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Minutes-PC 1982/08/09REGIJi.~-A, MEETING OF THS 11N11HBSM CITY PI.~NNIN(i COl~M1288I0~ ~.~-~.. - RaGVIJ1R MEETZTIQ The r~gulnr maetinq o! khe ,Mahe~m City Planninq Camoission was caliad to order by Chairn-en Fry at 10i00 e.a., 1-uqust 9, 1982,in the Counail Chaenber, e quorum being preemnt and the Cocm~iesion revler+ed pl~r~e o! the i~ems on todAy's aqenda. PRlPBENT Cheixtnan r Fry Commiesionere: Houes, Buol~ore, Herbet, 1Cing, La Claire, McBurney 1188~NT AL30 PRESENT Comn~iseionere: None Ron Thnmpeon Annike 8nntalehti Jack Wliite Jay ~'itus paul Singer A~an Shere~r Rt~lph Compton Edith Harris Planning pirector Aeaiatent Director !or 2oning Aeaistant City Attorney offica Sngineer Trnffic Enqineer Aesociate Plnnner AesociAte Plenner Planning Contmieaion Sncretary PLEDGE OF ALLEGIANCE '"0 TNE PL11G LED BY: Conm-ieeianesr King APPROVAL OF MINUTES: Commiseioner Bonas offeXed a motion, aeconded by Commisaioner King nnd MOTION CARRIED, that the minutea of the meeting o! July 25, 19B2, be epproved ee eubatitted. ZTEM NO. 1: EIR NEGATIVE DECLAIUTIVN, WAIVER OF CODE RSQU7RF.MENT AND CONDITIONAL US8 PERMIT NO. 2355 (READV$RTI3SD)• PUBLIC HRa-RING. OWNER: ALFRED D. P1~It30, ET AL, 774 Lowry, Oranqe, CA 92669, 1CIM SHIK AND MYUNG SHIK Yt1N, 735 S. Beach Boulevard, )lnaheim, CA 92804. AGENT: ULYSSF.S 8. BAUER, 17390 McAllister, Riveraide, CA 92503. Property deecribed as a rectangularly-shaped pnrcel of land consistinq of approximately 1.25 acres, 727 South Beach Boulevard. To permit a 101-unit motal witt~ on-sale alcoholic beverages in the CL Zone with waiver of minimum number of parking spaces. There were five gersons indicating their presence in oppoeition to subiect request and although the staff report to the Planning Commiasion was not read at the public hearinq, it ia referred to and made a pert of the minutes. Ulysees Bauer, agent, wae preaent to answer any questions. 82-409 a~9/8z ~ ~ .' MINU?'~B, 11NI1HEIM CITY PLIINNINfi COMMI89ION, 11ugu~t 9, 1982 82-410 8teve Wozney, 818 8. H~yward, 1lneheim, ropzeoentinq the Neyward Qtraet Homaowner'e 1-ssociation, relerr.d to th• etelf rep~~rt reference to e 20-l~ot wido emergency acoes~ and trnsh truck cirivaway with getes lrom Hayward Street to tihe waet. He aleo reterred to tha statf report indication that a 30-inch hiqh block wall is to bo located 10 leet lrom tha weeterly property line adjaoent to HAywnrd Street. He atated they are concazned about the hiqh echool etudente crossing over thet fence to go to the other echo~ls in the arae nnd indlaeted thay would like to ~Qe thet wnll be nt leeat Ei leet hiqh. He explained the peCikioner hee a~qreed to add wrought iron to the top ot the 30-inch high well makinq it 6 Paet, but they would like that a atipulation in tho record. Hc~ etated thay would eleo like a atipuletion tha~t the 6-f.oot hiqh wall will be meesured l:om the ineid~ property linoe beceuse there ia a three loot grade differentiel nnd aomeone could eaeily jump over the well. He atated thay are eleo objectinq to tt~e tresh location as ehown on the exhibit on the wall and axplained the petitianer had in~'icated it would be movec~, but they wauld like t.het atipulati~n in the record. He edd~d the,y te~el the fifteen perkiny epncee propoaed on the eouthwest pur.tian o! the property could be better utilized with landscapingt however, thnt concern ia not ae stxingent. Mr. Bnuer stated in hia ebsence the owner worked wiCh the Pla~ninq Departmcsnt stalf and moved the trash erea eesterly ir.vnediately adjacent to the canopy area (Dean 