorporated into the conditions of approval for the Conditional Use Permit because the Development Agreement may nr may not be enacted in the future and the Conditional Use Permit should be a stand-alone document, as well as the Development Agreement. Chairman Messe asked about the condition regarding the non-competition clause with parking and added iie thought they hod indicated that was previously addressed in tYie EIR for the Stadium area. Mr. Fick stated the Agreement with ASA between the City and Anaheim Stadium Associates had some detailed provisions about that very issue. He stated the intent is to provide some future form and order to these parking structures which are going L•o be in existence all over the Stadium area when the business center fully evolves and for the City not to have parking in competition with the existing Stadium parking and also the language could have a provisions that allows for a negotiated agreem~•~t between the City and the property owner which would, at least, permit some order to all of these properties. He added the Commission will be seeing another request in a couple of months and that would at least allow for some coordinated activity for the offsite parking, if that is to occur. -680- o ~ ~I,L~S._..~1g~L P4~1N~1~..~.4L~SIS.S~9d...~EP.xFM~FR...~4.,~12@7 _____ Chairman Meese stated the Commission Gould approve this and work on that language also. Malcolm Slaughter at•ated they have drafted a short condition to hopefully take carp of the parking situation in that area and he was not aura such a condition is roquired because if. a property owner in the area has a building that roquired 2U0 parking spaces to serve t•he use of the building and they then make the use of that• parking structure available to other users in the area, that would bo a v.iolatiors of the Zunirsg Code by not having the necessary parking far the building. Concerning, an event on Sunday, Mr. Slaughter stated the Code does not make that distinction. He stated staff proposes the following conditions "That the applicant shall record a covenant in n form approved by the City Attorney'8 Office to the RfEect that the use ~f the parking facilities to be provided for the project shall bo limited t' tenants and patrons of the project and that said parking Cacilitiea shall not be made available for use by visitors and patr.uns of thA Anaheim Stadium without a written agreement between ttie City and the propr.cty owner. The covenant shall further provide that on days of scheduled evrnts at Anaheim Stadium, the parking facilities shall be conspicuously post.~d with signs indicati.nq the parking restrictions." Chairman Messe stated the': is something t. .t can be worked on the interim between now and when this goes to City Council. Mrs. Slaughter stated the specific language can be amended and this only limits it unless there is an agreement to the contrary with the City and he earlier h+3ard someone suggest sharing of revenues, etc. and that could be work out ir, such an agreement, should that occur. Mr. Abramson stated they are not in the business of parking garages and they actually threw in the towel this morning earlier when they agreed they would reach tin agreert~ent and right now they do not encourage parking on o~sr property; that they actually have security guards preventing people from parking and are not interested in trying to snatch an extra $2,000 or whatever it is a week, and, in fact, it costs them morn than that to keep the place secure. He stated, however, in light of what the City Attorney has said, they will work something out that will be equitable for everybody. Malcolm Slaughter stated the Commission has four matters on which thsy could conceivably take final action, Items a through d, and those items would only come up to the Council for a hearing in the event of an appeal, or if Council set it for hearing themselves, and that is a different circumstance than the Development Agreement which would have to ultimately be approved by the City Council. He stated he is envisioning a circumstance where khe Commission might approve a through d and take no action on the Development Agreement or even deny it, and then when they go before the City Council, the other, matters would have become final because the appeal period fan expired. Hp s"etas to avoid the possibility of that happening, Commission should reques.. ti:e Council to hear a through d, and that world also keep things on the same track. Chairman Messe rsuggested tying the Conditional Use Permit to the finalization of the Development Agreement. Commissioner Feldhaus stated chronologically the Development Agreeraerit should have gone before th Conditional Use Permit. -681- • MINUTES. ANAH.~_CITY pL,~j~i.~G_~.Q~ZSS.IQli._.~.~P~T~[~~.I~lA._._l~.L.~__ ~__..