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Minutes-PC 1980/11/03
Civic Center Anaheim, California Novomber 3, 1980 REGULAR MEETING OF T11E ANAIiE I M C l TY PLANNING COMMISSION .~~._~ - REGULAR - The regular meeting of tl~e Anaheim City Planning Camrntsslon was called MEETIIIG to order by Chairman Toler at 1:37 P•n., iluvember 3, 1980 In the Council Chang er, a quorum being present. PRESENT - Chairman Toler Commissioners: Barnes, Bouos, Bus ho re, Fry, Herbst, Klnq ALSO PRESENT - Ronald Thompson Annika Santalahtt Joel Ficl, Jack White Frank Lowry Jay Titus Lisa Stipkovicl~ Greg Hastings Jay Tashi ro Edith Harris Planning Director Assistant Dlrectar for Zoning Assistant Director Ror Planning Assistant City Attorney Senior Assistant City Attorney Office Engineer Housing Manager Assistant Planner Associate Planner Pianning Commission Secretary PLEDGE OF • The Pledge of Allegiance to the Flag was led by Commissioner Herbst. ALLEGIANCE APPROVAL OF -Commissioner Ktr~ offered a motion, seconded by Comrnisstoner Fry THE MINUTES and MOTION CARRIED (Chairman Tolor abstaining), that the minutes of the meeting of October 20, 1980 be approved as submitted. CONTINUED ITEMS: ITEM N0. 1: EIR CATEGORICAL EXEMPTION-CLASS_1 AND CONDITIONAL USE PERMIT N0. 211 UBLIC HEARING. OWNERS: NI CH L NO MA UR INI, 33 on ~, WhlEttcr, CA 90603. AGENT: JOIIN H. DAWSON, 46 y0 Von Korman, Newport Beach, CA 92060. Property described as a rectangularly-shaped parcel of lan~+ consisting of approximately 1.03 acres, having a frontage of approximately iy0 feet on t'~a north side of Katella Avenue, having a maximum depth of approximately 3~0 feet and being located approximately 8~0 feet east of the centerline of Harbor Boulevard, and further described as 401 West Katella Avenue, ~C. Property presently classified C-R (COMMERCIAL-RECREATION) ZONE. CONDITIONAL USE PERMIT REQUEST: TO RETAIN AN ADULT ENTERTAINMEiIT BUSINESS IN THE C-R ZONE. SubJect petition was continued from the meeting of October 6, 1980 at the request of the petitioner. It was noted the petitioner has requested a four-week continuance. 80-615 11/3/80 ~.. r MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEMBER 3~ 190 80.616 CONTINUED ITEMS (CONTINUED) ACTION: Commisslo.~..r Barnes offered a mQttan, seconded by Cammissioner King and ~t~V CARRIED UNANIMOUSLY, that the aforementioned anatter be continued to the regulerlyschedufed meeting of December 1, 1J80, at the request of the petitioner. s USE PERMIT N0. 2125 AND WAIVER OF PUBLIC HEARING. OWNERSs R. H. AND THEODORA R. SIEGELE, S00 South Atchtnson Street, Anaheim, CA 9280y. AGENT: E. E. ROUNDS, LEROY D. OWEN COMPANY, 500 South Main Stroet, Orange, CA 926G8. Property described as a rectsngularly-shaped parcel of lend consisting of app roximately 0.52 acre, located on the northwest corner of South Street end Rose Street, having a frontage of approximately 50 feet on the north side of South Street r..nd a frontage of approxinwtely 450 feet on the west side of Rose Street, and further described as 913 Eest South Street. Present classtficatlon MI. (INDUSTRIAL, LIMITED) ZONE. CONDITIONAL USE PERMIT REQUEST: TO PERMIT AN AUTOMOOIIE REPAIR FACILITY IN THE ML ZONE WITII WAIVERS OF (a) MINIMUM LANDSCAPED SETBACr. AND (b) REQUIRED SITE SCREENING. It was noted the petitioner had requested a two-week conttnusnce. ACTION: Commissioner Barnes offered a motion, seconded by Commissioner King and ~~ CARRIED UNANIMOUSLY, that the sforementioned matter be continued to the regularly-scheduled meeting of November 17, 1Q80, at the request of the petitioner. MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEMBER 3, 1980 80.617 2: N0. 2 PUBLIC HEARING. OWNERS: LEWIS L. WRIGiIT, ET AL, c/o ROBERT MORRIS, 3010f1 Crawn Valloy Parkway, S utte 22, Laguna Niguel, CA 92677• AGENT: RICHARD L. FORD, 34192 Violet lantern, Dana Point, CA g2G29. Property described as an irregularly-shaped parts) of lend consisting of approximately G,6 acres, having a frontage of approximately 52y feat on the north side of La Palma Avenue, having a maximum depth of opproximately 780 feet, and being located approximately 570 feet east of the centerline of Mir stoma Avenue, and further described as 2633 East La Palma Avenue. Property presently clesslfied RM•1200 (RESIDENTIAL, MULTIPLE-FAMILY) ZONE. CONDITIOIIAL USE REQUEST; TO PERMIT A 15G-UNIT, G6$ AFFORDABLE CONDOMINIUM CONVERSION WITH WAIVEkS OF (a) MINIMUM LOT AREA PER OWELLINf, UtIIT, (b) MAXIMUM STRUCTURAL HEIGHT, (c) MAXIMUM SITE COVERAGE, (d) MINIMUM FLOOR AREA, (e) MINIMUM RECREATIONAL- LEI5URE AREA AND (f) MINIMUM NUNBER ANO TYPE OF PARKING SPACES IN TkIE RM-1200 ZONE. TENTATIVE TRACT REQUEST: TO ESTABLISH A 1-LOT, 15G•UNIT, GC$ AFFORDABLE CONDOMINIUM CONVERSION SUBO I V I S I Oll. There were !pars ons Indicating their presence In opposition to subJect request, and although the staf f report wes not reed at the public hearing, it Is referred to and made a part of the minutes. Richard Ford, Pa cific Environmental Planning , stated to succeed in making the community abetter place to live, a balanced spectrum of housing must be created; that in Orange Co unty today, home ownership Is almost impossible; that naturally tt will be morn expensive initially to purchase a home, and the gap has been considerably lets nsifled by making less expensive living units unavailable far purchase. He stated several waivers for this particular protect have been outlined which would increase the cost of the units if met, such as ;•quare fcx~tage, parking, open space, etc. and if t`+esr~ were rental units, the waivers would not be necessary because the standards are different for ownership making them more expensive and the gap between ownership end rentership even wider. Fie stated one way to close that gsp is to build new protects with lower standards and another way is to utilize existing structures throw gh conversion. Mr, Ford stated the problem with higher densities 1s that it may cause a lower quality of Iivin g in the community over the long run. Ne stated conversions are short range iron sitlons and there are problems for the pe 'e who actually live there. HQ described the occupants of this protect as tho ;Iderly on a fixed income, families who can not afford to buy, students who are relatively transient, lower Income people who qualify to buy, but choose not to and higher income people who prefer not to have the responsibility of ownership. Mr. Ford felt their program addresses most of the tenant Issues. He referred to the Housing Departme:nt's analysts and explained they are providing one-fifth of the protect for Sect ion 8 rental housing for the elderly on fixed incomes fora period of flue years. He stated families who cannot afford to buy and students will be provided one year lease agreements to allow them an opportunity to live out the tere~ they have chosen or to relocate to new housing. He stated lower income people who qualify but choose not be buy will be provided homeownership workshops designed 11/3/ MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVE1wlE4 s, 1`80 80.618 EIR CATEGORICAL EXEMPTION-CLASS 1, CONDITIONAL USE PERMIT N0. 2122. WAIVER OF CODE REQUIREMENT AND TENTAT 1 VE MAP OF TRACT N0. 112Sb (,CONTI NUEO) sped f Ical ly to educate them as to the rights and raspor~~ Ibi l i tle~ that +Qo with homeownership. Ha stated in addition. one hour of a Certl~ red Pui~lic Accountant's t Ime w 1 11 be prov (dad for each unit so the tenants can proper 1 •; access the consequences of purchasing. Nsnnah Malametz, Apartment No. 107, 26 33 La Palma Avenue, stated shre is a senior citizen and has lived In this protect for seven years and takes taro of a ti7 year old daughter wt th r.encer. She stated this protect i s close to the bus route and she uses the bus to take her daughter to six different doctors. She stated ~~he also has a sm++ll 14•year old dog and was concerned that she could not find another apartment compiex that would accept dogs and she did not want to take the dog away from her daughter. Mrs. Malametz stated she has worked al 1 her Ilfe and has never accepted money from the government and ncyw does not knave whet she wi 11 do. She stated It wl 1 1 take a lot of improvements to convert these units to condomini ~,ms. She referred to the petitioner's comment that the tenants will be given one year to relou~te, and pointed out she I~as friends in other complexes whu were given one year's notlc:e and then were forced to rmve in three nnnths. Earl Lana, Director of Golden State Mobile Homeowners League, 760 West Laanita Boulevard, ilsrbor City, questioned the reference made to Section @ hou!~ing, and was concerne~ about an increase in traf fi e. (1 t was determined Mr. Lane was interested in another item on the agenda.) Mr. Ford did not know whether Mrs. Ma ismetz would qualify far Section 8 housing and stated if she does not, he will push for special consideration of her s"s tuation. He explained a minimum of one year will be provided and if absolutely necessary, relocation assistance would be provided even though they are trying to avoid it. TiIE PU6LIC HCARING WAS CLOSEU. Lisa Stipkovirh, Mousing Manager, explained bastcaily anyone 62 years or older or handicapped, ur a family would be eligible for Section 8 housing If their income is at f30~ of the medium or less which is S16,000 a year or less for a fame ly of four. She stated the medium income fora family of four in Orange County today is S23.000 a year. She explained Section 8 is a federally-funded program providing rental subsidy far law and moderate income parsons by paying a portion of their rent which is the difference of 2yY of their adJusted grass income and the actual rent. Commissioner Herbst asked if a survey was done of the tenants to show who would be interested in buying. Mr. Ford replied they used the rental applications of the tenants and adimittedly some of thorn are outdated. He stated they also hand del ivered a survey questionnaire to each unit individually and the results are indicated in the nu,narandum from Lisa Stipkovich to the Planning Commission. He stated there are tOh tenants wt~o would qualify for the Section 8 program. Commissioner Herbst asked if the developer did an actual survey of tenants to determine who can afford to uu~ and whether they would have a down psyrs~ert, etc. t t/3/8o ~, § ~ MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEMBER 3~ 1~~30 80.619 EIR CATEGORICAL EXEMPTIOH•CI.ASS 1, CONDITIONAL U5E PERMIT N0. 2122, WAIVER OF COOS REQUIREMENT ANO TENTATIVE MAP OF TRACT N0. 11256 (CONTINUED) Mr. Ford replied they performed a survey, and did ask what down payment would be avsifable and found down payments to general were lacking. He stated, therefore, thfly have Incorporated down payment subsidy Into their program that would be acceptable to a lending instituttun which amounts to a credit of 5Z of the purchase price (S2,600) to the occupant In Ileu of specific upgrades (carpet, dr~+pes, appliances). He stated they anticipate ma~~y people do not have even this modest down payment and this would provide an opROrtunlty for them to nnve to ownership. Commissioner Herb%t asked what the monthly payment would be for a S47,on0 unit, compared with rents the tenants arc currently paying. Mr. Ford explained payments would probably be between 5525 and SS6n per rtnnth, including taxes, and current rents are between 53i~y and 53G; per month. He stated over a period of time the payment would be amortized and in 3 to 5 years rents would be the same or definitely would exceed that amount in ten years. lie strongly believed this will protect people's homes and gat them In to a situation where they are in control of their monthly payments for 30 years and is a much wiser economic choice. Chairman Toler agreed with Mr. Ford's statement, but was concerned about displacement of those tenants who cannot afford the 552y monthly paymc nt. lie stated with the affordable housing price controls that would be a part of this protect, the equity build up would be minimal for the first five years. lie f clt a mater problem will be Isck of down payment. iie questioned the possibility of financing because most lenders would not allow a portion of the down payment to be borrowed from any other source . Chairman Toler felt there Is too much bureaucracy and interference with development of hous i ny throughout the stag, but was not sure t t i s r lght to pass the responsibilities of providing housing an to the property owners. Ne stated he believes in the free enterprise system and property owners should be able to develop their property in a reasonable fashion. However, he did not feel every project should be approved Just because it does provide low cast housing. Chairnan Toler felt government-subsidized housing is a fc,rm of socialism, with government being responsibie for taking care of low incor-~e people, but felt a balance must be created. Ile stated ho was concerned about this project and the displacement of tenants and he felt this could be a good wndominium conversion project if it can be tied to those things desired by the Commission. He also felt Mrs. Malametz would qualify for Section U hous ing. Conrnissioner Herbst was concerned and felt tl~e Commission should review this protect carefully because it was developed under apartment complex codes and probably was granted waivers. lie stated there is a drastic shortage of parking in the area now and if this protect is converted to condominluas, horneow~ershlp parking requirements would increase and Add to the problem. Code rzquires S4 6 parking spaces and 279 ars provided and he fall maybe the condominium code parking requirements are high, but tnis protect barely met apartment parking standards. Commissioner Herbst felt this conversion is not creating additional housing because it merely moves these tenants to make room for new buyers. He stated the vacancy rate in Anaheim is low and asked where those tenants would go. He did not think the 11/3/80 i.. l MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEMBER 3~ 1980 80-620 EIP CATEGORICAL EXEMPTION-CLASS 1, CONDITIONAL USE PERMIT N0. 2122, WAIVER OF CODE REQUIREMENT AND TENTATIVE MAP OF TRACT,NO~ 11256 (CONTINUED) proposed S1,500 reimbursement for relocation expenses will help because these people will not be able to find a place to live. He did not feel this protect should be approvod because now housing is not being created and if it goes to government- subsidized housing, the taxpayers of the community are burdened. He also felt too many waivers are necessary and parking will definitely be a problem. Commissioner Barnes agreed tho Commission should proceed with caution, but she was not concerned about the waivers because affordable housing is needed and she felt this protect will provide housing for that segment of the population who wants to own their awn unit and cannot because of the high prices of new units. She felt this particular protect is unique because more of Its tenants would qualify for Soctton 8 housing than any the Commission has seen. She fall this protect will benefit the tenants because those people who qualify for Section S housing will be placed on a priority list and possibly those who cannot afford a new condominium, could afford these units. Also, she felt the buyers would benefit because the taxes paid would be deductible from their income taxes so the gap between the current rent and the monthly payments Is narrowed. Mr. Ford explained the Certified Public Accountant will analyze each tenant's financial and tax situation. Responding to Commissioner Barnes, Mr. Ford replied he did not have an indication of how many tenants would actually buy. He felt after the workshops and consultations with the CPA, the results of a survey would be drastically different. Commissioner Herbst asked the interest rate factor and Mr. Ford replied the Housing Department used 12$, and current market interest rates are approximately 14 to lA- 1/2$. He stated higher interest rates will narrow the number of people who can afford to buy these units. Commissioner Bushore pointed out these units are 12 years old and asked if gas air conditioners were originally installed with one control for two units. He explained this has been thr. case in other protects built during that period and it has become a tremendous burden on the association when thesr, units go. He also asked what other improvements will be made. Mr. Ford stipulated that If there were gas air conditioners with one control, the problem will be resolved with the conversion. He explained improvements will be made to bring the protect Into conformance with code requirements. He explained renovation will be on a relatively small scAle and they will provide carpet, drapes and in some cases appliances, depending on the existing situation. die stated those tenants who choose to buy will have the same opportunity for upgrades as those outside buyers, but they will be given opportunity to forego the improvements in lieu of the down payment. Commissioner Bushore asked if applisnces which are not replaced will be under warranty and Mr. ford replied they would be willing to stipulate to a one-year warranty on all appliances. Conrnissioner Bushore asked if the roof would be guaranteed and stated he would nit want to sad a shabby conversion which becomes a burden on the association after the units arc sold. He felt these buyers will be those people who need low cost housing t t/3/~ MINUTES, ANAHEIM CITY PLANNING COMM1SSION, NOVEMBER 3r 1980 80-621 EIR CATEQORICAL E?