3herer, Aseociate Planner, indicated that is correct). Mr. Hauer continued he underetood that if they put the block wall elong the property line, it must be 6 feet above the icnmedtate grede level end that they would etipulete tn comply wi.th that requirement. Ho stAted they ere not permitted to have e hiqh~r fRnce on Hayward because ~~f thQ safety of the people drivinq in and out of their driveweyr however, they are willing to provide wrou,ght iron fencinq on top of the 30-inch high block wall ao there would atill be qood visibility nnd it would etill provide a barrier. THE PUBLIC HEARING WAS CLOSED. Commisaioner Bushore asked whdt justitication is qiven for the parking waiver, other than precedent. Mr. Bauer replied they have actual fiqures ~f parkinq utilizeti~n of the Tiffany Motel in the sa~e area and owned by the snme owner. He stated their study ~f actual registration, as compared to the use of the parking apaces, indicate the average ie 718 fxom June 1981 through March 1982. Commissioner Buahore asked if there was ever a time when ~here wes not adequate parkinq spaces. Mr. Bauer exp2etned the hiqheat usage was 70g in August and there wae probably no time that the parkinq lot was completely full. He di:ated occasionally several pgople arrive in one vehicle and aek for two rooma or they arrive in qrc~ups. He added the c~otel would be lucky to have 100$ occupancy during July, Auquet and September, but the averaqe occupancy for thoae months is 80~ and the garkinq apace utilization is 71~ eo they redlly only need 56~ of the Qerkinq apaces required. Commiseioner Huahore s~ated motels in the Disneyland erea heve been granted waivers based on their occupanay rate and atated he wanted to be sure there is justification, eepecially eince there is a restaurant involved. ~ M?NUTEB, 11.~111H~IM CITY PLANNING COMMI88ION, 1luguet 9, 1982 82-411 1-CTIONe Commieeioner 1Cing o~fer'd e motion, saconded by Commiosionar 9ouae end MOTION CARRISD, that the Maheim City Plenninq Coannission hae reviewed Che propoeal to permit a 101-unit motel wi.th on-sale elc~holic beveraqee in the CL (Comn-ercial, Lienited) Zone with wai.ver of minimum number o! parking epecee on a rectanqulnrly-sheped parcol o! land coneistinq o~ epproximetoly 1.25 scre, having e lrontaqe of approximately 140 feet on the w~eAt aide o! Beach Houlevard and lurther described ae 72'~ S~uth Beech B~ulevardt end does hereby approve the Neqative Declaration from tha r~quirement to prepnre en environmental impact report on the be~eis thet there would k~ no signlPlcent ~ndividual or cumuletive edverse environm~ntel impact due to the dpprovel of this Neqetive Declaretion since the l~nnheim Generel Plan deeiqnatee the subject property for qenerel commercinl lanci uaes commensurate with the propoealt that no aeneitive environmentel impacte are involved in the propaealt thet the Initial Study eu~s!tted by the petitioner indicetee no significent individual or numulative adverae c~nvironmental impactsf and thet the Negative Decleration substantl.eting the foreqoing Pindings is on lile in the City o! Anaheim Planniny Department. Commieaioner Le Claire eteted elze did not thlnk khe bJ.ock wall isaue hed been completely ee~tledt and thet thes getitioner hns aqroed to adc~ wrouqht iron to the top. She claritied thaC the gete will be ueed zoutinely by the traeh trucks e-nd indicated she is concerned about the noisa end ehe would prefer to aee a higher wall to take cere of the noise for the neighbors on Heyward Street. Chairman Fry reopened the PUBLIC H~ARING. Mr. eauer stated if the Plenninq