___ Mr. Slaughter stated as it is now the Council may never act on a through d, and they would just become final in 22 days. He stated lying the r ,e lopment Agreement to the Conditional Uso Permit would only d o it to the i,U:ti cular atom. ACTION: Commissioner. Horbat offered a motion, seconded by Commiasione r Houea and MOTION CARRIED (Commissioner McBurnoy absent) that the Anaheim City Planning Conunieaion after considering Draft Environmental Impact Report No. 271 and the Addendum for the proposed Hanover./Katella Office Park and after reviewing evidence, bcth written and oral, pryaer:tc~d to supplement Draft EIR No. 271, the Flanning Commission buds that EIR No. 271 is in complian ae with the California Environmental Quality Act and the State and City Guide 1 ineaf and EIR No. 271 identifies the following impacts which are considered to be both unavoidable and adverse in nature and not fully mitigated to a level of insignificance: The project ws.ll incrementally intensify the urban character of the ar Ra and will result in inczeased traffic and afr pollutant emissions within th e immediate vicinity. o The project will result in approximately 5,042 permanent employAOa. While it can be assumed that a major portion of new employees will be provided through the local labor market, a certain portion will be drawn from outside and will thus :..:crease demand for housing, partially within the "affordable" range. o The project is anticipated to generate 11,260 new daily vehicle trips of which 1,860 will occur in the PM peak hour. Temporary congestion may occur in the immediate area. o Project implementation will incrementally add to demand for major new infrastructure improvements in the area including circa 1 alien improvements, and sewer, storm drain, water system, and electrical facilities. o Project implementation will add to the cumulative demand for finite resources such as energy and eater. o The proposed project wZll contr;buts to cumulative demands upon public services such as police and Eire protection. Therefore, the Planning Commission does further determine that the be nefita of the project outweigh the unavoidable environmental impacts, a_~d does hereby find that the benefits of the project have been weighed against the unavoidable adverse environmental impacts and, pursuant to Section 1 5 093 of the State CEQA Guidelines, the occurrence of the significant environmental effects identified in EIR No. 271 as set forth above, may be permitted without further mitigation due to the following overriding considerations: (1) The project will bring substantial benefits to the citizens of Anaheim by providing additional employment and business activities to the area. -682- t~~uT~...~.~AKBIM-.S~TY_.P..t~t~.t~[t3~S4Mi~ii.S.SiQL~..~.T.~M~.EB__~a.,_.~.2~Z.____.__~.... __~.. (2) The project is consistent with t2~e intont of the City's Genoral Plan for the site and will be compatiblo with the projected ua~s of the surrounding lend urea. (3) Mitigation measures have been incorporated int•.o the project to reduce the majority of environm~ ntal impacts to an accoptablo level. and, therefore, the Planning Commission doe a hereby certify Environmental Impact Report No. 271 and t;:e Addendum and adopts this Statement of Overriding Considerations. Commissioner Herbst offered Resolution Na. PC87-141 enc. moved for its passage and adoption that the Anaheim City Planning Commission does hereby grant Reclassification No. 87-88-14, subject to I aterdepartmental Committee Recommendations. Un roll call, the foregoing resolution was passod by the following vote: AYESs $OUAS, BOYDSTUN, CARUSILLO, FELDHAUS, HERR57', MESSE NOES: MONE ABSENTS MC BURNEY Commissioner Herbst offered n motion, seconded by Commissioner Bouaa and MOTION C1.RRIED (Commi.safoner McBurney abae a t) that the Anaheim City F'~nning Commission does hereby grant waiver of Coda requirement on the basis that there are spocial circumstances rhplicable to the propei'.y Ruch as size, shape, topography, location and surrounding a which do not apply to other identically zoned property in the same vic i nity; and that strict application of thri Zoning Code deprives the property of privileges enjoyod by other properties in the identical zone and class ification in the vicinity. Commissioner Herbst offered Resolution No. PC87-192 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby grant Conditional Uae Permit No. 2945, pursuant to Anaheim Municipal Code Sections 18.03.030.030 through 1$.03.030.035, and s object to t;~e Interdepartmental Committee Recommendations, including Development Agreement No. 87-01. Mr. Slasghter stated the way to tie that agreement to the conditional use permit is to request. Council review of the so actions. Paul Singer, Traffic Engisioer, asked whr:::. the Commission proposes about the shorr_fn11 and Chairman Messe stated this dc3velopment has a 53,275,000 shortfall.. Mr. Singer suggested the Matri~c he presented be adapted, and its adoption recommended tc, ~.le City Council. Commissioner Herbst stated this project w i 11 not be constructed for two years. Chairman Messe stated the matrix c sold be adopted for this project and between now and the time the Clty Council hears it, there will be meetings between the staff an' developer to come t o an more finite number. Commissioner Herbst stated he would incline adoption of the matrix in his resolution and also he would instruct staff to study all gossibili~ios of -683 - s MINUTE&, ANAHF~M. CITY PLANN~G COL$1IfiF~TEMA.FB~.