(EMPTION-CLASS 1, CONDITIONAL USE PERMIT i10. 212, WAIVER OF COpE REQUIREMENT AND TENTATIVE MAP OF TRACT N0. 11256 (CONTINUED) and felt the roofs should be guaranteed, as wall as all appliances and he did not want to see a painted-up, patched-up, ftxnd-up protect. Mr. Ford suggested conditions of approval include these requirements and agreed these are things any developer should provide to any owner. Commissioner Bushore indicated concern regarding perking. Ne referred to an approved conversion at 1250 South Brookhurst which has not been completed because of financing problems and asked if this developer has a financing guarantee to go ahead with the protect. Mr. Ford replied this protect is not dependent on special financing and they are negotiating for conventional financing. Ne stated they are hoping to provide special financing, but it is nut a contingency of this protect. He stated the Federal government is encouraging savings and loan associations to gat involved with affordable housing protects in this price range and he felt this protect should receive primary attention because of the price range and, hopefully, can get lower interest rates with lenders competing for this type protect to meet federal requ 1 remen is . Conwnissioner Bushore did not know how to Justify converting apartments to condominiums when over 100 people will be displaced and 156 apertngnt units removed from the marketplace. Fle felt this will create an artificial shortage of apartments because new apartment complexes are not being built. Ne felt this forces that segment of people to get toc3ether and form rent controls which, in turn, hurts the property a+ners. Mr. Ford stated today in Anaheim there are 3h,00o rental units and of approximately 80,000 housing units. none are available for ownership in the pricy range offered here. Ne felt the gap between rentership and ~wners!-lp has been widened artificially by code requiremznts for high square footage, parking and other amentities for homeownership and not for rentership. Ne felt if the stondards are appropriate for ownership units, they should be appropriate for rental units. Commissioner Bushore said his major problem with this protect is parking. Also, he did not think approval would be appropriate since the Commission has other tools to use in creating affordable housing such as "density bonuses". Ne stated he hoped condominium conversions will become a thing of the past to protect Lhose people who live in apartments because some people simply do not want to crwn their own living unit. Ne stated he did not understand why anyone would want to buy one of these 12- year old units when they can purchase new units. Ne did not think there is a market for these type units. Chairman Toler disagreed and thought if this project Is approved, the units would be sold quickly. Commissioner King asked if the present occupants were notified of this hearing and Annika Santalahti explained notices were sent on October 24th to all 156 apartment units. Chairman Toler asked how many persons are present in opposition and seven persons indicated their opposition. 11/3/80 t MINUTES, ANAHEIM CITY PLANNING COMMI!:;SIQ11, NOVEMBi:R 3, 1980 80.622 EIR CATEGORICAL EXEMPTION-CLASS i, CONDITIONAL USI' PERMIT N0. 2122, 1aA1VER OF CODE RE UiQ• REMENT AND TENTATIVE 14AP OF TI'ACT N0. 11256 (CONTINUED) Chairman Toler explained it is the Planning Commis~lon's ]ob to mako a decision as to whether this particular apartment complex would be a good condominium pro,;ect ar~d to determine the beat use of the land. Mrs. Maiametz said a flyer wes given to the tenants asking whether or not they would be Interested in buying a unit. +he stated elmost 160$ of those tenant!i she telked to were not interested. She explained there is also a younger element at this complex and some of them could not take off work to attend this meeting and had asked her to speak for them. Chairman Toler explained the Commission has the analy;Is prepared by the Housing Department, but are interested in ail the facts. He stated there will always be some displacement of tenants, but t!-e Commission must also ccnsider the number of people who could afford to buy and would like to own versus ren~,ing and tie thought the majority woo 1 d 1 i I.c to own tF-e i r own units . Mrs. Malametz said she is 71 years old and has never taken anything from the government. She stated sl-e does not know how many more yeas she will have to take care of her daughter and felt someone should do something h4man Ror senior citizens. She wanted some peace right now. Bill White stated he lives at this complex and took exception t.o the comment that the majority wants to own rl-eir own unit. tie pointed out owners w%.uld have to pay fir electricity, water, gas, etc., in addition to their monthly pr~yi-ent, and a maintenance association fee. Mr. White stated he could afford a~-e of these units and wanted to knout if the units will have separate meters for gav,, water and electricity. Chairman 'Toler stated Mr. White's points regarding the add„iona) costs are very valid. Ne asked Mr. Whito what percentage of tenants woul~9 wt+nt to buy, in his opinion, and Mr. White replledthe people hr. talked to did not want to buy. He stated the project Is 12 years old and there are a lot of plumbing problems and he would not want to purchase one of these units. Conr~-issioner Bushore did not think those problems have !teen adequately addressed. He stated this City was planning to develop a condominium ~~onversion ordinance to cover thoso type of things, but It has not been done. Fk cl1~.rified again that hewould be opposed to a painted•up, patched-up project. Ne stated he could not support the project for that reason. In response Co Mr. Nhite's comer nt that no and would want to buy these 12 year old units. Chairmen Toiar stated [hare are houses selling at $120,000 everyday that need fixing up anJ people are buying those. He did not think that was a valid argument. He explained if this project is approved, the Engineering Department would require certain c~ndttions and therE is rro question that there would have to be separate n+eters. i;Mr. Ford stipulated there will be separate meters for each unit). Commissioner Barnes suggested a continuance to concluct the workshops proposed to explain the advasntages of ownership t~ the tenants, the tax advantages, financing available, etc. 11/3/80 ~~'~ MINUTES, ANA4IEIM CITY PLANNING CO-~MISSION~ NOVEMBER 3~ 1980 80-623 EIR CATEGORICAL EXEMPTION•CLASS t. CONOITIOiIAL USE PERMIT N0. ?.122, MAIVER OF CODE REQUIREMENT AMO TENTATIVE- MItP OF TMCT NO. 112SU (CONT111UED) Chairman Toler agreed and pointed out several of the Comnrisslaners have Indicated concern regarding parking and have said that they would not support the project with the existing parking. He referred to previous condominium conversion protects where there had been a lot of opposition and after the programs were explained to the tenants. there wss no opposition. He stated the Commission can vote on this project as tt stands, or vote fora continuance to allow time for neettngs with the tenants to alleviate their concerns end fears. Mr. Ford felt attar the tenants have seen the benefits and merlt~ they wit) be anxious to buy a unit. He asked for a one-month continuance snd stated the burden of decision wt11 again be an tl~e Commission if hr. is unsuccessful in convincing the tenants that they will receive significant benefits. Chairman Toler stated then tt~e Commission will make their decision based on those facts, He stated fear dictates that people do not know the facts and if their fears can be eliminatod~ maybe there will be no opposition and the tenants may even support the request. Ho rested the parking problem has come up several times and requested the petitioner should also ad~ress that issue. Responding to Mr. Ford's cn+~c~nt that existing parking exceeds the standards for apar~ments~ Commissioner tsa~tx+re s-fated this project is for condominlun~s~ not apartments. He felt mos•. ~~ ~~#s concern can be overcome, but he did not like creating an artificial uT~,..g~•~e gar apartments, ACTION: Commissioner per-r*~rs ~d a rratlon~ seconded by Commissioner Fry and ~~ CARRIED UNAtdI`-L'4. tit consideration of the aforementioned matter be continued to the re.~~:~a~ •r+'ny of December i, 180 at the request of the petitioner. Commissioner Barnes sLRc rw new notices will be sent regarding the December 1st meeting and asked t~° °.:~-~,~; Item be heard first. Commissioner Hert-st •eaasreKi some real (site answers should be given pertaining to the amount of monthly pa~y~e~,c~r, association fees utilittes~ etc. and Mrs. Malamttz stated the tenants warm nothing but the truth. 11/3/80 ~: MINUTES, ANAHEIM CITY P DINNING COMMISSION, NOVEMBER 3. 1984 M N0. EIR NEGATIVE DECLARATION C E~EM 80-b2 4 PERMIT N0. 2123 ANO WAIVER OF PUBLiC HEARIfIG. OWNERS: MATTiIEW T. AtiO CHERI D. NUGENT, 856 South Walnut Street, Anahe 1 rn, CA 82802. AGENTS : CHERLE-IC W I LI.I AMS AND MAX I NE 5'~IA i N, X40 Nantucket Street, La Nebra, CA 9063E~. Property described as a rectangularly-shaped parcel of land consistiny of approximately 0.71 acre located at the northeast corner of Beacon Avenue and Walnut Street. having frontages of approximately 2G~ feet an the north side of Beacon Avenue, and 120 feet on the east side of walnut Street, and further described as it;G South Walnut Street. Property presently classified RS-A-43,000 (RESIUENTIAL~ SINGLC-FAMILY HILLSIDE) ZONE. CONDITIONAL USE REQUEST: TO PERMIT A PRE-SCHOOL WITiI WAIVER OF MAXIMUM FENCE HEIGiIT IN THE RS-A-t~3~~00 ZONE. SubJect petition was continued from the meetinct of October 20, 19130 at the request of the petitioner. There wore oppraxtmately 3G persons indicating their presence in opposition to subJect request and approximately 7 persons indicating their presence In favor to sub)ect request, and although the staff report was not read, it is referred to and made a part of the minutes. Commissioner King declared a conflict of interest as defined by Anaheim City Planning Commission Resolution No. PC76-157, adoptlnc~ a Conflict of Interest Cade For the Planning Commission, and Government Code Section 3625 et seq., in that his wife is associated with Katella Realty, inc. and, pursuant to the provisions of the above codes, declared to tl~e Chairman *.hat he was withdrawing from the hearing in connection with Conditional Use Perm(t No. 2123 and would nit take part in either the discussion or the voting thereon, and has not discussed this matter with any member of the P lann i ny Comm) ss i on. TI~EREUPOfI, COMMISSIONER KING LEFT T-IE COUNC I L CHAMBER. Maxine Swain, petitioner, stated the proposal is for pre-school and extended day care facility at (326 Walnut Street. She stated due to ar increase in the number of families with both parents working outside the home end with the divorce rate in Orange County exceeding the marriage rate causing an increase in the number of single parent families, they feel a pre-school at tl±is location will be for the betterment of the community. She stated the pre-school wil~~ accommodate 2 to 5-year old children in a safe, healthy, loving and learning environment. She stated the extended day cart will provide tutoring as needed and supervision at all times. f1s. Swain explained all faculty parking ti~rill be on the property and children within walking distance will be escorted to and from the facility by a faculty member for extended day care service and mini-bus service wilt be provided to end from many populated areas. She explained their marketing survey inditates that over 80$ of the families they will be serving would desire bus transportation. She explained the bus will enter from Walnut to the circular drive, exiting on Beacon and beck to Walnut, thus cutting traffic on Beacon. Ms. Swain continued that a pre-school is not like an elementary school in that the students do not arrive at the soma time, and they do not al! have recess at the same time and do not al! leave at the same time. Shr_ explained that all cooking and 1 i/3080 i. t ,; MINUTES, ANAHEIM CITY PLANNING COMFIISSION, NOVEMBER 3, 1880 RO-625 EIR NEGATIVE DECLARATIONS CONDiTIONA4 USE PERMIT N0. 2123 AND WAIVER OF CODE REQUIREMENT (CONTINUED) w. r ~ lsundry will be done on the premises so there will be no delivery trucks in and out everyday. She stated all the children will not be out on the play area at one time and there will be one teacher for every 10 to 15 children with rotating play periods of 15 to 20 minutes each time. She added there will be 5 separate play areas designated by age group and play limas will be from 1~ a.m, to 12 noon and from 2 to 4 p.m. for the pre-school children. She stated a baby sitting operation may have a problem with noise but this pre-school is dedicated to education and they will be Coaching science. creative arts and language skills. She stated the facility will be completely enclosed and self-contained. Concerninb property values, Ms. Swain stated they will be Investing approximately one-half million dollars In refurbist~tny and Improving the ext,ting historical structure. She explained they have checked with various real estate experts and have bean assured [hat proposed improvements can only add to the v~+lue of the geographic community. She stated this pre-school is consistent with what now exists on Walnut Street. She referred to the August ig80 Adhoc Day Care Advisory Committee's report recently presented to tt~e Orange county Board of Supervisors, and page 33 of that report addresses the issue of restrictions end requirements which limit availability and accessab411ty of needed day care services. She stated one of the recommended revisions in Zoning ordinances suggests that child care facilities be established as a permitted use in ail xoning categories so long as adJacent uses do not constitute a health and safety hazard for the children. She stated folders were presented to the Conrntssion Just before today's meeting which contained supportive evidence of the toregolny statements in the form of let*.ers from principals of schools In the local community and letters from local homeowners, churches, realtors and also a duplicate of page 33 of the ADIIOC Committee report . Dianne Laduca, real estate agent representing the Nugents, owners of subJect property, stated they marl:eted this property in three Boards of Realtors In both the residentiai and investment sections, and judging from a response from an individual buyer who Indicated he could not afford to upgrade and maintain the property and was discouraye~J from making an offer on the property, they'elt anyone investing in this property for any use other than residential would have to come br.fore this Planning Commission for a conditional use permit. She stated several investment buyers who had shown interest in this property were a home for delinquent boys, a home for the physically and mentally handicapped, a transcendental meditation center, music school, doctors offices, board and breakfast facilities, etc. She explained for 25 years this property has had a non-residentiai use, so they felt the use proposed is not inconsistent with the history of this building and Chet the use is needed in the community. She stated other similar uses in this area are the Betsy Ross Schooi, Walnut Manor luthern Nome and the Church of the latter Day Saints between 8a11 Road and the Santa Ana Freeway. Ms. Lsduca stated the ADiiOC Committee re part indicates there are other impacts caused by the shortage of child care resources which concern cities and the economic impacts are a reduction in the labor pool, increased employee absenteeism and, therefore, increased employee turn-over due to the inability to properly care for the children being left unattended. She stated this problem is so serious that the county is conducting workshops in the local schools for teachers, principals, and parents. She felt this pre-school would help alleviate that problem and also feel this pre- 11/3/80 t MINUTES, ANAHEIM CITY PLANNING COMMISSION. NOVEMBER 3. 1980 80-G26 EIR iIEGATIVE DECIARATION• CONDITIONAL USE PERMIT N0. 