Cotmnission would be willinq tio approve it, they would be willing to provide a 6-foot hiqh solid block wall And aeked if it would be permitted eince it will be located 10 Peet ~rom Che property line. Dean Sher~r repl.ied that would be acceptable. Commisaioner Kinq offered a motion, aoconded by Commiseioner Bouns e~nd MOTION CARRIL~D, thnt the Anaheim City Planning Coaimiseion does hereby qrant requeat for wniver of code requirement on the basis thet denial would deprive eubject property of a privileqe enjoyed by other praperties in the eame zonQ and vicinity and that similar waivere have been granted on the bneis that a cartain percentage ot queste arrive by transportation modes other than private automobile. Commiesioner King offgred Resolution No. PC82-150 nnd moved for itie passaqe nnd adoptian thnt the Anaheim City Planning commission does hereby gr~nt Conditionnl Use Perruit No. 2355 subject to the petitioner's stipula~ian to conatruct a 6-loot high block wall on the westerly property line 10 feet from the property line and subject to Interdepartwental Cocanittee recommendations. On roll cell, the foregoing resolution was pesasd by the following vote: A7f~S: B01JAS, BUSHORE, FRY, HER83T, KING, LA CLAIRE, MC BURNEY NOEBt NONE ABSENTs NONE Jack White, Asaietant C.ity Attorney, presented the writaten riqht to appeal the Planninq Commiseion's decieion within 22 days ta the City Council. :J '1 ~ .. 1 ~ ~ MINUTES~ ANAHEIM CITY PLANNING COMMISSION, Auguat 9, 1982 82-412 ITEM N0. 2 t SIR N~(iATIVa DaCIJ1MTI0N, ~~IVaR OF CODE R~QUIREMEN'j' 11ND CONDITIONI-I. iJBE ?ICRMIT N0. 23'S6 .~ r+ PUBI~ZC HE?~RINC. OWNER: ABSL ANp CAROL A. MENDEZ, 100A N. Lemo~ Street, 1lnahel.m, C11 92801. AOIENTi IJIWR~NCE eUC1~,BY, 611 Civic Centar Orive West, 8anta Ana, CA 92701. Property dascri.twd eo en irr~aqularly-sheped perael o! lana con~isting of eppr~ximntwly 0.14 acre, 1039 N. Anaheim Houleverd (Cash 1~uto Snles ) . Ta retain a ueed auto eelee lot in the CG Zone with waiver of minimum number o! pnrkinq spaces. Continued from the meetinq o! Ju1y 26, 1982. The applicant w+~e not present end thia mntter wns henrd prior to Item No. 5 fallawinq thQ 3s10 p.m. recaes. Chairmnn Fry noted the applicnnt had not been present et the July 26, 1982, meeting and now is ebsent aqein. Commiesioner Herbat etate~ hA would prefer to deny t.hie requeat on the basis thet it ie hsrmtul tc~ the nrea. ACTION: Commissionez Herbet offered e motion, neconded by Commisaioner King end M~OTION CARRIED, that the Aneheim City Planntn~ Commieeion hee review~d the proposal to retain a used nutomoblle sales lot in the CG (Cocuaercial, Generel) Zone with waiver of minimum number of parking epacsa on an irreyilarly-ehaped parcel of land consisting of epproximetely 0.14 acre lo~eted et t.l~e southeeet corner of Anaheim Boul~vard ~n8 Lemon Street and turther ~3esc~ibed as 1039 North Annheim Boulevard (Canh Auto Salea)t e.nd daes hereby disapprovo the Neqativ~ Declnration fram the req~iirement to prepnre an environmental impoct rep~rt on the basig that there would be siqnificant individual or cumulative adverse environmental impact due to the approval of this Neqative Declaretion~ that environmental impnctg nre involvgd in the propogall that the Initial 8tudy submitted by the petitioner indicatea significant individual or cumulative adverse environmental impact~. Commieaioner Herbat oflere3 a motion, seconded by Commiseioner Bushore e-nd MOTION CARRI~D, that the Anaheim City Planninq Commiesi.on doQe heraby deny the requeat !or wr~iver of code requirement on the basie that no hardships