~.-•-~9~-Z--- funding mechanisms, including Redevelopment, and maybo an asaossmen` district, to handle the future shortfalls. Commissioner Herbst stated it appears there are ~wo years of time before this project is scheduled to be atar.ted. On roll call, the foregoi::g resolution was passed by the following vote: AYES: BOUAS, BOYDSTUN, CARUSILLO, FELDHAUS, HERBST, MESSE NOES : NONE ABSENT: MC BURNEY Commis: -.:~ner Herbst offer .d a motion, seconded by Conunissionor Fouas, and MOTION CARRIED (Commissioner McBurnoy absezit) that the Anaheim City Planning C ommiasion does hereby recommend approval of Development Agreement No. 87-01 t c~ the City Council and Also recomrnending that City Council review those c auditions on which the developer and staff do not agree, and further recommends that the City Council review Environmental Impact No. 271, and Addendum, Reclassification No. 87-88-14, and Conditional Use Permit No. 2946 i n conjunction with Development Agreement No. 87-01. Z ~M N4,, 13 ~.~A.~VbAR~'~i.0.~1.._._W~V~~~~~4Q~~.Sl~. ~E CONOITIOI~,~J~F PERMIT N0. .942 OWNERS: SUBURBAN MANUFACTURING ~0., P.0. Box 399, Dayton, Tonn., ATTN: RALPII RUGY. AGENTS: WILLIE J. GUESS, 2908 E. Quincy Avenue, Orange, CA 92667. Property described as rectangularly-shaped parcel of land consisting of approximately 0.84 acre, 1183 North Kraemer Place. To retain a truck repair facility with waivez• of minimum num4er of parking spaces. There was no one indicating their presence in opposition to subject request and although the staff report was not read, it is referred to and made a part of the minutes. Bill Guess, agent, explained h© proposes to open a general truck repair facility in 4500 sq. ft. of an existing 12,000 sq. ft. building. THE PUBLIC HEARING WAS CLOSED. Commissioner Herbst asked if they will repair trailers there. Mr. Guess stated there will be no trailers, and the tr~~ck operator will have to drop the trailers at their own facility. CoRUnisaioner Feldhaus left the meeting temporarily. Mr. Guess responded to ~'~mmiasioner Herbst that there will be no outdoor storage. Chairman Messe asked if the driveway on the northern part of Kraemer Place could be closed. Mr. Guess replied it could be closed. Commissioner Carusillo stated Lhat would allow more parking spaces. Mr. Guess stated the -684- ~ ~ MI.~1V.~P;&~..._B~Li7+~F~ 1 M C I~X..P.GI.~L:' I ~iC~~.Q1~JI S~~ QN..._SE~T~..M~~~_.1~.. _.13.@?____ __~.~.._.._ only parking that is used, other than what they vsd, is for three employc-es who work for Suburban Manufacturing and they park on the atreut. Chairman Mesas stated he thought everybody pr+rkR on the street, including some of the trailers, but if they are willing to close the driveway, he could go along with this request. ~,~Q~T; Commissioner Herbt offered a motion, seconded by Commissioner Bouas and MOTION CARRIED (Commissioner McBurney absent) that the Anaheim City Planning Commission has reviewed the kroposal to retain a truck repair facility with waiver of minimum number of parking spaces on a rectanqularly- shaped parcel of land consisting of approximately 0.84 acre located at the southwest corner of Coronado Street and Kraemer Place, and further described as 1183 North Kraemer Placej and does hereby approve the Negative Declaration upon finding that it has c nsidered the Negative Declaration togethor with any comments received during the public review process and further finding on the basis of tiie Initial Study and any co-nmenta recei~•od that there is no aubatPntfal evidence that the project will have a significant effect on the environment. Commissioner Herbst offered a motion, seconded by Commissioner. Bouas and MOTION CARRIED (Commissioner McBurney absent) that the Anaheim City Planning Commission does hereby grant waiver of Code requirement on tY.e basis that the parking waiver will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uxes and granting of the parking waiver under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. Commissioner Herbst offered Resolution No. PC87-193 and moved for its passage and adoption that the Anaheim City Planning Commission dons hereby grant Conditional Use Permit No. 2942, pursuant to Anaheim Municipal Code Section 1$.03.030.030 through 18.03.030.035 and subject to Interdepartmental Committee Recommendations. Greg Hastings stated the conditions a:a tied to the cortunencement of activity and since this business is already existing, the Commission should impose a time period in which to comply with the conditions. Malcolm Slaughter, Deputy City Attorn%y, explained closing the driveway means installing curb, gutter and sidewalk to meet City standards. Mr. Guess stated there is no sidewalk there now. Mr. Titus standard curb and gutter would then be required. Commissioner Herbst included a 90-time limit to comply with conditions. On roll call, the foregoing resolution was passed by the following vote: AYES: BOUAS, BOXDSTUN, CARUSILLO, HERBST, MESSE NOES: NONE ABSEt:T.: FELDHAi1S, MC BURNEY -685- MI~iTE.S~~ILAHE.IMS~.