2123 AND WAIVER OF CODE REQUIREMENT (CONTINUED) school Is a direct solution for both oconomic and social impacts as pointed out by the ADIiOC Commt ttae and i s not an added bcirden to the Caxpayers. Ms. Laduca continued that due to the make-up of the Walnut Street area between Balt Road and S6nta Ana Street and the amount of investment necessary to develop this pre- school, they foal this is the bast use for the site and will be an asset to the city and community. Ms. Laduca stated they feel some of the residents were improperly Informed as to the activities of this school and the impact it would have on their neighborhood and were misled that their property values would decrease. She felt because of theft fears soma people who at one time signed a petttton In favor of this school have since signed a petttton in opposition. Ms. Laduca stated current sales prices of homes on Deacon Street are approximately 581,000 and Anahelm has one of the bast school districts in California so this is a very desirable area. She stated she could not see how this type faciltty would harm the real estate values and there would be no problem seliinc~ a house In Chat, area. Vai Grants, Prlncipat of Detsy Ross School, stated he felt this pre-school Is necessary because parents of new students are constantly asking him where their children Gen stay during the day and more and more people ere leaving little children at home alone which is a problem. ile stated he was hoping this pre-school would be for older children too becsuse he has had to call the paltce and have children picked up recently because their mother left them alone when she left for work at 6:30 a.m. He stated there are no facilities such as this near this school and it is badly needed. Terrence Nugent, owner, stated this propery has been for sale far aporoximately one year. He stated they have had offers for this house which is registered with the Anahelm Nis:orical Society and the buyer wanted to tear the house down and build five cheaper houses, but he did not want to sell it for that purpose. Ne stated these petitioners do not want to tear the house dawn and do not want to harm the historical value. Ne stated he truly felt this would be a good thing for the neighborhood and he also felt the neighbors were misinformed and are upset about something they do not understand. Mary Short. licensed real estate agent. stated she has worked with these petitioners for a long time and it is very hard to locate property fora use such ss this. She stated these petitioners' hearts arc In this business and not Just their pocketbooks, even though they will hsve to invest a lot of money. She explained they did try to talk to the local residents to explain the use. She fait this is a very needed faciltty. Chairman Toler asked how many people present have not seen the plan and several people raised their hands. Ile suggested a 10-minute recess to order for the residents Co review the plan displayed. RECESS 'fhore was a ten-minute recess at 3:0$ p.m. RECrON_VENE The nwet~ y was reconvened at 3:15 p.m. 11/3/80 i i MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEMBER ;, 1980 i30-627 EIR NEGATIVE DECLARATION, CONDITIONAL USE PERMIT N0. 212; ANO WAIVER OF CODE REQUI_ REMENT (CONTINUED) Larry Rozella, 1184 Beacon Avenue. stated he has been a resident and homeowner to this neighborhood for 14 years and stated he has a petttlon of opposition to this request. He stated he would first like to compliment the petitioners for their efforts In trying to provide a service to the City of Anaheim with a child day care canter; however, he felt some major points have been overlooked. He read the petition and stated their major concerns were traffics increase of noise from traffic and children and a decrease in proptrty values. The petttlon was signed 413 residents. William Penn, tlgii Beacon, stated he has lived here for more than 20 years and bought the house when it was new because this was a good neighborhood, it a good location and almost without exception they have always had good nerghbors. lie stated the original request was for G2 students increasing to 2~0, but he felt because of the investment, they will need the 200 students within one year to get a return on their investment. lie referred to the proposed bus service and stated F+e has talked to a lot of people and he ~~orks for a larger employer and most of the women who work say they would find a nelnhbor more suitable. He stated since they work in different places and at different hours, the parents would prefer to drop their children off and a bus service would not be very suitable for most people. lie felt most people would drop off their children and then pick them up, so with 207 students there could possibly be 300 to 400 trips per day at this pre-school. Mr. Penn referred to the traffic problems currently to the area and felt congestion would be increased with this added traffic and thought the conflicts of left and right turns on Beacon and Walnut would be aggravated. He stated the !+olice quite frequently are (n the area to control traffic. Unfortunately these parents will be dropping off and picking up their children during tt~e rush hours. Mr. Penn did not think a G-foot high wall or cheinkltnk fence would stop a healthy child and he did not think it would provide any sound barrier. He referred to the current resident who has six children and when they are playing with their playmates, the sound level is quite high. lie was also concerned since this is a mature neighborhood and most of the residents' children are grown, as evidenced by the decreased enrollment at Betsy Ross School. Mr. Penn felt this zone change would be spot zoning and the Commission has been opposed to spot zoning in the past. lie stated this would be turning this little section of Walnut Street into commercial and the rest of the area is resident(al. He stated there arc several closed Junior high schools in Anaheim and suggested these petitioners lease a portion of one of these school sites and felt that would be far more suitable and woc:ld require far Tess capital investment. Mr. P•_nn stated the Nugents h;,we been good neighbors and he i~ sorry they want to sell, but he would help in anyway he could to find a suitable buyer. He did not feel the proposed use is one of those suitable buyers. dr. Perlman, stated he has practiced in Ana+~eim for 17 years and has lived in this neighborhood on Beacon for 1y years. He felt with the advent of 200 children into this neighborhood, there would be not only delivery trucks bringing in goods up and down Beacon Street, but those parents who did not want their children bused because of the cost would be dropping them off and picking them up. He stated if only 50~ dropped their children off, there would be approximately 100 cars between 6 and 8 in 11/3/80 /' F MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEMBER 3, 1980 80-628 EIR NEGATIVE DECLARATION, CONDITIONAL USE PERMIT NO. 212; ANO WAIVER OF CODE RE UI~ REt1_ENT (CONTINUED) the morning and again in the evening, plus the delivery trucks. He stated there are a lot of mature people living on Beacon Street and referrers to those next door to this facility and he did not ttr(nk they would w+~nt 200 children next door because of the Hoists at recess, especially since the play times will be broken up and shore will be portions of the children playing outside almost constantly, even though they are not all playing at thu samo time. He stated he understands that the petitioners will be getting a Small Business Administration loan far S500,000, so he felt the comment that this facility will not be a burden to the taxpayer was rn~t va11J. Ise also did not believe there would be adequate parking for the number of teachers necessary for 200 children. Lois Briley, 1120 Beacon, stated she works at a pre-school and knows the flow and amount of traffic and the noise the children will make, even though they try to ktep them quiet. She did not think there would be room for these 187 children to play. She stated the people who live on the streets around the school where she works are always complaining because of the noisy and thr_ chilcirrn throwing their toys over the fence. She explair•,:.: they have activities for parents and children, such as open house and sirs: dicl not think this school will have adequate parking for those parents either Shc: indicated concern about an area for dropping off the children. She stated she would have opposed the Wiid Wild Wrt operation if she had known about it because that has already created a traffic problem to the area. She stated pre- schools are nee.~ed, but their school is not filled and she felt parents who need pre- school placement can fins it because there are several places to the area. Vivian Geske stated she has two children and there ere a lot of young families in this neighborhood because it is quiet. She stated she is concerned about child molestors and stated a lot of the children play at her house and the children are constantly crossing the street. She stated she is concerned when she sees a car with someone obser•ing the ct•t~dren and it takes the police an hour to arrive after she calls them. She was concerned about the traffic with parents bringing their children to this pre-school at the same time she is taking her children to school and picking them up. She stated they have a lot of fast traffic already on beacon and with children running across the street, it would be more dangerous with this traffic increase. Stanley J. Darren, 1149 Beacon Avenue. stated he has lived here i7 years and was concerned that traffic fron Walnut will have to go down Beacon to West Street. He stated there is already a traffic problem at West because of the water slide and the hotel is building 157 nay rooms and there is a truck terminal right on the street, plus he did not know what is proposed .or the old car dealership property. He felt traffic signals will be necessary on West and also on Walnut. He stated they have not needed a lot of police protection to tho past because this has been a good neighborhood, but that need will increase with this additional traffic. Ms. Swain stated obviously there is a let of high emotion here but they do have a service to offer and are more than happy to bring it to Anaheim and she felt this is a good location and felt they can be thoughtful of the neighbors. Mary Short asked wtrere children would be allowed in this city If they arc not allowed on a property consisting of 1/2 acre locatC.i on a secondary arterial strut in a 1t/3/80 MINUTEST ANAHEIM CITY PLANNING COMMISSIQN, NOVEM6ER 3, 1980 8Q-629 EIR NEGATIVE DECLARATION. CONDITIONAL USE PERMIT N0. 2123 ANO WAIVER OF COGt RLlIUiREMENT (CONTINUED) neighborhood of mixed usE~s. Sh• felt wherever they go, there will be a traffic problom. THE PU6LIC HEARING WAS CIOSEU. Chairman Toler stated pre-schools are a lot like churches In that people want them, but nobody wants them next door to their property. Ile stated the most opposition he has ever seen at these hearings has been to churches end pre-schools. He explatned the Commission must dacido what Is tho best for ,the community es a whole. Ms. Briley answered Chairman Toler that she works at the Children's Fairyland Nursery School on KatellA and explained they only nave GO students at the present time and are licensed for ~0 students and explained they have tl~e lowest tuition rates In the area. She oxplained the hours of operation are from fi a.m. to t~ p.m. and that classes are from 9 to 12 noon for half-day students. She explained also they serve hot lunches and delivery trucks do bring the food end paper products. She stated parents park across the street et the Handyman parking lot when they have open house. She stated they alsn have a larger play or~a then the subJect property. Cherlencs Williams, petitioner, explatned the hours of operation will be G:30 a.m. to 6 p.rn., 5 days a weep, at this proposed pre-school. She stetod their pre-school will be stets-controlled and the property must meet certain square footage inside and outside per child. Concerning delivery trucks, she explatned there will be some deliveries but certainly not ova ryday. Sha also explained the open houses are vary limited. Commissioner Bust~orc pointed out the staff report indicates the pre-school will have kindergarten through third grade children end the petitioners have Indicated the ages will be from 2 to > years old. Ns. Willlane explained this will be a pre-school facility with extended day care service through Jrd yrade added and stated the total number submitted included the extended day care students. She explained this 187 number Includes all the students after the expansion. Commissioner Busfiore asked how many buses are proposed and Ms. Williams replied the number will depend on enrollment and flan of students, but marketing surveys indicated tl0;6 of the parents would be interested in bus transportation and stated probably a maximum of 10 mint-buses would be required. Commissioner dushore stated 18 teachers would be necessary for the proposed students, plus another 10 drivers for the buses and he felt that would create a parking problem because staff would probably park on the street. Ms. Williams explained they do not plan to park the buses on the property and will pay for bus storage at another location and stipulated that no more than one bus would be parked on the property. Commissioner Bushore stated if he supports this request he would want a parking space provided on the property for each bus left on the premises end he would not want any employees to park on the street. Ne asked why the open houses would be necessary. 11/3/80 ~~ 1. r- MINUTEST ANAHEIM CITY P DINNING COMMISSIONT NOVEMBER 3r 19~ EIR NEGATIVE DECLARATION, CONDITIONAL USE PERMIT N0. 2123 AND WAIVER OF CODE_ REQUIREME_ (CONTINUED) ti ,r 80-630 ' Ms. Williams replled open houses would only be held twice a year so the parents can see what their children have done. Commissioner 6ushore felt open house for parents of Just 100 children between 6:30 end 8x30 p.m. would mean the parents would park on the street. He suggested open house be hold for only 10 students at a time. Hs felt thst would alleviate some of the opposition's concern. Commissioner Bushore referred to a previous request by these petitioners for a pre- sthool on a major street which did not have access. He stated this site does have good access, but the previous request was for a much smaller facility. Ile referred to a pre-school on La Patine for 200 students and pointed out it was built for that many and has good access and it does not Impact the area. He felt 1L7 students is probably too many for this location. He stated he realizes with the cost of the property la7 students ere needed, but felt they would make an impact on the neighborhood. Commissianer Bushore asked hcyw much money has already been spent to get this far with the protect and how many students they could start with ss the structure stands if the protect were approved today. Ms. Williams replied they have spent about $1,000 to date and could start with 60 students in the house as It elands without any Improvements. She explained the property is too valuable and too Large for them to only havo GO students. pointing out they must have one teacher for each 10 students. She explained they will offer a service to the community for after school to accommodate working parents in addition to the pre-srhool~ and will take those children to public schools and then pick them up after shcooi. Commissioner Bushore asked if this request should be considered for a private school rather than a pre-school. Annika SantalahtiT explained the staff report was based on the petitioner's terminology and sloe thought an educational institution would have to meet different state certification. Commissioner Bushore asked the ages of the children at Children's Fairyland pre• school and Ms. Briley replied their studc~~ts are only to kindergarten age. Commissioner Bushore felt this is more than a pre-school and should probably be considered a private school because they plsn to have planned activities for the children. Ms. Williams explained their plans submitted were based on state pre-school requirements which are higher than for a private school. Commissioner aushore suggested a maximum of 90 students and Ms. Williams replled the state would not approve the existing structure for 90 students. Commissioner Bushore felt the neighborhood needs something and realized there are similar uses in the area, but he could not support 1$7 students, but would support a ll/3/80 MINUTES. ANAHEIM CITY PLANNING COMMISSION. NOVEMBER 3, 1980 80.6 31 EIR NEAATIVt; DECLARATION, CONDITIONAL USE PERMIT H0. xlt3 AND WAIYER OF CODE RESU,IREMENT (CONTINUED) maximum of 90. He did not think a pre-school for g0 students would hurt the neighborhood. Ms. Williams stated they would have to refigure for 90 students; that the state v+ouid allow 60 students 40 downstairs and 22 oc, a part-time basis according to Ftre Department requirements. She did not want to make a commitment for 90 at this time. Chsirman Toler stated many times the value of a property cannot be Justified fur the uses allowed. Ha staLud an owner is entitled to get as much as he can from his property, but If the use will impact the area, maybe the price is too high. He felt maybe a pre-school is a yood use, but not for the number of students proposed be cause of the impact it Is going to have on the neighborhood. Ms. Williams stated they arc basing their figures on stele requirements of 75 s q dare feet per child and it does not tncludp any of tli parking, halls, or kitchen a nd is strictly space used for the children. Chairman Toler stated there are many things this particular property could be us cd for which could have a lot more adverse impact than a pre-school. He explained twcith the stringent state requirements this facility could be a good neighbor and wanted to be sure the neiyhbors understand those requirements. Commissioner Bushorr_ stated this is a large older home with large rooms and there are many other uses that would be allowed such as a halfway house and six people would be allowed without a permit which could be a lot worse than children playing on a playground. He felt Mr. Nugent has tried to pre3erve the Integrity of the neighborhood and has probably been approached by many people who wanted to buy i t, He ststed children in themselves are the greatest things on this earth. Commissioner Herbst was still concerned about the kindergarten through third grade students after they are: picked up at school. He asked tf they will be playing outside. Ms. Williams explained they will provide teachers to help these students with th elr homework and they will have supervised play so the parents will know where Chet ~ children are. Commissioner Herbst felt the biggest concern is traffic and this school will be d ing buses to take the children to and from school, plus parents dropping off and pi eking up their children. He felt the details of the operation must be more specific such as how the buses will operate, etc. Ms. Williams explained the children using the facility for txtended day care will attend Betsy floss Schovi or another local school within walking distance. She could not say exactly how many students will use the bus service everyday because the ! will depend on enrollment and titre bus schedule wilt be adJusted to fit the needs of the enrollment. She stressed that these children will be strictly cared for with owe teacher for every 14 children. ,;ommissioner Herbst stated everyone agrees the program is good and is needed. bait he must base his decision on the impact on the neighbors noting over 400 people si goad a petition in opposition. He suggested a drop-off point for the parents to meet the 11/3180 ~~;a i , MINUTES. ANAHEIM CITY PLi1NNING COMMISSION, NOYEiISER 3, 1980 80-632 EIR NEGATIVE DECLARATION. CONDITIONAL USE PERMIT N0. 