were demonetrated pertaininq to the size, location, ahepe or tnpography of subject property. Coamiiseionar Harbet offered Reaolution No. PC82-151 and moved for ite pasaeqe and adoption that the Anahelm City Plan,-inq C~mmisei~n does hereby deny Conditional Use Permit No. 2356 on the bneie that tl~e applicant wss not present to enewer Com~niaeion's concerns pertaining ta the propoAed use end that the petition was a reeult of ~+ction taken by the Zoning Code Enforcement Otficer, nnd beaed on th~ history o! a aimil.ar use at subject location. On roll call, the foreqoing resolution waa paaeed by the foilowinq vate: 11YESt BOVAS. BUSHORE~ FRY, HERBST, 1CING, LA CLAIRE, MC BURNEY NOESs NONE l1B8ENT s NONE Jack Whito, Assistant City Attorney, preaonted the writter~ riqht to appeal the Planning Commiasion's decision aithin 22 ciays to the City Council. ~,. ' ' t 82-413 MINUTE9 ~ 11N1~HRZM CIT7f PLANt'lIN(i COMMI88ION, 1-uguet 9, 19H2 2361 ITEM NO. 3s RIR N~1-TIV$ DBCI.)1RJ-TION AND CONDITIONAL USE PSRMIT NO• pUBLIC H811RING. OWNER~ SOUTHERI~ C1~I+IFOfiNIA DISTRI~T OF LiITHERAN CHURCH-MISSOU'RI BYNOD c/o HEPHATHA LUTti~R~1N ~HU~H-a~ H~'iD~N. 5900 L. Sante DAVIG L. Ana Cenyon Road, Maheim, CA 92807. 7-GLNTs Hl-LABI-LEVINBON 6 1-SSOC.- LEVINBON, 1671 (8) E• Lincoln Avenue, Oranqe, CA 92665. Property described ae A rect~-ngulerly-aha~ed percel o~ land coneietiny o! appror.i~nately 4.2 acres, 5900 E. 8ante Ann Csnyon Road (Nephdtha Lutheran Churah). To pern-it e private day school (Gradea K throuqh e) with a maximum anrollment o! 370 children. There wer~s two peraons indiceting their praser~ce in appoeition t~~ aubject request ~nd altho~in thiteie~referred ta end rnadennnpart o~thencrinuCest read at the public hae 9~ Deve Levinaon, aqent, stated revised plene have beAn aubmittod whtch he thought setisfied all the concernA. Mel Green, 135 Lenndro Street, Anaheim, atdted hie pro~erty is loceted immediately to the east of subject property and he was concerned about the heiqht of the proposed bl~ck wall becduse there is n 2-or 3-foot qrade BifPerential between their properties. He etated he understnnde a echool is vital l•.o the educetional qrowth and devpunpl-'A=en for•hthe~n~umbery°gbetuden~sot feel they nre propoe+ing ndequate pleyqr pr~~~ea• rHeatedtbd thc twogchurc~.~heslinethetareaWithie increesenintdensity currently .re Y shauld be stoppcsd. Chairman ~ry clarified with Mr. Grr~en that he had seen the reviaed plans an,i that he was still opposing the request. ~-ndy lvquyen, 131 S• Leandro Street, Anaheim, etated he appreciates the opportunity to eppear at this public hearinq to express his personal pc~i~it of view regarding the new development adjacent tc hia propertyt thnt he ~c ~BalrY reaeonable peraon and does not have a negative attitude toward this p F for a school ~ite, but he would like to req~~e8tionat riorptonreachin~eefihal 9 ].ook into the problem and listen to hia suqq P decision. He p~~eb~t~Pad intoethe~recordlandiindicatedeitnie9aeditferent6th and asked that letter than the previouely submittec] one. Deen Sherer, Associate Plnnner, passed out capies of Mr• Nquyen'e letter and read the letter i.nto the recardt copy of the reference letter is ln th~e Planning Departm$nt files. Mr. Levinson atated :he wall alonq the eseterly property line w~uld be 6 feet hiqh measured fYom the higheet grade. He noted they ~id check with the State regarding the qui~olines since there was a concern regarding t.he ac-ount of recreat~onal space and was iriformed that there are no stTndeident~ra~nd ~Qtte elamentary echool pertaininq to the recreational