~.~'~HiN~-~QMMISS_I9.1~._.xE.1EEg..~4._..1~.;~.Z ..__._.__ - Malcolm Slaughter, Deputy City Attorney, p4eaented the written right to appeal the Planning Commission's decision within 22 days to th.: City Council. Comsnissionor Feldhaus returned to the meeting. ITEM .L~.2~_l4 E.~13FSp-TI,Y~~S.~A8~.L4~.~18~LEg_4~SQP~ AE.Q~~.S.E.M~N~iNp COH___ D~.O~I~Ly.S.Ew?~EtMIT..~_~_~949 PUBLIC HEARING. ChtJERs LARRY R. SMITH, 1'1046 marina Bay Drive, Huntington Beach, CA 92647. AGENTSs BOB AND NANCX BAKER, 1046 N. Stern Avenue. Westminster, CA 92607. Property desscribod as en irregularly-shaped parcel of land consisting of n•~,~oximately 3.56 acres, 919-959 Knott Street. To permit on-sale beer in a billiard center with waiver of minimum number of parking spaces. g~~Q.Ms Commissioner Bouas offerod a motion, socanded by Commissioc~ur Herbst and MOTION CARRIED (Commissioner McBurney absent), that consideration of. the aforementioned matter bo continu~3d to the meeting of Srlptember ?.0, 1987, at tho request of the petitioner in ordor to comploto a parking study. BEM NQ •_..1~ E.I~i~IE~.~.~-~~~G.A88~~4N w~~.~ Q~.G.4~_~~2LII~EMFLI.T~A~P PUBLIC HEARING. OWNERS EAST ANAHEIM ENTERPRISES, 8100 E. Howell Ste. N 101290 Ana;~im, CA 92006, ATTN: FRED M. SELIGMAN, M.D. AGENT: DAN L, kOWLAND, north Hancock St., Ste. 8204, Anaheim, CA 92807. Property described as a an irregularly-shaped parcel of. land consisting of approximately 6.3 acres, 5100 to 5150 East La Palma Avenue. To permit an industrially related office complex (including industrially related sales businesses) in the Anaheim Canyon Industrial Area with waiver of minimum nwnbe1• of parking spaces. There was nu one indicating their presence in opposition '•.o subject request and although the staff report was not rt;ad, it is referre,l to and made a part of the minutes. Dan Rowland, 1290 N. Hancock, Anaheim, stated they are applying for a conditional use permit in accordauce with the staff report; thak they count they the parking spaces as being precisely what is required by Codes however, are willing to accept the fact that the staff disagrees and will accept the waiver for 5 parking spaces. He added they have 41 additional parking spaces which are subject to an Edison Campany overhea4 easement, so that is an additional 10~ over what is required. He stated this request is for nothing special and is a conditional use permit Lo permit office use in accordance with Code and the lettdr attached to the staff report which thoy agree to, which limits the type of office use. THE PUBLIC HEARING WAS CLGuED. -606- RTES, ANAII~IM_S~~'Y_P~A~~I~C~MMI.S~.1QNr._.S.~~M$ER_.~~.~~.SI~- Annika Santnlahti, Zoning Administrator, atatod t:l~e Traffic Engineer ns left, but he felt the parking waiver was so minor he would have no problem. Chairman Messo stated he has a prob]em with the traffic report which came up with b80 trip ends and asked if that was based on an office and light industrial type building. He stated a specific executive traffic study which was done on the Canyon Industrial Area traffic impacts and thought it would be heavier. Mr. Rowland stated they did three studies for the Traffic Engineer and an additional study based on the trip ends was requested and those were revised and accepted, avid also a study to make sure the internal circulation on site was adequate was requested and submitted. Ma. Santalahti stated she understood the final study was accepted and the Traffic Engineer had no problem with approval, Mr. Rowland stated the staff report mentions specifically that the traffic study was approved. He stated he did not like to bring in a request for a parking waiver, and added if ttiia is not approved they would appeal it based on the sL•aff report which shows about 15 similar projects which were approved in that general area. Commissioner Herbst stated there is one right across the street and they were before the commission previously with a similar request. He atatod there are thousands of square feet of vacant office space right now and he thought even though this has been allowed, in his opsiiion, it should bo stopped. He stated this is taking away from the industrial zone and making it appear as an office zone and the usss allowed thorn are supposed to service the industrial community. He referred to the plans showing 9,000 sq. ft. of warehouse and 17,000 square feud ~f office space in the same building and stated being an industrialist, he co~.