2123 ANO WAIVER OF CODE itEgUl REMENT (CONTINUED) bus away from the school as en alternative Ms. Williams replied they ere willing to adjust and do want to gr ~ along with the nelghbo rhood, Commissioner Herbst stated since this would be a conditional use permit, if all conditions •re not mot. the permit wuld be withdrawn at anytime. Chairman Toler stated he is concerned about the number of children because of the impact on the area, and stated ho could net support the request for 187 children. Ile asked If the petitioners could live with the permlt If it was granted for fewer children, possibly g0 as suggested by Commissioner Bushore. Ne asked If the petitioners would like a two-week continuance to ronsider this alternative. Commissioner Barnes suggested approval for a maximum number of students. The Commission briefly discussed the historical value of the structure snd Mr. Nugent explained the house was built by John Cook, one of the founding fathers of Anaheim, in 1g0G and It is registered ~+ith the Anaheim Historical Society. Ne explained the house has a unique fl re sprinkler system which adds to Its value. Chairman Toler stated his canments were not Intended to downgrade this property, but a lot of people say prapertles have historical value, but nobody seems to have the money to maintain tl-em. He stated many times the value of property is directly related to the highest and best use of the property and zoning laws are necessary to prevent people from using their restd~ntial properties for other than residential use or increasiny the density. Ne stated the highest and best use may not be what the owner would like it to be. Mr. Nugent stated the property was used fora rest home for 25 years with people cominy and going and nobody complained and Chairman Toler replied the age of the residents is the dtffere nce. Charlene Squire, 1227 Beacon, referred to the p roposal of busing the children and did not think two-year old children could get in and out of buses and stay in a bus seat. She stated she is the mother of young children and her daughter was nit on that corner due to the traffic problems. Ms. Williams asked if they could have 48 hours to decide whether or not 90 students would be acceptable. She responded to Commissioner 9ush~ore's suggestion to rsaet with their neighbors that they did try to meet with them. :he stated they would rather have the permlt approved for gA students than to have another public hearing. She stated they were wi 1 i i ng to take the 90 students 1 imi t t nto consideration. ACTION: Commissioner Bushore offered a motion, seconded by Commissioner Fry and Ab'fT31T CARRIED UNANIMOUSLY, that the Anaheim City Planning Commission has reviewed the proposal to permit a pre-school for a maximum of 90 children in the RS-A-43,000 (Residential, Agricultu ral) Zone with waivers of maximum fence height on a rectangularly-shaped parcel of land consisting of approximately 0.7 acre located at the northeast corner of Beacon Avenue and Walnut Street; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental Impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for low-density residential land 11/3/80 '~ 't MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEMBER 3, 1980 x'633 EIR NEGATIVE DECLARATION, CONDITIONAL USE PERMIT N0. 2123 AND WAIVER OF CODE REQUIREMENT (CONTINUED) uses commensurate with the proposal; that no sensitive environmental Impacts are Involved In tho proposal; that the Initial Study submitted by the petitioner indicates no significant Individusi or cumulative adverse environmental imposts; and that the Negative Decleratlon substantiating the foregoing findings is on file in the City of Anaheim Planning Department. Commissioner Bushore offered a motion, seconded by Commissioner Fry and MGTION CAARIEU UNANIMOUSLY, that the Anaheim City Planning Commission does hereby grant the waiver of Code requirement on the bests that the six-foot fence would provide safety for the children. Prior to votiny on the above motion, Chairman Toler asked that the motion Include the finding that variances have been gran*.ed by the Commission in past for properties located on arterial highways or seconds ry arterial highways. Commissioner Gushore offered Resolution No. PC80.18G Znd moved for its pessage and adoption that the Ar.~heim City Planntny Commission does hereby grant the Petition for Conditional Use Permit Ilo. 2123 for a maximum of 90 students to be housed in the existing structure subJect to the stipulations that the hours of operation shall be 6:30 a.m. to G:00 p.m., Monday through Friday; that parking spACes shall be provided for each employee and for oath bus to be parked on the premises and no parking shall be permitted on the surrounding resick ntial streets; and that the number of mini- buses shall be limiter to six (6), and any revised plans must be reviewed and approved by the Planning Commission for any changes to the property and subJnct to Interdepartmental Committee recommendations. Ms. WI 1 hams expl~+',r ~ d thr a would not approve the existing structure for 90 s *.uden is . ~:or,n:;:~sioner B~ ~~~e stated ..e ~-ermit will be limited to a maximum of 90 children and this active ii predicates! on the fact that this use is far better than some which ~~.~uld be proposed for this property based on the price of land, etc. He explained the zc+ning is not being changed and this use is being allowed on a day to day basis and if there are problems, the permit can be revoked. He stated the noise children make is healthy noise. Ne pointed out the employees must use the parking spaces provi ded. Commissioner Herbst stated he will oppose the resolution because the issue of the impact on the neighbor's living environment has nog bean resolved, and felt they deserve the protect 1 on of the P 1 ann i ng Comm ss i on. On roll call, the foregoing resolution was passed by the following vote: AYES: COMMISSIONERS: BARNES, BOUAS, BUSNORE, FRY NOES: COMMISSIONERS: NCRBST, TOLAR ABSENT: COMMIS:IOi1ERS: KING Jack White, Assisiant City Attorney, presented the written right to appeal the Planning Com-nissior's decision within 22 days to the City Council. Chairman Toler stated he recognizes pre-schools are very important and are needed, but he agrees with Commissioner Herbst and has grave coy.. :rns regarding traffic. Commissioner King returned to the Council Chambers. i t13/8o f ~. ~.~ MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEi~ER 3, 1~;s0 80.634 +~: EIR NEGATIVE DECLARAt10N RECLASSIFICATION N0. 80-81.14. CONDIT PUBLIC HEARING. OWNERS: BANK OF CALIFORNIA, 11. A., TRUSTEE, 8t+5 South Figueroa, Los Angoles, CA 90054. AGENT: FLOYD L. FARANO, ESQ., 2555 Eest Chapman Avenue, Suite 415, Fullerton, CA 92631. Property described as sn irregularly-shaped parcel of land consisting of eppraximately 5.2 acres, Ic+coted north and east of the northeast corner of Will:en Way and Harbor Boulevard, having a frontage of approximately 440 feet an the north side of Wilken Way and a frontage of approximately 3~t feet nn the east side of Harbor Boulevard, and further described as 2170 South Ilarbor Boulovard. Propert~~ presently classified RS•A•43,000 (RESIDENTIAL, SINGLE-FAMILY HILLSIDE) 20NE. RECLASSIFICATION REQUEST: RM-3000 CONDITIONAL USE PERMIT REQUEST; TO PERMIT A 125-UNIT CONDOMINIUM COMPLEX WITH WAIVERS OF: (a) MINI-~1UM LOT AREA PER DWELLING UNIT, (b) MAXIMUM STRUCTURAL HEIGHT, (c) MAXIMUM SITE COVERAGE, (d) MINIMUM FLOOR AREA, (e) MINIMUM RECREATIONAL•LEISURE AREA, (f) MINIMUM NUMBER AND TYPE OF PARKING SPACES AND (g) MAXIMUM FENCE HEIGII'f IN THE RS-A•43,000 ZONC. TENTATIVE MAP REQUEST: TO CSTAbLISII A 2-LOT, 125-UNIT CONOOMIiIIUM SUBDIVISION. Ti:ere were approximately 130 pr;rs~ns Indicating their presence (n opposition to subJect request, and although the staff report was not read, it is referred to and made a part of the minutes. Dale Moen, Dan Rowland Associates. architect, explained 120 units are proposed and pointed out the units, green areas, pool, attached garages, carports and perimeter parkiny on the exhibits displayed. He explained they are proposing a 42" high block wail with wrought iron above it within the setback area, at Cliffwood Drive, and a 6- foot high concrete block wall will surround the rest of the entire property. He explained the street setback area at Cltf'~~ood Avenue was included in their calculation of the recreation•lelsure ar~ t~ecause it will be used by those residents since they will have enclosed patios facing Cliffwood and they would considtr It usable recreation area, although the staff report did not include it. Mr. Moen stated there will be four types of units (A, B, C and 0), with Units A and B, located in the interior portion. He explained, Unlt A's are on the first floor and Units B are on the second level; that Units B contain a "loft" which could be considered as a third floor, but th~r considered them as two-story units with a loft above. Ile stated bachelor units (l/r ;~ 1) are located on the south side in a separate area of the site and those ~+~: rd,jacent to the commercial area because they are higher density. He referred to t~~c exhibit showing the exterior of the buildings, pointing out they have tried to break up the massiveness of the buildings by varying the roof pitches, using balconies, varying exteric- ~.sterials and using chimneys. Ne stated they have tried to design these units s~ tiey will be harmonious with the neighboring area and will aesthetically improve the neighborhood. He stated the exterior materials will be wood siding contrasted with stucco and wood roofs. Charles Farano, attorney, stated subJect property currently contains the Westwinds Trailer and Mobilehome Park ~~tth 53 permanent mobilehomes sod 56 travel trailers. Ha tt/~/Rn 'y )i '= ',, ~.' +4 MINUTES, ANANEIM CITY PLANNING COMMISSION, NOVEMBER 3, 1980 130-6~y EIR NEGATIVE DECLARATION, RECUISSIFiCATION N0. 80.81-14, CONDITIONAL USE PERMIT N0. 2121._WAIVER OF CODE REQUIREMENT AND TENTATIVE MAP OF TRACT N0. 11305 (CONTINUED) stated this park was developed 21 years ago and several of the homes have been there since the park began; and that 25 of the permanont homes sre over 15 years old. Mr. Farano asked that this project be consi~!ered as an RM-1200 condominium pro,iect which would ellminata several of the requested walvrrs required in the RM-3000 zone. He stated there are some serious housing problems to Southern California toddy caused by, ftnancing, housing shortage., increased property values, Increased building casts, etc. ile stated the result of all these factors is that many people cannot afford to own their own homes, and for many years that has been the dream of young Americans, but houses today In the S50~000 to 570,01)(1 rangy are not fit to be lived in. He felt the proposed project is one way to solve these problems. Ne stated one way to combat housing shortages and high priced houstna is for thr. developer to apply for and obtain assistance from federal or state government. He stated another method is for the city to allow the developer density bonuses or price ceilings. Mr. Farano stated they arc suggesting a pure and simple type of low cost housing without callings because in order for a developer to invest in and commit himself to a large real estate development, he must be assured of a profit. Ile felt with building and development costs rising the way they are today, it becomes very difficult to yet ~~ developer to commit himself to a price coiling end one method local government can participate in to lower the cost of housing without restrictions Is to allow higher density. Mr. Farano stated one fear today in housing concepts Is rent control and the history of rent control shows the shortage of housing and drastic rises to the cost of housing precede the ck mend for rent control. He stated these two elements are tver- present in tlils area. Ha fall to keep rent control out of Orange County, the developer should be allnwed to develop higher density condominiums so prices will be laver and developers will not be frightened away by celltngs. He stated young families will be able to afford tl~e units and the units will be better maintained. Mr. Farano stated this particular project will be no different than two projects previously approved by this Commission, except the developer of those projects (one on Beach Boulev~srd and one on Gilbert Street) committed themselves to price controls. He stated this Ctty will allow apartment developments without any mention of rent control, but went to Immediately add a price control to condominium developments. He felt if this City is serious about providing low cost housing, they must allow higher densities in condominiums without restrictions on price to encouragt developers to build nwre housing. He explained again they want this development to be considered as a RM-i20~ condominium project and not as RM-3000. Chairman Toler explained the City of Anaheim does not have an RM-1200 zone for condominiums. Jack White left the meeting at 4:40 p.m, and Frank Lowry, Senior Assistant City Attorney, assumed his chair. Mr. Farano stated he realizes there is no RN-1200 zone for condominiums, but wanted everyone to rea lize they are talking about high density condominiums and if this is considered as an RM-i200 condominium, the seven variances would not be necessary. 11/3/80 i 4 4. ` MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEMBER 3, 1980 80.636 EIR NEGATIVE DECLARATION, RECLASSIFICATION N0. 80-8 1.14, CONDITIONAL USE PERMIT N0. 2121, WAIVER OF CODE•REgU11tEMENT, ANO TENTATIVE MAP OF TA~cCT fID. 11305 (CONTINUED) Mr. Farano oxplalned the mobile home park nn this property is about 20 years old and residents will say they had hoped to remain at the park for the rest of their lives. He stated, unfortunately, no matter what happens regarding this development, the days of the park are numbered. Ile stated the park was estabilshed when mobtlehomos were not much more than a glorified travel trailer, but mobllehomes today are manufactured according to FIIA standards with plumbing, sewer, and electric fixtures Just like a regular home and typically the homes In this .•ark .ire older and are 10' x 50' In stxe. He listed that the management has pl•,nfitng trills for thr park over the past 25 days amounting to S3,OOC. He stated that this park, does not comply with present Code standards for a mabilehome park and maJor revamping woul~f be necessary which would probably mean takinf~ these existing i-omcs out of the park and starting over. He added there is a danger this park may become a health har.ard anri if these improvements are done, there would be a maJor rent increase and It wilt be a difficult situation for many of the residents wtw live at the park. Mr. Farano stated the davelaper contemplates bulidincl 3z bachelor units on the northwest portion of tl~c devcl~pment and these until would be reserved for qualified residents for as long as they want and offered at the same rent they are now paying, plus an Increase according to the California Consumer Price Index. He stated they are also contemplating other forms of rental assistance ana are trying to find a park where they can move the coaches. He stated their general pt an Is to try to deal with each individual and it is difficult to glue a concrete plan at this time. He stated at the time they stint the first statutory notice, a questionnaire was sent requesting certain information and out of 100 questionnaires, il- responses were returned. Mr. Farano stated current plans call for the 32 bachelor apart•ents which has a significant effect on the d~enstty and the developer deer not particularly want them and ccwid increasr the parking if tl~e city does net require them there. ile stated they are in the process of hiring a team of peo~sle to attend to these residents' needs. Ile felt must of the older residents on fixed incomes would qualify for one of the apartments. John Ualy, Assaclate Uirectar of Region V of the Golden State Mobile Homeowners Lear~ue, asked that the Cornmtssion not change nor recommend a zone change for this arcs known as Westwinds Trailer and Mobilehcme Park because 35 senior citizens or. fixed incomes and some are disabled, and use rtr_dicai doctors close by, are involved end a move would create quite a hardship on then. Also, he added many homes in the park would not be acceptable fur relocation In any park in Orange County. He stated this would crate a critical financial burden upon these people, and some have Ilved there 20 years and mast of their savings arc tied up in their mobilehomes. He explained it would cos[ about ;<4,C~00 to nave and set up a double-wide home and $2,Q00 for a single-wide Name. Mr. Daly xtated kiousing and Urban Development (HUD) is always giving money to different areas to provide affordable housing and mobitehomes are considered affordable, but the proposed housing to replace this park would not be classified as affordable. He explalnc:d 32 apartments will be provided, but 104 residents will be displaced and mast of these are proud senior citizens who do not want to go to HUD and tell them the I:tty of Anaheim is forcing them out of affordable housing into the street and onto welfare. He stated several tenants working at gainful Jobs use local transportation and would lase them because they could not afford to drive to work if they moved very far away. He stated most tenants have lived there 1D years or more 11/3/80 ~:~ ~ ~ MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEMBER 3, 1980 80-637 EIR NEGATIVE DECLARATION, RECLASSIFICATION N0. 