area pe they were+ aleo informed that the State anticipates that recreation+~lart of the requirementiB in school will become nfter-achool ac~ivities and not p sahool recreation. He stated Mr. Nquyen ia aesociated wit'.i Rivereiae and theY alao checked with the City o~ Rivergide and found they ha~~e no etandarde for recreation~-1 space !or achoola beyond pre-school. ~~ . R2-414 MINUT~S~ 11NAHEIM CITY pLANNING COMMI88ION, 1-uqust 9, 1982 Mr. Levinson mtated there will be ~wo racase peziode, ona !or the younq~r childrsn and one !or the older childrant ena that thi~ recreational epace will provide 75-square leet per child !or the kindargerten through 4th qrede student.s end 96-equare leet per child !or thao nd etzen9n ivengtime,~and~thet based on the numbsr of ahildr~n on the pl~yqr Y 9 theeR fiqures exclude Che beeketball aourt proposed on the perking lot. He etated th0re is An exietinq eaeement !or the utilities end build~nga 20 feet lrom the rear. property line and they will be required to provide eccesa ko those buildinqe tor the Fire Depertment and accese ~or maintenence o! the trees end power linea• Mr. Lovinson etated they te~l thay nre providing adQquate buffere for the residente and indic~ted they did havo e meetiing with the neighboxe end all neiahbars were invite~ and attended, except Nir. Green, and they le;ft the meetinq with the underetandinq that every~ne felt they had satie~ied the requirements, except Mr. Nguyen who atill wanted to make fu~oved b~`1the8Citye st~ted dreinege will be a part of the plan thet muat be app Y He s'~ated, basically, they teel this project doea meet all the requirements oP the City an~ State• THE PUBLIC HEARING WAS CL03ED. Commissioner La Cleire clarified tha aquare footage per student figures wer.e baeed on the pla,yqround area only enc' did not irtclude the clasaXOC~ms. She pointad out that Mr. Nguyen's letter refQrs to the claesroom area aldo and asked if there are any State guidelines for classx'oom area• H~atatedsthey indicated there will be 30 students propoaed per claseroom. are coversd by quidelines !ar the pre-school and are licensed !or the 55 aCudents, but tl~at ie completely diffesrent than a kindergarten throuqh Sth qrade school. Mr. Levinson atated the State did provide guidelines for developinq a privete elementary school through hiqh school, but there a.re no set etandarda and indicated he would be happy to provide the Comanisaion with those suqqested guidelines• He added there will be nine classrooms plua the pre-school. He further explained he was i.n error at the previous meeting wh~r~ he indicated there would b~e only 240 studenta, and there will be a total of 270 students, 30 studenta per claesroom for the kinderqarten through 8th qrade ~peration. He clarified there will ~ tWTepech olUCannotaoverlaphintohthe elementary neparate entities because a p e;chool, etc. Conmaissioner La Claire stated the request is ~or a privnte day school, kinderqarten throuqh Sth grade for a maxicaum enrollment of 370 students and she felt these should be two aeparate reqveats. Chairman Fry gtated if the request is granted, it would be subject to the numbez of students breakdown in Item No. 9 of the staff rcport• Comaaissioner Herbat aaked how construction will proceed, wiCh Mr• Levinson indicating they will be dQVelopinq the K~.hrough 8th classrooms and the aclministration building with rostrooms and expuneion of the parking lot in the first phase of development. l ; ~ MiNUTEB, 71r1AHICSM CiTY PL71tiNINa COMMi88I0N, 1luquat 9, 198Z 82-415 Commiseioner ~isrbst rel~rred to the 10-loot