~ot accept that kind of thinking, and this makes the area bppear to bean office ,:rea, and these cannot be used as industrial buildings. He stated he goes down La Palma every day and sees the vacant buildings he voted against; and that he still has not changed his mind because there is just too much with thou ;ands of square feet empty. Fred Seligman, 2900 Dias Avenue, stated he has a 150,000 sq. ft. industrial nark right around the co'ner and this is not typical office building and has 14-foot high clearance ano she offices are flexible and can be attached to the unit below and someone could ro.it 2,000 to 3,000 sq. ft. with approximately 501 offic<: and 501 warehouse. He stated it has an open second floor and that is divided and that these are small units an3 there is a tremendous need; that they will bo full within nine months to a year aft«r completion. Hc: ..fated this is strictly high end industrial and is service and distribution and that is the future of the industrial in this area, and is for the small companies starting out which need some office space for records, etc. and need warehouse space and don'k want to be near the machine shop or automotive repair facility, and they want a clean, nice looking environment and want to pay industrial rents in an industrial area. Chairman Mesae asked the amount of rent, and Mr. Seligman responded .75~ to .BOd per square fcot, which is high for industrial, but _ ~w far office use. He stated when Hanover goes ahead with their development, it will eliminatb a lot of small type tenants in that area and they will be looking for places to -6A7- ~'~,'ES.e_._a~~NFTM C TY PLAIINZiiS~.~.4.t~lIfi~I4N~_.,SF.~TFNs~~Ii_.~..~-2@Z.._. --- leasin and management and rent, and his objective is development, b~Ailding, 9 he is responding to the demand in the market places and that he will not build offic^ buildings but will build what ha thinks he can lease. ft. of office and 29,000 sq. Chairman Meese stated Building A is 15,000 sq. ft. of warehouse and that is not the same as renting warehouse as warehouse and office as of.ic©. Mr. Seligman stated Building A. is a mezzanine building and there are ~ couple of buildings with an office of 1,000 sq. ft. upstairs and 1000 sq. lt. warehouse downstairs with a connecting stairway, and if they get the a '~inandastorage,whetwilllrentithe upstairsrand downstairsrs and if he wants off ce Commissioner ftrbof warehousotspacelandgasked howithat8wou01dsbo divided Lfice and 9.00 eq. Mr. Seligman stated acL•ually some warehouses have an office in the front and it is really half and half nd the downstairs can be used for all warehouse: although the front is air conditioned, and can be used as an office and th;.re are 14 units upstairs and there are 14 stairways, and its own bathroom and electricity and the stairway could be connected the 14 unite dcwnstairs, so there is the flexibility of giving the tenant 1,000 feet up and down which is 2,000 or 2,000 down and 1,000 up, etc. but it is industrially related. Commissioner Herbst stated this is the same storYbeedifferenta Dutothewuses other buildings. He stated the construction may are the same. Mr. Seligman stated in their other similar. facilities, they have rented to landscapers, importers, beer kits distributors, etc. Commissioner Feldhaus stated about two months ago he read about this type of development in the BIA magazine and it is really becoming 2opular in this County and it is a "hot item" right now to satisfy those needs. Chairman Messe stated this certainly is more flexible than the office buildings which have been approved to service the industrial area. ACTION: Commissioner Bauas offered a motion, second9d by Commissioner Feldhaus and MOTION CARRIED (Commissioner McBurnoy absent) that the Anaheim City Planning Commission has reviewed the proposal to permit an industrially-rQaltod office complex (including industrially related sales businesses) in the Anaheim Canyon Industrial Area with waver of minimum number b£ parking spaces on an irregularly-shapedroximately 402dfeetsontthe of approximately G.3 acres, having a frontage of app south side of La Palma Avenue, immediately east of the centerline of the southerly terminus of Kellogg Drive and further dascribfj as 5100 through 5150 East La Palma Avenue; and does hereby approve the Negative Declaration upon finding that it has consi3ered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and any comments received that there is no substantial evidence that the Project will have a significanL• effect on the envy^~ment. -688- ~;j~,jj~~1 ANAH.~,~.j~ CITY PL~1Z1~Sz.~.Q~IS.~4d1.~F.~^"'M9~.8_.~4.~] Q~T__.