80-81-1W, CONDITIONAL USE PERMIT N0. 2121. WAIVER OF CODE REQUIREMENT AND TENTATIVE MAP OF TRACT N0. 11305 (CONTINUED) .... and have a close shopping canter within walking distance, and have a hospital and doctors close by. He stated shortly after receiving the notice to quit in one year, ono lady had a stroke and is still under a doctor's care and he felt this is an exempla of how disruptive this notice has been. He stated up until two months ago, new nabilehomes were accepted at this park, lulling the people into a false security thinking the owners were planning to redevelop this Into a flue-star park as promised. Mr. Oaly stated if this project is allowed, the City would hAVe the added cost of maintinatng streets, lights, sewers, trash pick-up, water, and police protection, plus parking and the traffic wou1J be a problem. Nr. Daly stated they would like to ask the Commission to help them keep their homes and they do not want to be thrown out by a zone change. He explained he believed the property was bought on a contingenty basis, depending on this zone change. He stated the owner, Mrs. Johnson, Is present and Indicates she knows nothing about this request and the buyers are dealing with the bank. Mr, Oaly stated relocation of these 100 homes would disrupt aver 150 people. lie also asked where the residents of the 32 bachelar apartments would live during construction and where the rest of the residents will go, pointing out most of them cannot afford to be disrupted at this time. Earl Lane, Director of Golden State Mobile Ilomcowners League, stated he is 70 years old anJ lives in a rnobileha,ue; that If he sold his hame in location, he could get 530,000 for it, but if tie hos to pull it out, he could only get about S4 ,000 for it. tie did not thinl: the developer will find a place to nave these mobllehomes because he travels through 173 parks in Los Angeles and Orange Counties and none of them will take a coach older than years. Roger Condon stated he resides at this park and is one of the younger residents and most of them do net make enough money to buy a condominium. 11e felt at a time when housing for people is a major problem, especially housing to fit the needs of low to medium income family, to remove one of the last few places that does not cost people more than they can afford is a direct infringement on his rights. 11c stated singie- family homes in Orange County rank among the highest rriced and condominiums are not that far behind and asked if this means people of lower incomes should nave out of this county. Ile asked why they should be forced to live In apartments when there are alternatives and nabilehomes or manufactured housing is one of those alternatives. He felt comparing the price and square footage of a mobilehome with a two-bedroom apartment will show a $30.000 mobilehome Is much more affordable than a $70,000 or $80,000 condominium of the same size. Ile stated the ability of people to purchase condominiums on a fixed or tow income is a luxury and previous homeownership or high tncon+e is not the criteria needed to allow them the pride of ownership. He felt mare mobilehome parks are needed. Ne felt this Commission is being asked to help build walls of segregation and to Land pick residents on the basis of wealth and although he may not be rich, his contributions to the community equal those of his neighbors. He did not want to have t~is home uprooted and be forced to ltave the community he has coma: to 1 ove . Lucy Villa stated she nerved into Westwlnds on August 1, 1980 and she and her husband put every cent they had into buying that nabilehome and she is a nervous wreck since 11/3/80 MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEMBER 3, 1980 80-638 EIR NEGATIVE DECLARATION, RECLASSIFICATION N0. 80.81.14, CONDITIONAL USE PERMIT N0. 2121 WAIVER OF CODE RE UIREMENT ANO TENTATIVE MAP OF TRACT N0. it 0 (CONTINUED) recalving the notice. She asked what they will do tf this park is sold. She asked why theft home was accepted in this park and why they were not told about this change which Is being proposed before they moved. She did not think they can sell their mobilehome and stated she has not been able to sleep since the notice was received. Betty Garza stated she has been living at this park for 18 years; that she Is losing her sight and in her mobilehome she has everything in piece. She stated nobody would buy their home and she does not know what they will do, pointing out her husband is completely crippled. She stated she does not want to leave her mobllehome and asked that sonwthing be done for them. Trudy Aramor statad she has Ilved in the park for 9 years and that It is not an undesirable park and they are comfortable there and tt Is convenient for her to get to her Job, as it is for many of the residents. She was concerned, however, for those people why have come into the park within the last year or two with the encourayement of the new management. She stated the manager actually acted as an agant to sell these mobilehomes with a promise for upgrading this to a five-star park which gave them a sense of security. She stated those people cannot sell their homes. Doreen Harvey, Space 2, stated because of illness she bought a S30,000 double-wide mobilehome In March, 1979 and moved to this park and was told the park would be up- graded and the old trailers would be moved out. She felt with a multi-million dollar praJect such as this planned, the management must have known for at least a year that it was proposed and asked why she and six other residents were allowed to move their coaches into this park. She stated her coach would be acceptable at another park, but it would cost her about $4,000 to move it. Lela Johnson stated slie is the farnxr owner of this property and has the biggest Interest in what is being done. She explained she has not been paid for her property and did not even know that it was sold until she had a notice frcxn the bank that her payments would be coming from them and then this notice that something was being planned for the park. She stated she started allowing overntghcers at the park and the plumbing was in good shape and sloe had added a fire plug as required by the City. She explained her contract stated that if anything was changed in the park or if anything was done Frith it, she would get paid, but she has not been paid to date. Charles Farano explained staff has a current title report on file which shows that the Bank of California is Trustee and also there is a legal authorization on file authorizing their office to act as representative of the trustee. He stated to his knowledge the park was purchased in 1979 and he could not vouch for statements made prior to that time. He explained the owner of the park is a new owner and the group of investors have been talking for at least two months about developing the park in this way. As to promises of former managers to upgrade the park, Mr. Farano stated he could not respond to those promises. tie stated, however, he can show the Commission copies of bills for $3,000 for plumbing in the last 25 days. Mr. Farano statad under current regulations no more then 4A full-sized coaches could be put on this property and to redevelop the perk, they would have to take the coaches off the property and put in new plumbing and r.lectrical services which means a rent increase. t 1/3/80 80-639 MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEM6ER 3. 1980 EIR NEGATIVE DECLARATODE~REEUIREMENT ANDOTENTAT180VE8MAP~OFCTRACTINO.`1150 P(CONTINUED) N0. 2121 NAIVER 1F C Farano Regarding the promises of management to make. this a flue star park, Mr. explained that would cost a lot of money ano he waNenstatedethe loawlallows the park possible because of the number of older coaches. management to require coaches over 15 years old to be pulled out of the park when they are sold. Ile stated this park will not withstand new coaches because they are bigger and heavier and have more requirements. He explained there are 10 to 12 double wide coaches there now and they have listed 53 permanent residents and the balance would be thone wniphecanobeipulledtbehindtaacarrto ainotherlpark~ travel trailers are somettl g Mr. Farano explained ayaln the older residents will be offered a place to 11ve at the same rent they are paying right new sub}act to the California Consumer Price Index and they will be getting better living conditions and can stay as long as they want in the same area. He explained the design and engineering of these t+00 square foot apartments compares with Nousing and Urban ~ dc~al oristtate)assistedifinancing~, but pro}acts. Ne stated this will not be HUD, will be private investors offering the sane thing. Ha stated tmn~ih[liemselvestto arunitthonlysoneerespondednd oetexplalned {tewillybe 18 asked to co to 24 months before tt+e pro}act would begin. TtiE PUk1LIC HEARIt1G Wf+S CLOSED. Commissioner Barne~ andenotedttherc haverbee~esix duringctheelasthy araandmthreCin in August of this yea months and asked tow that happened. Mr. Farano stated no one has been allowed to purct+ase a home there without YiVilla a release since the notices ware given and he did not know what type coach Ms. has. He stated he does not have accurate information on all the residents and their coaches~~and Ms. Villa did not return a questionnaire. He expi~IIoed Ne statedrthe °f service for everyone served In the park dated September 19, bank took over the park as trustee in December 1979• Chairman Toler indicated he was confused about ownership and Ms. Johnson replied she sold the propnede theMbankrtrusteeioflthe~propertyaandoany ownerdcan requestiany use Johnson they desire. Mr. Farano explained his client is Wesiwind Investments Limited who bought the property from Mr. Crandall in 1979• He stated they have nv control over any agreements between the former owner and Mr. Crandall. Commissioner Bushore referred to the statement that 53 residents are permanent and stated he drove through the park and obse rved a lot of overnighters on the south end. He asked if this park was ever apPrpved andaovermthenyearskteynhave accumulatedthe 60's many overnight parks were app permanent residents. Mr. Farano replied he understands there was aprroval for permanent residents. ti/3/80 ~~ MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEMBER 3, 1880 80.640 EIR NEOATIYE DECLARATION, RECLASSIFICATION N0. 80-81-14, CONDITIONAL USE PERMIT .~..._.- N0. 21.21, WAIVER OF CODE REQUIREMENT AND TENTATIVE MAP OF TRACT N0. 11305, (CONTINUED) Annika Santalahcl, Assistant Director for Zoning, explalned four conditional use permits snd one variance were opproved on this property frcxn 1958 through 1g ]0 and did include the terminology "mobilehomes". Commissioner 6ushore asked thn difference between a mobtlehome snd trailer. Mr. Ferano explained there is a specific difference, as specified by code, dealing with size. He stated recant calculations show approximately 49 legally classified mabilehomes; plus three or four homes are in a permanent site that are legally by lode classiFied as travel trailers, but they counted those as permanent. fie explained thore are 57 homes classified as overnighters and are there on a day-today basis. He explained there arc no leases. Commissioner ©usliore asked if the 57 overnighters signed anything indicating they realize they are there on a temporary bests and Mr. Ferano replied they did. He also explalned the permanent rest dents do not have leases either, except the more rocent ones who moved in under the new management. Commissioner Herbst recoynized the existing residents are a major problem but he felt the development itself has some major problems. He stated first of all, the City of Anaheim does not have an RM~1200 condominium ordinance and the Conmisston cannot give density bonuses unless the development complies with certain requirements of atfordable housiny. He did rwt think this praJect is possible the way it stands. Ne stated the Commission cannot grant a density bonus on this pro,Ject without rewriting and adopting a -vhole new ordinance. He felt this matter should be continued until the applicant can resolve the differences. Commissioner Ilerbst ststed after the first of the year laws become effective to protect residents and the developer must provide relocation and resolve other problems being imposed by this kind of developrtrent. ile stated he could not support this protect because there has been no discussion with Housing and Community Development ikpartrro nt by this developer in relationship to affordable housing. If this project is compared to t~~e RM-1200 zone, Chairman Toler pointed out there are two glaring variances, both concerning the three story units. He felt the petitioner needs to clarify exactly what he wants and the waivers have to be compared and cleaned up before any displacement of residents can be discussed. Floyd Ferano explained the application is for RM-3000; that city ordinances require condominiums to be In the RM-3000 zone and he thought that is basically a policy and not in the code. He stated they were tryiny to be honest and if the Clty is going to recognf:e and allow affordable housing, it cannot be done with the RM-3000 tone density. lie felt their application is probably legally valid for RM-3000 with variances to RM-1200 and the fact seven variances are requested proves to him it is wrong. 4ie stated there is no such thing as affordable housing in the RN-3000 zone and maybe the ordinance should be rewritten. Chairman Toler stated everyone agrees the ordinance should probably be rewritten, but the Wmmisston is only allowed to do certain things by state law and RM-3000 is the only zone that can be discussed for condorninlums. He agreed maybe a new ordinance is needed, but it takes time and staff has said that any ordinance written for affordable housing or condominium conversion would be antiquated before tt was approved. 11/3/80 '~i`YSP.b4.L:... -..:.... . .. .9 iY MINUTEST ANAHEIM CITY PLANNING COMMISSIONS dOVEMBER 3, 1900 80.641 EIR NEGATIVE DECLARIITION~ RECLASSIFICATION N0. 80-81.14, CONDITIONAL USE PB,RMIT N0. 2121. WAIVER OF CODE REQUIREMENT AND TENTATIVE MAP OF TRACT N0. 11305 (CONTINUED) r~r .~~~~.~~~~ Floyd Farsno stated the city approved a protect recently and the developer stipulated to a price as established by the Housing Department at $7; per square foot and the developer agreed to hold that price for one yesr. Ha did not think it is necessary for government to get involved and stated they will stipulate to a price of $15 per square foot for one year and will stipulate to allow the Housing Department to find purchasers, but after one year the price would be the actual cost of construction. Ne felt this protect as it stands could be exactly the same as any protect approved as affordable h~~using. Chairman Toler stated he is totally In favor of private enterprise anytime they can do It better thou the yovernmant and he would rather see private enterprise develop any property. lie stated lie did not sec tt~c sense of urgency to get this protect approved since tt will not be constructed for if; to 2~4 months. Ne felt some of these people's concern can be rectified such as where they will live while the protect is under construction, and what is the difference to size between a bachelor apartment and a mobileliome. Chairman Toler stated if private enterprise needs a 1Q1~ density bonus to develop this protect and if the coda has to be compi~atnly thrown away, the density Is too hlyh. He thought the developer s~~ould go baci. to the drawing board and rectify same of the concerns and come back with revised plans. He stated everyone recognizes there is a housiny crisis and there are housing problems, but he could not support this protect. painting out these two and three story units would riot be al-awed backed up to single-family zones even in the RM-12QQ zone. Floyd Farsno stated they are askiny fur nothing more than what has already been allowed. Chairman Toler thouyht It logical that this property could be reclassified for apartments, non ny there are a lot of apartments existing in that area. He felt the best of two worlds ten be accompltshed~ but there has to be meetings and some balance created with a reduction of density, etc. He hoped private enterprise can do a better Job than government and wanted government subsidies eliminated as much as possible. He did not think the Commission has the right to vote on this protect as it stands, but he could not support ii anyway. lie felt there needs to be a lot of discussion and a lot of effort put forth, but thought the concerns can be answered. Ne suggested a continuance in order for the developer to submit revised plans. Floyd Farsno stated a representative of the developer has been at the park two days a week for two months and has talked to 20 or 30 residents, (n addition to the questionnaires which were sent to the residents. Commissioner Barnes understood because she has tried to get input in the same manner and realizes how hard it is. She suggested the residents talk to these developers because they do need their input. Chairman Toler stated this park may have been there 2~ years, but it is conceivable that that property will not remain a mobtlehome park forever because it is a transitional property. Commissioner Barnes explained some of the utilities, etc. are substandard at this park and the developers must spend a lot of money to bring it up to standard and it it/3/8o MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEMBER 3, 1980 80.642 EIR NEGATIVE DECLARATION, RCCLASSIFICATION N0. 