erae betw~en builclinqs, indiaatinc~ he thought thet could areeto a noisetunnsl and askad what the haiqhr o! the well would ba ort the ee~terly pzoperty lina in that aree betwaen the two buildinqs. He askad i! ther.e would be any acceet !or the children to qet to that ei,de ot t~~e buiiding. Mr. Levinson repll.ed tha wall wou].d be 6 laet aboue the higheet qreda and expleined the trees wi.ll provide e ber.rier and it will be elmoat imposeib].e to squeese through because o! tl~e trees. He eteted the treea are haltwey between the lence end the building and that aree will not become n pley zre+a. H~ etnted they hed discuaeed a decorative wall to keep the children out. Commiseioner Herbat sugyested a wall to throw the sound ei~eways. Rseponding to Chaizmnn Fry, Mr. Levinaon stnted there will not bQ any doore on the rear of the buildiny. Comniiesioner King auqgested connacting the twa buildings. Mr. Levineun stated they did consider that bui: it would create a long building. He atated if there are children qivinq the homeowners problems, the situation would not be the seme as with~ a public school because the neighY~ors could talk to the Peator and the problem could be reAOlved. He atate3 they would not wa~t e 190-£oot long buildinq bec~use it would be difficult to get around in caAe of nn emerqency or to maintain the aren. Ne s~nted they felt with the c~ense trees, they could prov~ to staff, prior to the issuance ot building p~rtnita, that they will meet the soun3 standnrds. The rece~ses were briefly diacuased and it was not~d there will b9 no clasaroom changea by the studenta nnd the children would only Ue out during the recessea nnd during the lunch peri.ad. Mr. Lavine4n clarifisd the actual guidelinee for the opetation of the ~school have not b~~^ es*_abliahed e~nd he was not pc~eitive wh~n the breake would oc:cur. Coc~nissioner Herbst auqgested t-~nt a eound atudy ahould be performed t~y a Sound Enqineer end aeked iP the petitioner would be willing to stipula~te to provide such a study and comply with the Sound Enqineer's recommends a-ith :rlr. Levinsor- indicating they would be willinq to make thet stipulation. Comn-iasioner Herbst explained to Mr. Nquyen that Anaheim dcea not hav~ an Architectural Iteview Soard or architectnrel control. Coa~uniseioner Souae aeked the claaest diatance of the parkinq spaces to the property line• Mir• I,~vinson explnined the parkinq lot would be 10 feet from Solomon Drive and 25 feet fr.om Conatantlne, an8 about 3 apaces in the existing parking lot wou1~ be within S or 6 feet on the west. He further exgleined the expaneion of the exietinq parking lot was eppro~ved in 1976. ~~ ~' ~~ ~ MINUTEB, 11.i.alElM CITY PLJINNINO CC"MI8820N, Auquat 9, 1982 82-416 ]~CTiON: Com~nissioner Herb~t o!l~red a nwtion, seconded by Ccm~aai~~ioner iCinq ~nd M~OTION C1-RRIBD, that tho l1n~h~ita City Plenninq Gommis~ion he• r~viewed ths proposal to p~rmit s priveta day-oare ~chool (Grade~ K throuqh 8tfi) with u nu~ximum •nrollment o! 370 childr~n on a rectenqularly-~hapsd parcel o! land coneisting of epproximaiely 4.Z acr~e loceted on tha east ~ide of Solomen Drive betwsen santa 1-na Canyon Ro~d and Const~ntine Ro+~d, end lurth~r Qascribed e~~ 5900 East Santa Ana Canyon Roed (Haphetha Lutheren Church)t end does h~reby approvs the Negetive Daclaration lrom the r~quiremant ~o prepdre an environmental impect report on Che baais that there rrould be no eignilicant individutsl or cua-ulatiive Advorae anvironmontal impect due to the approval o! this Ne~,~tlva Daclaration eince the Anahaim Oeneral Plan de~ignates th~ subject