___._ ~.. Commissioner Bouas offered a motion, seconded by Commissioner Feldhaus and MOTION CARRIED (Commissioner McBurney absent) that the A;,aheim City Planning Commission ~]oers hereby grant waiver of Code requiremenC un the basis that the parking waiver will not cause an increaso in traffic congestion fn the immediate vicinity nor adversely affect any adjoining land usA3 and granting of the parking waiver under the conditions imposed, if any, will not bo detrimental to the peace, health, safoty and general welfare of the cit3~ona of the City of Anaheim. Commissioner Bouaa offered Resolution No. PC 87-194 and moved for its pASSage and adoption that the Anaheim City Planning Commission does hereby grant Conditional USe Permit No. 2947, pursuant to Anaheim Municipal Cod~+ Section 18.03.030.030 through 18.03.030.035, subject to Interdepartmental Committee Recommendations. Commissioner I•Iorbst staL'ed he would vote in favor of this request yecause the applicant gave some good arguments and stated he does come by t~iure everyday and he wants to see urea that service the industrial arc:u. Chairman Messe stated his shop is four blocks away and he wil3 be watching it also. On roll call, the foregoing resolution was passed by the following vote: AYES: BOUAS, $OYDSTUN, CARUSILLO, FELDHAUS, HER$ST, MESSE NOES: NONE ASSENT: MC BURNEY Malcolm Slaughter, Ueputy City Attorney, presented tho written right to appeal the Planning Commission's decision wi'~hin 2.: days to the Citl• Council. ITEM_•~Q,,~. g~g~g~0$; C1,___AL EXEMPTION - CLAB.;?E;~~.d_3 ~1D CONDITIONAL US>i PERMIT N0. 1859 PUBLIC HEARIIiG FOR AN EXTENSION OF TIME. OWNER:Ottis E. Pittman, 1401 North Jefferson Street, Anaheim, ,A 92807. Property described as a rectangularly-shaped peace: of land consisting of approximately 5.0 acres, 1401 Nort'~ Jefferson Street. Request to amend conditions of approtidl of Resolution Nos. PC78-126 and PC85-265 for approval of an extension of time a,~d approval of a revised exhibit to retain a privato cat kennel and maintenance and storage yard for heavy equipment. There was no one indicating their presence ~n opposition to subject request and although the staff report was not read, t i~ referrod to and made a part of the minutes. Ottis E. Pittman, owner, 1621 N. Lindendale, Fullerton, stated he is requesting an extension or time and also a further expansion of the existing contractor rental space. THE PUBLIC HEARING WAS CLOSEf-. -689- j~1.l3tJT.~S1 ANAH~,~,j~ CITY PLANN~OMMISSIO.ZT, SEP_~~.~$.•.~,9~1~$Z~ _._. Commissioner Herbst referred to the letter of credit for the widening of Jefferson which expires in February 1989, and asked if he would bo willing to continue that for f.ivn years. Mr. Pittman responded he could Dither continue the letter of credit or go ahead and improve Jeffers;n by the time it expires. Jay Titus, Office Engineer, stated the Commission could Dither continue this until February 1989 or until 1942 with the letter of credit extended to that date, and with the condition that the improvements would be installed upon demand of the City Engineer in case there is a need for them prior to 1992. He stated it would be fine if the improvemor.ts were done prior to 1989, and right now there is na guarantee that the improvements will be made and when the letter of credit expires, the City has no security. Commissioner Herbst stated the condition will be that he either extends the letter of credit or puts the improvements in. Mr. Pittman agreed that is acceptable. Tt was noted the Planning birector or tiffs authorized representative haA determined that the proposed project fails within the definition of Categorical Exemptions, Class 1 & 3, as defined in the State EIR Guide~.ines and is, therefore, catey rically exempt from the requirement to prepare an EIR. ~TIONs Commissioner Herbst offered Resolution No. PC87-195 and moved for Sts passage and adoption that the Anaheim City Planning Commission does hereby grant a time extension for a period of five (5) years to expire on June 5, 1992, on the basis that said use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor ko the public peace, hea1L•h, safety and general welfares and does nereby approve the revised plan labeled Revision No. 1 of Exhibit No. 1 permittiny th,j wRSterly per ion of subject property to be leased to i-.dividual contractors for outdoor storage of various products and equipment:, subject to the following revised Condition Nos. 9 and 12 of Resolution No. ..~C78-126, anci tnree additional Condition Nos. 13, 14 and 15: Nn. 9. That subject property shall ba. developed substantially in accordance with plans and specifications on file with the City of Anaheim m~ rke.d Exhibit i7o. 1 of eevision No. 1. No. 12. That the proposed use and requested waiver are granted for a five-year period until Juno 5, lsa2. No. 13. That all aterials or equipment stored o,itdoors in the proposed rental >ra3e are~s~ shall nor fits stacked higher than nor be visible above the chainlink with x•edwor,d slats fencing enclosing maid area. Nc. 19. That the proposal shall comply with all signing requirements of the ML "Limited Indust~.ial" Zone unless a variance allowing sign waivers is approved by the City Council, Planning Commission or Zoning AcLninistrator. -690- EPTEtLBE$_-x.4..._3,.2.9.7 ----- MI)?L.TF.~...-.~~3F~t.S~.TJ~.~4i~~ll..tiSz.