80.81.14, CONDITIONAL USE PERMIT N0. 2121,_ WAIVER OF CODE REgUIREMENT AND TENTATIVE MAP OF TRACT N0. 11 O5 (CONTINUED) r-rr~~i~~r ~.r.~~rn..•.r~ u.r~~•r~~rrrirrr.rr ~i~r•. Is very important that the residents talk to these developers. She explained the Commission door not like the protect as it Is and will probably grsnt a continuance. She stated she favors density bonuses to provide affordable housing end It does not make sense for the entire protect to be affordable. Floyd Farano stated the developer would be willing to commit ro a price structure far the entire protect. He stated they have spent a lot of time and money trying to gat the necessary answers, but the only information they have waa taken from the cards filled out far the management when the residents first came. He stated he would like to have a vote on this protect today and thought it could be voted on. He stated he disagrees with the way tl~e protect was presented in the staff revert and believed tt Is dishonest to say this is a RM-3000 protect. Ile felt tf the city thinks the protect is not acceptable, he would Iike a vote so the petitioner G.sn decide whether or not to close the part;. Ne assured thy. residents that this park cannot continue as a mobilehou~e park because it is too old and does not meet any standards. Commissioner Herbst pointed out this project is similar to the property at Ball and harbor. Ile stated there is no plan for the people in the perk and explained the Clty Council required the developers of the property at Bali and Harbor to come up with vary specific plans for those rnstdents. Mr. Farano stated they have talked to some of the residents and some do not want one of the apartment units, some have another park they want to go to and some have not given them any information. Commissioncr Herbst stated this is a very emeittonal situation with some residents haviny been there 20 years and having to move is very disturbing to them. HQ stated I; is tlw develolaer's problem to ta1V. to the residents individually, not Just send notices in the mail. Chairman Toler stated the applicant has asked for a ruling on thi+ protect ss it stands. Ile asked Senior Assistant Cizy Attorney Lowry if the Commissl~~n can Rct on this application. Mr. Lowry replied the Camr.tsslon doers not have the power to spprc~ve this protect. Charles Farano asked the attorney to assume the protect was submitted as an RM-1200 condominium with a waiver of code requirement that condominiums must be developed in accordance with RM-300n zoning requirements. Mr, Lowry stated the city does not have an RM-1200 condominium zone. Chairman Toler stated the Commission can vote on the project or grant a continuance, reminding the petttivners the attorney has indicated the Commission can only give one decision. Charles Farano asked for a ruling an the waivers. Conmtsstoner Barnes thought the Commission is gluing the wrong impression about the protect and even thouyh the density is quite high, the Commission has allowed density bonuses for condominiums and conversions, but not without affordable units. She axpisined according to state law, the Ca~r^t~ston cannot grant variances unless there is a physical reason on the property itsei~. She felt the proposed density is just too great to be granted outright because every developer would want 1001 density ti/3/80 ~' ~ MINUTESs ANANf:IM CITY PLANNING COMMISSION, NOVEM9ER 3. 1980 80-643 EIR NEGATIVE DECLARATION, RECLASSIFICATION N0. 80.81.1 4, CONDITIONAL USE PERMIT N0. 21Z1 . WAIVER OF CODE REQUIREMENT ANO TENTATIVE MAP OF TRACT N0. 11305 (CONTINUED) bonuses and then sell the units at any price they went and this city really needs housing Por people who cannot afford the high prices. Sho understood the developer's frustration to reaching t,ese residents, but wanted thorn to give It another try. She at~~~+d why the developer wants thr. project dented. Commissioner Bushore stated he thought the developer wants the project turned down because he had already given one yesr's notice and he will change the use and as long as he abides by tl-c Zono, there will be no problem. Ne fQit it would be best for the residents for a continuance to be granted because a dental would nnC help them. Commissioner Bushore statod there is another perk In Anaheim that will take single- wide coaches on a month to month basis. Frank Lawry explained the pars, can be ebancfoned, but nothing can be done to ;ho property without a reclassification, except an agricultural use and two residences. Commissioner Bushore stated that park is old and was designed for travel trailers and does not have the sewage capacity necessary. Charles Farano statod he Is hearing things that assume they arc tryi•, to Act in an unreasonnble manner, but they want to he reasonable. Ne stated they have offered the 32 apartments, if needed, at S15$ pr,r month which is what the residents are currently paying, plus increases according to the CPI. Ne asked tf that offer complies with the low income housing reeiulrements. Chairman Toler stated those issues will have to be discussed with the Flousing Department. Commissioner Barnes thought it should qualify far rental assisted housing. Commissioner Bushore stated he had asked at the joint meeting with (lousing and the City Council if the city has a toot to make that determination by stipulation, rather than creating a larger bureeuracy, painting out the city now has two heusing bureauracies. Charles Farano asked if the city would consider the protect without the 32 apartments. Commissioner Barnes felt those 32 units are probably the biggest selling feature and the other feature would be meeting with Housing and offering some of the units at affordable prices. Chairman Toler stated the Commission can only take a negative action on this protect. Commissioner Herbst offered a motion for a six-week continuance fndicsting he fait that would be fair to the residents since they need to digest what is happening and the developer needs to talk to the Housing Department. 11e felt Lhc Commission Is being ra i 1 roaded. Charles Fareno asked for a two-week continuance. Ghsirann Toler, Commissioner Bushore and Commissioner Barnes felt the petitioner should be granted a two-week continuance and Chairman rotor stated if the developer cannot complete his work in two weekx he can request another continuance. 11/3/80 ~.~ MINUTEST ANAHEIM CITY PLANNING COMMiSSION~ NOVEMBER 3 1980 80-644 EIR NEtiATIVE DECI,ARATION~ RECIASSIFIWITION N0. 80-81-~4~ CONDiTIONAI USE PERMIT N0~2121iVA1VER OF CODE REQUIREMENT ANO TENTATIVE t~11P OF TMCT NG_~1305 (CONTINUED) Conranisstoner Herbst asked if the developer Is trying to beat a January deadline stating he made • motion fore stx-week continuance to protect these residents. Na stated legislation requiring certain conditions to ba met for displacement of mobllehanra residents become offectivs after January. Charles Farano stated the developer is not trying to meet the January deadline. ile stated they have elraady tried to make contact with these residents and have tried to come up with a plan for 32 apartment units at a substantial expense to the developer and he did not sae how they could be a ecused of trying to beat the January 15th date. Frank Lowry stated the motion died for lack of a second. AL_ TIOtV; Commissioner Barnes offered • rratlon. seconded by Canmissloner Fry and MOTION CARRIED thae the Anahetm City Planning Commission does hereby grant continuance of the aforamentlaned matter to the November 17. 1~1$A meetings to be scheduled first on tt~e evening egenda. Annika Santalahtl explained November 17 ~~111 have a long egenda and an evening meeting is scheduled. Commlas!oner Barnes suggested residents check with staff on November 17 to determine whether or not the petitioners are re a casting en additic+nal continuance. RECESS There was aten-minute recess at 6:00 p.m. ._~._... RECO~ NVENE The meeting was reconvened at 6;10 p.m. I1/3/~ PUBLIC HEARING. OWNERS. CROWN DEVE~.OPMENT COMPANY, Sulte 5, 12570 13rookhurst Street, Garden Grove, CA 92G40. Property described as an Irregularly-shaped parcel of loud consisting of approximately 3.71 acres located north and east of the northeast corner of Slnmuns Avenue and Plaster Street, having approximate frontages of 543 feet on the north side of Simmons Avenue and 98 feet on the east side of Hester Street, being located approximately 21$ feeC north of the centerline of Sir~rnons Avenue, and approximately 2~2 feet east of the centerline of Has ter Street. Property presently elassifled RS-A-t-3,0~ (RESIDEtTIAL/AGRICULTURAL) 20t1C. GENi:Rl~L PLAN AMENDMENT REQUEST: TO CONSIDCR ALTERNATE PROPOSAL OF ULTIMATE LAND USE FROM LOW DENSITY RESIDEtITIhI TO LON MEDIUM DEtISITY RESIDENTIAL. RECLASSIFICATIOtI REQUEST: RM-34A0 CONDITIONAL U5E PERMIT REQUESTt TO PERMIT A 1-LOT, GO-UNIT CONDOMINIUM COMPLEX (4t3$ AFFORDAiiLE) WITtI WAIVERS OF (a) MINIMUM LOT AREA PER DWELLING UNIT, (b) MAXIMUM STRUCTURAL HEIGHT, (c) MINIMUM RECRi:11TI0NAl-LEISURE AREA, (d) MIt11MUM tIUMBER AfID TYPE OF PARnItIG SPACES Iii THE RS-A-Ir3,000 20NE. There were approximately 20 persons indicating their presence in opposition to subject request, and although the staff report was not read at the public hearing. it is referred to anJ rsade a part of tl+e minutes. Jay Tashiro, Associate Planner, presented the staff r.;y~,~c ~ertalning to the General Plan Amendment. tie explained this is a property-owner rr'riated request to change the current low density residAntial designation to law-medium density residential in order to devrlop a GO-unit townhouse/condominium project of which 29 are proposed as ''affordable" housing. He stated on April 1~, 1g7&, the City Council considered rRneral Plan Amendment No. 11+5 and adopted Alternate Cxhibtt "A" which changed the land use designation to law-density residential end a provision Kas included that a planned unit develoi~ment would be permitted provided that the density could not exceed 7 dwelling units per gross acre. He pointed out Exhibit A displayed on the wall is the property-owner proposai and prapases low-medlun density which typically perrnits an apartment complex. Larry Ilult, Vicc: President, Ralph C. Sutro Company, Mortgage Bankers. agent, stated he is a financial ecivisor retained to structure a program [n connection with the Anahfim dousing and Comr,unity Development Department's plan to provide affordable hous~n~ and to qualify the project for a density bonus. tie stated he has been ve ry active and involved witty the county and state in structuring affordable programs. He referred to seven previously approved affordable projects and stated this project really provides a proper bal:nee and will provide ;0$ affordable unit and 50$ of the units at the market rate. He stated he used the standards of the dousing and Urban Development proyran+ for qualifying the buyers. Mr. dull explained affordable housing today in Orange County is a real question and they are trying to provide a program that will reach portions in the 84$, 1004 and 120j market rate. He stated that the project will be 60 units which is a modest 11 /3/80 MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEM6ER 3, 1980 80.645 ~~, MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEMBER ;, 1980 80-646 NOR $OG$1!16 DCO OI~TIONAL USEEPERMiTANOAM212MEANONWAIVER~OFECODESREIUIREMENT (CONTINUED density when compared with previously affordable projects and that it offers the highest square footage of recreatlanel-leisure areas and highest parking ratio. Dale Hoen, Dan Rowland and Associates, architect, explained each unit has its own attached garage which fronts an a private street; that the main access would be on Master Street; that upon parking would either be parallel or parking stalls on the private streets and will be evenly distributed throughout the protect so guests would not need to earl; on public streets. Ile stated in order to provide affordable housiny, different sized units are necessary and that one-3tory units are on the west side and two-story units arc on t-ic cast end the 15~-foot two-story setback required on the east is adjacent to an undeveloped arra, but there is a resolution of intent for multi-family development. tie explained there will be a maximum of five units per building and tills will not be o large expense of building areas. Ile stated the exterior materials are wood siding ant wood roof shingles. Dr. Foster, 21;8 Jetty Urivc, presented a petition contalntng lei; signatures of people to apposition. lie stated he bought his home nearly 2~ years ago because it is a good neighborhood and is close to three hospitals where he works. He referred to a similar development in 1977 proposed for this property and felt that plan has been altered very little. tie stated the residents all recognize an owner's right to make a profit on his investment and recognize there is a need for affordable hauling, but felt they have more than their share of medium density development within a short radius of where they live; however, they and the City Council recognized in 1978 that it is not reasonable to destroy awell-established neighborhood to order to maximize profits for a developer under ttie guise of offr~rdable housing. Ile felt neither the state nor federal government have any intention of destroying already established good neighborhoods in order t~ put in medium and high density housing. He steteJ there is still open space not to contunction with established neighborhoods whore this sffordable housing could be developed. Mr. Foster stated GPA 145 was passed unanimously by tl~e City Council in 19 78 to allow this parcel to be developed as a residential planned unit development with a density not to exceed ) units per gross acre which would allow the owner a fair return on his Investment and be acceptable to the neighborhood. Ile continued that on the strength of GPA 145 many of the homeowners spent thousands of dollars improving their properties with what they believed was the assurance of the Ctty Council that the neighborhood would .wnain low density residential. He felt It would be a breach of faitl~ ~n the pars of the City of Anaheim now to destroy their neighborhood with this high densit'; Nraje~t ufi'!^r the guise of rffordable housing. Mr. foster stated he is not alone to voluntary service to this community and many of his neighbors give generously of their time and efforts in services to the people in Anaheim and neighboring cities but he was not aware of any donation of time and effort on the part of Crown Uevelopment Company. He did not think approval of this protect to destroy their neighborhood would be a good way to say thank you to these residents. Jim Ties, 2131 South Spinnaker, scaled three years ago he was here fighting an identical drawing and had discussed crime in the neighborhood at that time. He stated crime in chat particular neighborhood is astronomical and is one of Anaheim's highest crime rate areas. He explained they have three crime census tracts in that neighborhood and in 197a there ware 18 rapes, y0 armed burglaries, 569 larcenies and 11/3/80 9~ > MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEMBER 3, 1980 130-647 EIR NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT N0. 1G3, RECLASSIFICATION NO 80-81.16. CANDITIONAL USE PERMIT NO_212~ A~NQ_4~lA~VER OF CODE REQUIREMENT (CONTINUED) 10L mis denwanors. He statod in two years those figures have almost doubled In that same area and (t is strictly due to the high density dwellings that are being developed, Ho stated he did not get the actual reports on those three census tracts because of the cost, but did get information from the Anaheim Police Department on the increases . He stated h 1 gh clans i ty construction has not stopped and nothing has been done to stop the development or the crime in this area. He stated his 1G year o) d son has been accosted tw t ce and h t s house has been burglar (zed tw t ce, yet he still believes In this neighborhood and wants to keep It a good nel~hborhood. Ur. Gerald Gelphie stated ha lives on Simmons In Orange and bought his home five years ago and teas put a lot of time, money and effort into Improving it, as have several of his neighbor,, lie stated at that time the neighborhood was vulnerable to slippage, but a lot of effort and time has been put into maintalntnq it and they are flyhtiny to keep it as tl~e General Plan now states. Dr. Ge iphie read a statement from Mrs. Calhoun, 117 East Simmons, who owns property auJacent to the proposal ti~at her property wt 11 be surrounded on the east and north by this development. tier statement Indicated she has lived there 14 years and strongly objects to this propr~sal and wants the e;~cisting General Plan to remain in tact; that [hey have always been a stngte-family restdentlal area and intend to rrmai n one by whatever legal recourse is necessary. Dr. Geiphie stated ~~e feels that Nr. Rowland is going t~ leave a whole troll of deyeneratn developrnr:nt in the flatlands of Anai~eim, pointing out there are none of these type areas being developed in the Anaheim Hills area and asked why they must be the ones to suffer. He stated they Just are not going to stand for It. Paul Overkson, 2220 South Anchor, stated he would I iE.e to reflect on what has been said here; that some two years ago the Commission was asked to act on this same proposal and it was approved and would havc~ rermltted the development of 30 units; that nvw two years later nothing has been done vnd there is a housing crisis. He asked wiry after Lwo years there is nothing to show for the actions of thr Planning Commission and asked why another proposal is being made now. lie wondered if this will be followed by a third proposal in two years. Fie felt if truly this developer does wish to solve the housing situation, he should have already built units. Mr. Overk~on felt if affordable housing is going to be discussed, it should not simply be a matter of dollar and cents and square footages- but should be considered in terms of the impacts upon other people. Fit felt affordable housing must be an environment which is healthy, safe and right for people to raise thtir families and for people to develop an existence and not simply be a cold naked investment. He felt everyone is i n favor of affordable hous 1 ng and want people to have a good environment; however, the question must be asked, 'lwhen more is not better?" He felt that seems to be an underiytng premises of all developers and he wants to challenge that and the fact that more is not better in this case. He felt 60-units being crammed into an area that is simply too small wilt creake an impact in terms of stress and interpersonal relationships and that this protect wl ll increase crime and increase the stress and welfare. He stated the Police and Fire Departments arc not in favor of these projects. He did not think the Commission should allow a person who has had two years to develop this land to maximize profits and. now simply because there is a term called "affordable housing" come back with the same plan and expect approval. He stated iiewould Gertafnly hope that the Conrnlsston wilt clearly reject this move. 11/3/80 ~. MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEMBER 3, 1980 80.648 EIR NEGATIVE DECLARATION, QENERAL PLAN AMENDMENT NO. 163, RECLASSIFICATION N0. 80.81.16 CONDITIONAL USE PERMIT N0. 2129 ANO WAIVER OF CODE REQUIREMENT (CONTINUE O) Dominic Tomatuolo stated he lives on West Simmons and has been before the Pinnntng Commission and Ctty Council before. He was concerned about the tourist area including the Stadium, Convention Center an.~ Disneyland and felt ig this high density development is allowed to continue, this area will become another ghetto area right In the midst of the city's money-making operations. He felt In the bast Interest of Anaheim, the over-population in a limited area should be kept dawn. He referred to other requests for higher density on today's agenda and felt It sheuld be stopped so this area will be safe for people to walk the streets. Mr. hull state) he is available to discuss any financial questions. He felt the Commission should evaluate and review what staff has presented because they are competent and have reviewed the protect carefully and he felt credence should be given to the facts as presented by staff. THE PUBLIC HEARING'dA5 CLOSED. Chairman Tolar stated he realizes there is a need for affordable housing, but stated he could not support anything beyond the density that was approved two years ago and he did not ttiini, there arc sufficient changes to Justify additional units. He stated it seems the problems still exist which were there then and which were the reasons for the denial. He stated it was felt at that time 7 units per acre was an equitable density bonus because Simmons is narrow and access to Orangewood and tlaster is limited and there are no siynals at Has ter and Simmons and thnse~ things have not changed. tie pointed out this proposal is for hiyhar density on less property than what was approved in 197$ and he still felt that previously approved plan was a good buffer between the existing complexes and the single-tamlly residential area. He felt strongly there is no need for additional units In this area. Commissioner Barnes and Commissioner Herbst agreed and Commissioner Barnes stated the Commission and Council had gone as far as they could at that time and she wcwld want the General Plan to remain as it is far low density residential land uses in this area. She stated she is not to favor of the project even if it is affordable because it is packed tight and ttie protect previously approved was a nice compromise for the area. Commissioner Herbst stated the Commission previously discussed the traffic, schools and crime problems and this proposal physically doubles the protect and t;r~~es have not changed that much. lie stated he could not even support a negative declaration. ACTION: Commissioner Barnes offered a motion, seconded by Commissioner Herbst and NOTION CARRIED, that tt~e Anaheim City Planning Commission has reviewed the proposal to change the current General Plan designation from low density residential to low- medium density residential on an irregularly-shaped parcel of land consisting of approximately 4.2 acres located generally northeast of the intersection of Simmons Avenue and Raster Street; and to reclassify a portion of subject property from the RS-A-lr3,000 (ResidenttallAgricultural) Zone to the RM-3000 (Residential, Multiple- Family) Zone to permit a 1-lot, l~0-unit condominium complex (48$ affordable) with waivers of minimum lot area per dwelling unit, maximum structural height, minimum recreational-1•i~••re area and minimum number of parking spaces or, approximately 3.71 acres irreg- •haped portion of the parcel located north and Gast of the northeast cc~ Simmons Avenue and Halter Street, having approximate frontages of 543 feet on th •--th side of Simmons Avenue and 9$ feet on the east side of Hasten Street; and doss therefore disapprove the Negative Qeclaration from the requirement t 1/3/80 MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEMBER 3, 1980 @0.649 EIR NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT N0. 163, RECLASSIFICATION N0. 80-X1.16, CONDITIONAL USE PERMIT N0. 2129 AND WAIVER OF CODE REQUIREMENT (CONTINUED) -- --- -- to prepare an environmental impact report on the basis that there would be significant individual or cumulative adverse environmental Impacts due to approval of this Negative Declaration since the Anaheim General Pian currently designates the subject property for law-density residential land uses; that sensitive environmental impacts arc involved In the proposal; that the Initial Study submitted by the petitioner ind{rates significant individual or cumulative adverse environmental Impacts. Commissioner Barnes offered Resolution No. PC80-187 and moved for its passage and adoption that the M ahelm City Planning Commission does hereby recommend to the City Council that General Plan Amendment No. 153 be denied on the basis that increased density would cause increased traffic problems in the area and the current General Plan designation should re mein as is. On roll call, the foregoing resolution was passed by the following vote: AYES: COMMISSIONERS: BARIJES, BOUAS, FRY, HERBST, KING, TOLAR NOES: COMMISSIONERS: BUSiiORE ABSENT: COMMISSIONERS: NOriE Commissioner Barnes offered Resolution Flo. PCB-18~ end moved for Its passage and adoption that the M aheim City Planning Gorm-ission does hereby deny Petition for Reclassification No. fs0-C1-iG on the bests thAt increased density would cau~~e Increased traffic problems (n the area. On roll call, the foregoing resolution was passed by the followtnc~ vote: AYES: COMMISSIONERS: BARNES, BOUAS, FRY, 11ERBST, KINr,, TOLAR WOES: COMMISSIONERS: BUSHORE AB5ENT: COMMISSIONERS: NONE Commissioner Barnes offered a motion, seconded by Commissioner Herbst and MOTION CARRIED (Commissioner Bushore voting no), that the Anaheim City Planning Commission does hereby deny the request for waiver of code requirement on the basis that the petitioner did not demonstrate that a hardship exists due to size, shape, Location or topography of subject property. Commissioner Barnes offered Resolution No. PC80-189 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby deny Petition for Conditional Use Permit No. 2129 on the basis that the proposed use would cause increased traffic in the area. On roll call, the foregoing resolution was passed by the following vote: AYES; COMMISSIONERS; BARNES, BOUAS, FRY, HERBST, KING, TOi.AR NOES: COMMISSIONERS: BUSHORE ABSENT: COMM15510NERS: NONE Jack White, Assistant City Attorney, presented the written right to appeal the Planning Commission's decision within 22 days to the City Council. Joel Fick, Assistant Director for Planning, explained actions of the Planning Commission are final, except for the General Plan Amendment which will be heard by the City Council and the residents will be notified of that hearing. X1/3/80 "~»~ MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEMBER 3, 1980 80-650 ITCM Nom; EIR NEGATIVE DECLARATIOti A1;0 CnNDIT10NAl. USE PERMIT NO. 2127: PUBLIC HEARING. OWNERS: ATLti'ITIC RICHFIELD COM~'ANy, i7C6 West Lincoln Avsnue, Suite G, Anaheim, CA 92301. AGENT; D. D. LIPPERT, tiRG West Lincoln Avenue, Suite G, Anaheim, CA 82301. Property described as an trregulsrly-shaped psrcel of land consisting of approximately 0.3 acre, located at the northwest corner of Ball Road and West Street, having a frontage of app roximately 13ti feet on the north side of Ball Rosd and a frontage of approximately 123 feet on the west side of Wast Street, and further described as 1037 West Bsil Road. Property presently classified RS-A- 43,000 (RESIDEI~TIAL, AGRICULTURAL) ZONE. CONDITIONAL USE PERMIT REQUEST: TO PERMIT A r~-lVE1lIENCE MARKET WITH GASOLINE FACILITIES IN TILE RS-A-43,000 ZONE. There was no one Indicating their preseance in opposition to subJect request, and although ilia staff report was not read, it is referred to and made a part of the minutes. Tom Goodman, agent, explained the gasoline station industry has changed in that in the past most of the profit was not from pumping gasoline, but from work in the back room such as tune-ups, etc. lie str+ted during the last flue years there has been a tremendous amount of competition with tune-up operetions,includtng all maJor department stores, which has minimized the backroom business of the local service station; and as a result, service station profits are drastically reduced because they cannot effectively compete. Ile stated Arca is the acknowledged leader to the field of conversion to mini-marts and has developed this dual use concept for self- servtce gasoline and the mini-markets. Mr. Goodman stated In addition to the service station making a profit, there are certain benefits to the municipalities such as the eltmtnatlon of the greasy gas station image and elimination of unsightly Junk cars and tires, etc., plus tt will add a convenience for the customer for one-stop shopping to purchase gasoline and whatever else is necessary. ilia stated, in addition, this will convert a non-taxable item to a taxab 1 e i tem. Mr. Goodman stated they agree w(th staff recommendations, except the recommendation to close the driveway on Ball Road. He presented a revised plan showing the first access on West Street eliminated and stated they do not obJect to that, but do obJect to the elimination of the driveway on Dail Road. Ne pointed out the proposed traffic flow and painted out the gasoline storage tanks access. THE PUBLIC HEARING WAS CLOSED. Commissioner King asked if the trash location has been approved and Mr. Goodman replied they will move the trash storage any place necessary. Commissioner tiushore referred to a similar pro,Ject and asked if this operation would have similar problems and Kr. Goodman explained this will be a one operator establishment (Arco AM - PM Mini-Marts), and pointed out similar operations currently exist in Orange, Santa Ana, Fullerton, etc. tie stated they will not sell hard liquor and explained they will probably want to convert three, or four eimilar sites in Anaheim. 11/3/80 ~. MINUTES, ANAHEIM CITY PI„ANNING COMMISSION, NOVEMBER 3 1980 80.651 EIR NEGATIVE DECI,ARATION'AND CONDITIONAL USE PERMIT Nb. 2127 (CONTINUED) Commissioner Herbst did not behave this is a good locatt:-n for this use and felt it would creels some traffic problems. H~ stated the lot is substandard and with vehicles parked while customers shopped, there will be circulation problems. He state) service stations enjoyed certain privileges which other food markets do not have and i-e talc approval of tl-ts request would set an undesirable precedent. He explained the Sheraton Hotel is planning an expansion and it is not known what is planned for the vacant servtc:e station property on the other corner. Commissioner Bush ore ay read that this is not a goocl location and would create additional problems on that corner. ACTION: Corm-Issioner King offered a motion, seconded by Comr+~issionGr Fry and MOTION ARR EU (GOmmisstoner Herbst voting no), that the Anal-eim Ctty Planning Commission I-as reviewed the proposal to permit a Convenience market wltl- gasoline sales on an Irregularly•sl-aped parts) of land consisting of appraxtmatrly n.3 acre located at the northwest corner of Ball Road and West Street having frontages of approximately 136 feet on the north side of Bail Road and 123 feet on the west sl~ie of West Street; and does hereby approve the Negative Declaration fron- the requirement to prepare an enviranmenta) impact report on the basis that there would be no significant individual or cumulative adverse environrental Impact due to the approval of this Negative peclaration since the Anaheirn General Plan designates the subject property for ~ommerctal/rrlcreationai land uses conmensurate with the proposal; that no sensitive environmental impacts are Involved in tt-e proposal; that tF-e Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declarat-on substantiating the foregoing findtnys is an file in the City of Anaheim Planning Department. Commissioner King offered Resolution ito. PcaO-190 and moved for its passage and adoption that the Anaheim City Planning Commission does hereby grant Petition for Conditional Use Permit No. 2127, subject to the petitioner's stipulation to close the most southerly driveway on West Street and subject to Interdepartmental Committee recommendations. On roll call, the foregoing resolution was passed by t'-e fallowing vote: AYES: COMMISSIONERS: BARNES, BOUAS, FRY, KING, TOIAR NOES: COMMISSIONERS: BUSHORE, HEREiST AB5EHT: COMMISSIONERS: NONE Commissioner Tolar stated he supported the resolution because there is a lot oftraffic in this lncatlon and thought this use would eliminate some of the trip counts. 11/3/80 MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEMBER 3, 1980 80-652 ITEM N0. 8: EIR CATEGORICAL EXEMPTION-CLASS 1 AND CONDITIONAL USE PERMIT N0. 