-~~ISM-b.SfiI4N~ s Commissioner HhrextireseineFebruary 1989erand askedtifot:etwoulddbeiwilling to Jefferson whic P continue that for five years. Mr. Pittman responded ho could either continue the letter of credit or 9~ ahead and improve Jefferson by the time it expires. Jay Titus, Office Engineer, stated the Commission could either rontinue this until February 1989 or until 1992 with the letter of credit extended L-o th8t. date, and with the condition that the improvemoneed fordthemipriorito 1992. demand of the City Engineer in case th~~ were done prior to 1989, and He stc.ted it would be fine if the impru right now there is no ryuarantee that the avements will be made and when the letter of credit expires, the City has no security. Commissioner Herbst stated the condition will be that he either exCen~s the letter of credit or puts the improvements in. Mr. Pittman agreed that is acceptable. It was noted the Planning Lirector or h3.s authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1 & 3, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. gCTION: Commissioner ilerbat offered Resolution No. PC87-195 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby grant a time extension for a period of five (5) years to expire on June 5, 1992, on the basis that '.aid use permit is being exercised in a mangier ,.c~ detrimental to the particular area and surrounding land uses, nor to rues the public peace, health, safety and general welfare; and does hereby app revised plan labeled Revision No. 1 of Exhibit No. 1 permitting the westerly portion of subject property to be leased to in.lividual contractors for outdoor storage of various products and equipment, subject to the following revised Condition Nos. 9 and 12 of Resolution No. PC78-126, and three additional Condition Nos. 13, 14 and 15: No. '~. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1 of Revision No. 1. No. 12. That the proposed use and requested waiver are granted for a five-year period until June 5, 1997.. No. 13. That all materials or equipment stored outdoors in the proposed rental storage areas shall not be stacked higher than nor be visible above the ct,ainlink with redwood slats fencing enclosing said area. No. 14. That the proposal shall comply with all signing requirements of the DSL Limited Industrial" Zone unless a variance allowing Sign .~ waivers is approved by the City Council, Planning Commission or Zoning Administrator. -690- L~~TFS _ ANAHEIM C7,~T,Y g(,ANNI G_S.S?~.~iS3QN..~~x.EM~'~~? 14, 198_ No. 15. That the letter of credit guranteeing the installation of street and street lighting improvements (Condition No. 1) on Jefferson Street shall be extended to expire in 1992, or the improvements shall be madei and that the improvements shall be made upon demand by the City Engineer prior to 1992 i1 deemed to be necessary by the City Engineer. On roll call, the foregoing resolution was passed by the following vote: AYES: BOUAS, BOYDSTUN, CARUSILLO, FELDHAUS, HERBST, MES5E NOES: NONE ABSENT: MC BURNEY Malcolm Slaughter, Deputy City Attorney, presented the written right to appeal the Planning Commission's decision within 22 days to the City Council. STEM R0. 17 ~F.~P4$~5~1+~--~~9r' F+L~~-A~.3.4N.~ A. ~~~Q~~~sE PER~1~ N0. 2074 - Request from Richard C. Hunsakor for a termination of Conditional Use Permit No. 2074, property located at 2795 Regal Park Drive. ~f;~,~I: Commissioner Herbst offered Resolution No. PC87-196 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby terminate Conditional 115e Permit 2074. On roll call, the foregoing resolution was passed by the following vote: AYES: BOUAS, BOYDSTUN, CARUSILLO, FELDHAUS, HERBST, MESSE NOES: NONE ABSENT: MC BURNEY B. COND~T,.3_Q,1~.~ 1ytSF PERMIT N0. 1746. - Request from Richard E. Dunham and Beverly A. Dunham fez a termination of Conditional Use Permit No. 1746, property located at 1176 Osprey Circle. ACTIQ,~: Commissioner Herbst offered Resolution No. PC87-147 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby terminate Conditional 17se Permit No. 1745. On roll call, the foregoing resolution was passed by the following vote: AYES: BOUAS, BOYDSTUN, CARUSILLO, FELDHAUS, HERBST, MESSE NOES: NONE ABSENT: MC BURNEY 3003 - Request for C. N t ONAL USE ,PERMIT N0. 2~„~4 A.ND VAPIA I~C~. N0. final specific plan review from Ken Van Gorden, Clyde Carpenter & Associates, Inc. to i+prmit a gas station with a mini-mart and a car wash, located at the intersection of the Riverside Freeway and Weir Canyon Road, with frontage also on Santa Ana Canyon Road. -691- ~ ~ ~j]T~S..__A~3AH.F~.IM.~~.~X_k'Jr11~i~d3.LiG.SS2~& t.~.QN1rS.EpTEMHFR _~4..._.1~?