2128: PUBLIC HEARING. OWNERS: HOME OF THE MINISTERING ANGEL, 111 WEST 17th Street, Santa Ana, CA 92706. AGEiIT: DORIS GIBBON SMALL, 111 West 17th Street, Santa Ana, CA 92706. Property described as an Irregularly-shaped parcel of land consisting of approximately W.3 acres, having a frontage of approximately 185 feet on the west side of a prlvete access road, having a maximum depth of approximately i~$5 feet and being located approximately 2~0 feet southwest of the centerline of Quintana Drive, and further described as 233 Quintana Drive. Property presently classified RS-HS- 22,000(SC) (RESIDENTIAL, SINGLE-FAMILY HILLSIDE SCENIC CORRIDOP, OVERLAY) ZONE. CONDITIONAL USE PERMIT REQUEST: TO EXPAND AN EXISTINR BOARDING AND LODGING I~O'SE IN TILE RS-HS-22,000(SC) ZONE. There was no one Indicating their presence to opposition to subJect request, and although the staff report was not read it is referred to and made a part of the minutes. Doris Gibson Small, petitioner, stated in 1h71~ she was granted a conditional use permit for 15 emotionally disturbed children and was Just using the main house at that time, but since then additional bedroom space has been added. She stated because of the increased cost of child care and a complete change-over to a more sophisticated and professional staff, she finds it necessary to increase the capacity to three additional children, fora total of 1Q. She explained the counties of Oranye, Riverside and San Bernardino place children in this hone. TILE PUBLIC FEARING WAS CLOSED. Chairman Toler asked if the petitioner is still having problems with drainage from the Silvertrec development. Ms. Small replied they have a ve ry serious problem; that they did not object when the developments were proposed, but when they felt they were being abused, protested to the Engineering Department asking for more adequate drainaye. She stated the Engineering Department assured them tiu drainage was adequate, but they did have a problem with the first rain and protested again and met with the builder and was assured again that the engineering was adequate. However, in February of this year during the rainy season, there was a massive slide causing $5,000 worth of repair bills which have not been met. She stated the builder has since rebuilt the hill and installed an adequate drainage system, but the insurance companies and everyone involved have not settled the unpaid bills. It was noted the Planning Director or his authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in paragraph 2 of the City of Anaheim Environmental Impact Report Guidelines and ts, therefore, categorically exempt from the requirement to prepare an EIR. ACTION: Commissioner King offered Resolution No. PC80-191 and moved for its passage and a option that the M aheim City Planning Commission does hereby grant Petition for Conditional Use Permit No. 212$, subJect to Interdepartmental Committee recarmendations. 11/3/80 ~~ ~f MINUTES, ANAI'IEIM CITY PLANNING COMMISSION, NOVEM©ER 3, 1980 EIR CATEGORICAL EXEMPTION-CLASS 1 AND CONDlTIANAL USE PERMIT t10. 2128 (CONTINUED~3 On roll cell, the foregoing resolution wea passed by the foltowtng vote: AYES; COMMISSIONERS: BARNES, BOUAS, BUSIIORE, FRY, HERBST, KING, TOIAR NOES: COMMISSIONERS: NONE ADSENT: COMMISSIONERS; NONE Respondiny to Commissioner Bushore, Ms. Smell explained the children are all wards of the court ancJ arc G through 13 years old and she contracts with the individual county. She also explained the ateff report indicates sire will live on the property, but the state d-~es not allow her to live on the property. She stated she has staff on the property, but she personally does not live there. ITE,,,~ ; 9: EIR CATEGORICAL EXEMPTION-CLASS 3 ANU VARIANCE N0. 31G7: PUBLIC HEARING. OWNER: DON M. FLETCiiER, 718 North Baker Street, Santa Ana, CA 92703. AGENTS: ANAIlElt1 TOYOTA AND BRITISiI CARS, STEVEN GEREN, 1601 South Anaheim Boulevard, Anaheim, CA g2lt05. Property described as an Irregularly-shaped parcel of land Consisting of approximately 1.--3 acres, having a maximum depth of Approximately 375 feat and being located approximately 700 feat southwest of the intersection of Cerritos Street and Anal~elm Boulevard, and further described ns 1G~1 South Anaheim Boulevard (Anaheim Toyota and British Cars). Property presently classified ME (INDUSTRIAL, LIMITED) ZONE. VARIANCE REQUEST: WAIVERS OF (a) MAXIMUM AREA OF FREE-STANDING SIGNS, (b) PERMITTED LOCATION OF FREE-STANDItIG SIGN, (c) MIIIIMUM DISTANCE BETWEEN FREE-STANDING SIGNS AtJO (d) MINIMUM GROUttD CLEARANCE OF FREE-STANDING SIGtIS TO RETAIN TWO FREE-STANDING SIGNS. There was no one indicating their presence in opposition to subJect request, and although the staff report was not read, fi is referred to and made part of the minutes. George Chilies, attorney for Toyota-Santa Ana. was present to answer any questions. THE PUBLIC HEARING wA5 CLOSED. Mr. Chilies stated he was present when the hearing was held for the business center and the signs were discussed. lie explained a variance had been submitted at that time for this sign because at that time they mistakenly believed the state owned the property. Commissioner Bushore stated the approved sicjn was directional and asked the Justification for the other ewo signs. Mr. Chilies replied one sign is visible From another portion of the property and they thought it had been previously approved. Ne stated this variance is fora vertical "Toyota" sign. Commissioner Bushore asked if it is necessary with this sign to still paint the windows and fly a balloon on top of the building. 11/3/80 ~._ :, MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEMBER ;, 1980 80-654 EIR CATEGORICAL EXEMPTION-CLASS 1 AND CONDItIONAL USE PERMIT N0. 2128 (CONTINUED) Mr. Chitles replied they have a three week special event permit end Annika Santalahtl, Assistant Director for ,Zoning, explained the balloon was discovered after it was existiny and staff infbrmed the petitioners they could have three more weekends and after that a varisnce wilt be required. Commissioner Bush ore did not went to violate the sign ordinance and create a visual blight along the free~-ay or Anaheim Boulevard. Ile did not see the Justification for a varlanee. Chairman Toler asked if this is the existing sign on the frenway and Mr. Chitles replied ell ttie signs are existing. Annika Santalal~ti thought there was en overlap and Drltish Motor Cars also had an illegal sign and this petitioner simply chanc~cd the panels. Chairman Toler stated the existing sign is 3~0 feet and the proposed sign Is 3G0 feet. Ile stated the other sign could be moved, but the only Ingress and egress Is at that corner which was the only reason that sign was originally approved. Annika Santalal~ti stated tl~e petitioners have a variance for an off-site sign at the entrance and this request is for one towards the freeway and one towards Anaheim Boulevard. She explained code requires a 300-foot distance between the two signs and they only have a 2t-5-Foot distance and ncitl~cr sign has a build(ng permit. Sha stated staff assumed 'the sign was an existing legal non-conforming one primarily because the siyns had been ttidre and when the ownership changed, the signs were modified. She explained they can legally have ~~ne of these signs. It was noted the Plan-.ing Olrector or his authors±ed representative has determined that the proposed protect falls within the definition of Categorical Exemptions, Class 3, as defined in paragraph 2 of the Clty of Anaheim Environmental Impact Report Guidelines and is, tl-erefore, categorically exempt from the requirement to prepare an EIR. ACTION: Commis sinner tie rbst offered Resolution No. PC$~-192 and moved for Its pas g and adoption that tt~e Anaheim City Planning Commission does hereby 4rant Petition for Variance tb. 3167 on tl~c besisthat the triangularly shaped property abuts the Santa Ana Freeway and off-ramps and subject to interdepartmental Committee recommendations. On roll call, the foregoing resolution was passed by the following vote: AYCS: COMMISSIONERS: BOUAS, BUStIORE, FRY, IIERBST, KING, TOLAR NOES: COMMISSIONERS: NONE ABSTAINED: COMMlSSIOtlERS: BARNCS ABSENT: COMMISSIONERS: NONE 11/3/80 MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEMBER 3, 1980 80-6SS ITEM N0. 10: ~0 t~ ITNO Ri:COMMENDATI ONS The following Reports and Recommendations staff reports wero presented but not read: A. ABANDONMENT N0. -6A Request from R. ll. Miiler to vacate a portion omens on 1~a rom 1~5 feet, more or less, west of Sunkist Street. ACTION: Commissioner Herbst offered a motion, seconded by Commissioner r~ y and MOTION CARRIED (Commissioner King abstaining), that the Anaheim Ct-y Planning Commission does hereby recommend to the City Council that Abandonment No. 7g-f>A be approved. B. ABANDONMENT N0. 7 -22A - Request from Pat Wall, Pacific Coast Builders, nc., to a an n a - oot portion of an existing &-foot wide public utility easement as shown on Lots 1a and G of Tract No. 971+9, 27 feet east of the centerline of River Valley Troll. ACTION: Gommissicner Herbst offered a motion, seconded by Commissioner ray and MOTION CARRIED UNAIIIMOUSLY, that tl~c AnahetM City Piann~nq Commission does licrcby recommend to the City Council that Abandonme~~t No. ]9-22A be approved. C. ANAIiElf1 UNION HIGH SCil04L DISTRICT - Request to determine conformance w t~ t e ty o na e m enera lan of the Apollo and Fremont Junior Nigh Schoa) sites. ACTION: Commissioner Ilerbst offered Resolution No. PC80-194 and moved oar its passage and adoption that the Anaheim Ctty Planning Commission does hereby find that tfie disposition of Apollo snd Fremont Schools is in conformance with the City of Anaheim General Plan, however, use of the sites for other than school uses would not be in conformance with tl~e General Pian and would requirt approval of a General Plan AmenJment. On roll call, tf~e foregoing resolution was passed by tine following vote: AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, NERBST, KING, TOLAR NOE5: COMMISSIONERS: NONE ABSENT; COMMISSIONERS: NONE 11/3/80 ~.,~ ..r MINUTE5~ ANAHEIM CITY PLANNING COMMISSION, NOVEMDER 3, 1180 80.656 REPORTS AND RECOMMENDATIONS (CONTINUED) U. CONDITIONAL, USE PERMIT N0. lr 2 - Request from Patricia Scanlon to ncrease th umber ci oar and w re residents at 32N North Vine Street. The staff report noted subject condltlanal use permit was granted on April ;t~f, 175 to establish a board and Dare facility for senior citizens sncf an increase from six to 1') residents was approved on August 2, 197(>• Petltioncr hAS stipulated that they are presently operating with the originally approved six residents as they have not yet installed fire sprinl.lers. 81ds have been received for Installation of fire sprinklers to maintain a ratio of two residents per bedroom and petitioner plans to partition little used areas for additional bedrooms. The Commission briefly discussed the request to increase the number of residents and felt since the request is a >~$ increase, a public hearing should br. conducted, ACTION: Commissioner Herbst offered a motion, seconded by Commissioner ry and MOTION CARP,IEU UNANIMOUSLY, that the Anaheim City Planning Commission does hereby find that a public hearing should be held to consider an Increase in the number of residents permitteC at the board and care facility located at 32u North Vlne Street (Conditional Use Permit No. 1532). E. RECLASSIFICATION N0. _73-7ti-~+ AND CONUITIOt1AL USE PERMIT 1-+10 - Re~ue_st 'for rat roactTve extension of- t me. and F. CONDITIONAL USE PEr,MIT N0. 1~r10 - Reques_pproval of a specific use. Anniha 5antalahti, Assistant Director for Zoning, explained representatives from the County of Orange arc presant to explain their proposal for a psychiatric health facllicy for treatment of acutely and chronically disturbed patients (50$ locked acute care facility). The original hospital was developed in the County and was annexed to the City of Anaheim as a legal non-conforming use as a general hospital. She explained there had been some Council concern about the bed count being credited to West Anaheim Community Hospital. Answering Chairman Tolar, Ms. Santalahti explained the residentie{ arras shaded on tt~t map are under a resolution of intent and a conditional use permit has been approved for hospital expansion. 911i Rueff, County Mental Health, explained the hnspitai formerly owned all that property, but it wss sold for reslckntial purposes. Annika Santalahti stated that reclassification will have to be terminated and explained the existing hospital is a legal non- conforming use in the RM-i200 (Residenti,sl, Muitl-Family) Zone. ,. ~ "10 ., MINUTES, ANAHEIM CITY PLANNING COMMISSIONS NOVEMBER 3, 198A 80657 REPORTS ANO RECOMMENDATIONS (CONTINUED) Commissioner King asked if this request should be considered at a public hearing because of the proposed use as a care facility far scutely disturbed patients. Mr. Rueff explatncd the County has searched far approximately three y oars for a place to operrte a program to relieve their reliance and utilizatl~n of state t~osp~tal beds and Metropolitan Hospital and University of California - Irvine's Emergency Psychiatric Unit. Mr. Rueff continued that the subJect hospital is owned by a large corporation and they did mc+ve their licensed acute care beds to West Anaheim Community Hosp{tali but the beds for this hospital were nog delicensed. The County has appllcd to the Department of Mental -lealth for a waiver of "Certificate of Need" er-d appllcd for a 9~-bed NsycFiiatric wee facility. The proposal is supported by the Board of Supervisors and Department of Mental Health .end funds are available to begin the programs on a limited basis. Fie explained approximately 52 beds would be in locked wards and some beds would be open for voluntary patients and a limited number would be available for emergency admissions by tl~e Police Department. Chairman Toler was concerned about this request because he has seen locked warts. Fle appreciated the fact that there is a need for this type facility, bur could not support this use because he felt tt is substantially different than originally approved. He felt there should be a public hearing. Mr. Ruoff stated ti+cy intend this to be a first-class treatment program with adcqua;c staffincF and the facility will be improved and upgraded completely. Frank Low ry. Senior Assistant City Attorney, asked if these would be catec3ory "L" patients. Ile explatncd there is a Clty Council policy to approve no more hospital facilities in this Ctty for patfenks termed as "dangerously mentally ill" an.l if these patients arc In that category, a public hearing would have t~ be held and certain ti 'legs made. He felt sure the proper findings could be made. Mr. Rueff explained the patients would be there under a "W-9 Code Commitment 5150" which means they are dangerous to themselves or others and many would be brought there by the Police and hel: Involuntarily for 72 hours. If after 72 hours they are determined to be gravely disabled. they can be certified for retention for 14 days and after that time, a court decision would have to be made in order to retain them. The patients at this facility would primarily be under 5150 and 52$0 commitments and there would be no criminally insane patients. ACTION; Chairman Toler offered a motion, seconded by Commissioner eF~ rest and MOTIOtt CARRIED UNAFtIMOU5LY. ti~at the Anaheim City Planning Commission does hereby find that a public hearing would be necessary to consider this matter. 11/3/80 ~/ .~ MINUTES, ANAHEIM CITY PLANNING COMMISSION, NOVEMBER ;~ 1980 80-658 REPt~TS AND RECOMMENDATIONS ICON*INUED) Commissioner Bushora was concerned that there will be problems tf this matter Is discussed e t a public hearing and suggested the facility be used to moat some other County Head. Mr. Ruoff replied there area let of space needs in the Iluman Services Agency, but the Mentei Health Program is in jeopardy unless the County can solve the commitmbnt problem by the fall of 1962 with one total un i t as required by Ai33,4. Chairman Tol.~r suygested transferring open ward patients to this fact 11 ty, thereby creating s~.~aee In other feel 1 I ties. Mr. Ruoff replied University California Irvine Is the only Intake facility the County Gan use and if the patient needs to be In a lacked unit, they have to g~ to Metropolitan, If the patient only needs a short- term looked situation to order to get stablliaed and rele+rsed, they must have a physics) to be admitted at UCI and another physical to be admitted to Metropolitan and the cost is S700. Mr. Lowry did Hat think there will be .~ problem with ~~ranting this request, but there has to be a public hearing or public meeting in order that certain conditions are met. Thee Orange County Health Planning Commission must make certain rulings in connection with the type patients and tire:se findings can be prepared in advance. Mr . Ruc f f rep 1 I ed t!~ery trove the supper t of the Mrs to I Hea i th Advl sory F3oard, the Human Services Agency Advisory Board, the Mental Health Association end the 3oard of Supervisors. Chairman Toler appreciated the County's position and understood the different levels of bureaucracy, but was gravely concerned about the liability if something happened and no public hearing h~+d been held. He felt questions re gardtng security should be answered, pointing out this property i; surrounded with residential uses. He felt the property owners in the Brea are entitled to give their input. Mr. Ruoff explained before operations could begin they would have to ga before the Health Planning Council and other local agencies and there will be other opportunities far public hearings and community input. 11/3/80 ~~ ~ ~ MINUTEST ANAHEIM CITY PLANNING COMMISSION, NOVEM9ER 3r 1980 80-659 REPORTS ANQ RECOMMENDATIONS (CONTINUED) G. PROPOSEp CODE AMENDMENT ApO1NG A NEW SECTION SECTION 18.86. 0. N 181 '~~EAT I ON ZONE." The staff report noted due to anticipation of future development proposals on City owned proporty, a nc++ Code Section should be adopted to establish the conditional use permit procedure for substai~tal de velopmentproposals so that community Input can be considered. ACTION : Comm ss inner Y.1 ng of fared a mot ton, seconded by Ccx-Kn) ss i over Ike rest and MOTION CARRIED UNANIMOUSLY, that the Anaheim City Planning Comnlsslon does hereby recommend to the City Councl I adoption of the attached ordinance amending Chapter 18.86 "Public Recreetlon Zone" by adding a nav Section 18.86.050 "Conditional Uses and Structures". ADJOURiIMENT There boing no further business, Commissioner Nerbst offered a nw~tton, seconded by Commissioner Fry and MOTION CARRIED that the meetln~ be adJourned. The meeting was aci journed et 7:30 P•m• Respectfully submitted, AG%~ Edith 1. Harris, Secretary Anaheim City Planning Commission ElH:lm » /3080