~~._._._ Ken Van Gordon, Architect, Shell Oil Company, explained thio is a r.,y~ueat for specific plan approval of a previously approved conditional use permit and variance. He stated the price sign on the plan at the main entry to the station was put therA in an effort to help guide customers back to the lot because the lot has a single driveway of. Santa Ana CaT~yon Road and an internal accosoway. Ho stated it is part of the agreement with the developer to process an overall sign package, and Shell still expects to get an identification sign and price sign on a separate monument on Santa Ana Canyon Road. He explai~ied he is bringing that up because the agreement is that the developer will do the sign package for the overall shopping center, and they have ignored that here because they fe]t it would be appropriate as part of an overall sign par_kage. Commissioner Herbst stated signs have to conform to the Scenic Corridor Overlay regulations. Mr. Van Gordon stated She'.1 is required to have price signing from an adjacent street or they are in violation of the BtaL~i law. Annika Santalahti, Zoning Administrator, stated the signing regulations are fairly stringent in the SC Zone and address specifically service stations incorporated within a shopping center. She stated they had oiscussed possibly filing a variance and conditional use permit for an overall signing program and staff: insisted it be for the entire project so that each future tenant is no L• coming in and indicating their need for. a freestanding sign and the overall developer has not submitted anything yet, but staff is aware of the price sign and Code address it, but it might not fit this site since they are not right on the corner. Commissioner Herbst asked what type construction makerials will be used. Mr. Van Gordon responded it will be painted sheet metal. Commissioner Herbst stated this is at the entrance of the Anaheim Hills community and this site will be standing out like a sore thumb and it appears it would benefit the Shell Oil Company to do something rather than the standard sheet metal service station in that location. He stated he realised the property owner may have some constraints, but he would suggest they do something better than is shown on the plans. Chairman Messe agreed. Mr. Van Gordon stated Mr. Savoy, agent for Hutton Development Company, wrote a letter dealing with compatibility, and he would address that issue. He stated most oil companies have their headquarters at some other location and those type decisions are made there. He stated in this case the owner of the property has agreed. Commissioner Boydstun stated Shell stations in Mission Viejo and other areas don't look like this. Savoy Belleve, representing Shell Oil Company, stated this is not just an ordinary sheet metal building and the newer ones are nicer and he rcould not agree that they do not look good. He referred to the staff report which indicated he did write a letter stating they as landowners are approving the architectural design of the proposed station and that ~692- ~ ~ M1,~Ffi._..BN.Ak~~M.-C~TX._P.GA~Il3~.S.41~R'tt&&~9i;1~.._S,~P.~~3~i_~,4...~.Q.S3._..-..---.._.._ __.__~_.._ the fu~ure development of that site would be compatiblo with the aervice station and are in ,~o way epreaenting that the rest of the centor is going to be painted sheet u.atal. Ho stated thero is not much that can be done to camoflouge a aerv.tco station. Commissioner Horbst stated thwro is a lot that can be done and Commissioner F'eldheus stated he has aeon them with stucco. Commissioner Buuas atatod as long as the centor is not tied intro looking like tlio station, it would prabnbly be all right. CoTmisaionor Feldhaus stated tho Commission ie just tc;ing testAdpthe nice aesthetic look in that area and Commiaaione~r Bouaa sugg ealiny discuss any other plans Shell might have which would be more app 9• Comsnission~er Herbst stated that will probably one of the only aervice aL•ationa in that area and, hopefully, there will bo a regional shopping centor across t"e atreot and and Shell should recognise that and do something roally nice since they will be the first ones in. Berney Smith, Shull Oil Company, stated unfortunately they think this building is greats that it is the newest thing they have ar~d is the new Ho "Silveredo" design and presented a colored picture of the station. stated this design was just adopted within the last year and they are trying to move nationwide with it, and think it is a wquldllik~+•toebuild over the old atatious and is the design package they in >;ast Hills. Commissioner Bouaa stated it looks butter in color than it does on the plan, and the other Commissioners agreed. Commissioner Bouaa asked it this will be approval for all the signs, and Annika Santalahti stated signs are not a part oL what the Commission fs approving and thoy will have to come through staff or there will be a subsequent public hearing. Mr. Smith stated the total sign plan will be done by Hutton Development Company. $~~q~s Commissioner Herbst offerod a mot?.o n, soconded by Commissioner Bouaa and MOTION CARRIED (Commissioner Mc$urney absent) that the Anaheim City Planning Commission does hereby approve submitted specific plans in conjunction with Conditional Uae Permit No. 2844 and Variance No. 3603 and fuTtAdvertising limitationanofptheeSceni~aCorridor Overlay Zonehe outdoo ADJOURNMENTS The meeting was adjourned at 8s10 p.m. Respectfully submitted, i;dith L. Harris, Secretary Anaheim City Planning Commission OO18m -693-