property !or hilleida low density reeidential land use~e aonnneneurete witti the proposal~ chat no seneitive environmentel impacts are involved in the propoealt that the Initial Btudy submitted by the petitionar indicates no signiticant indivi~luel or cumulative edverae environmental i.enpacter end thet the Negative Decleration eubetantietinq the foxeqoing lindinqs is on lile in the City of Aneheim Plenni.ng Depertment. CommisBioner Harbet otfered Reeolution No. PC82-152 nncl movefl tor ita paseaqe end adoption thdt Lhe Annn9im City Planning Commission doee hereby grant Conditional Uee Permit No. 2361 eubjeci to the number ot etudents baing 100 !or the pre-sc~ool and 270 for the kindergarten throuqh 8th greda nnd eubject to the petitioner's eCipulntion to provide ~ Sound Rnport by a certitied Saund Engineer and to comply with any recommendetiona made by eaid Sound Engineer and aubject to Interdepartmental Comn-ittee recommendatione. On roll call, the foreqoing resolution was p+sneed by th~ followinq votes AYE3s BOUAS, BUSHORE, FRY, HERH3T, KING, LA CLAIRE~ Mf: BURNEY NOE3s NONE AB3ENTs NONE Jack White, ~esistant City Attorney, preeented the written riqht to appeal the Planninq Commission's de~ision within ?2 days to the City Council. Commiasioner La Claire explained thet the Planninq Commisaion doea tnke the opposition's suqqestions into consideration and would not had voted !or approval of thi~s project unless they felt the neiqhbor's property would be eateguarded. ~ ~. ; t MINUTEB, ANIIHEIM CITY P1.ANNINO COMMISAIO~N, 7luqust 9, 1982 82-417 ITEM NO. 4~ ~IR NL3ATIVE D8CL11R~-TION AND TENTATIVE M~1P OF TR11CT NO. 11780 PUDi~IC HEARINO. OWNERt BTUART 71ND BARAH LEDINGliAM, 30 Hleckewen, Irvin~, Ce 9Z714. ACi1sNT: (iSNE L. MILL~R, 212Z S. Grend 1lvenue, I~F Sente Ana, CH 92705. Property described as en irragularly-.hapad par.cmi of lend consietinq of epproxicnately 4.47 nores, havinq a lrontsqe of appraximately 85 leet on the eouth sids o! Rio arende Drive, epproximetely 1200 teet eouthwest o! the canterline oP Fairmont eouleverd. Tc, establieh e 7-lot (plua one open epnce lot), RS•Hc-22,000(SC) 2one eubdivision• There we~re four pereone indicetinq thair preaence in oppoaition t~ subject requeet and elthough the stalf roport to the Plenninq Commiseion wea not rend at the public henring, it is referred to and made n pert of the minutos. Commiesioner Herbet declered a cantlict of intaroat ea defined by Anaheim City Plnnninq Commisalon Reeolution No. PC76-157 adoptinq a Contlic~ of Intereet Code for the Plnnninq Commieeion and Govarnmont Code Section 3525, et eeq., in that the petitioner ie a cuetomer of hi~s company and pursuant to the provi$iona o! tho ebove Codea, declared to the Chairmen that he wa-s withdrawinq trom tho henrinq in connection with Tentative Map of Tract No. 11780, and would not taka pnrt in either the discu~sion or the voting thereon and had not diacuesed this mettez with any member of the Planninq Commieaion. THEREUPON, Commiseioner Herbet left the Council Chamber at Z:20 p.m. Gene Miller, aqent, was pre~ent to anawer eny questions. Dnn Hearn, 6298 Palo Alto, Anaheim, atated he ia speaking for himaelf and his neiyhbora. Mr. and Mrs. Gene Hetzel, 6265 E. Rio Grande, who could not ettend. He atnted they are concorned about the dreineqe from the privete road down to Rio Grande becauee the nearest exieting drain is the furtheat northern home on Quintnna and all the watsr from Palo Alto Drive, Qulntana e~nd Rio Grande ~sbove all flow$ into thia dreint and thnt during the past three winters, Mr. Iietzel. has hed to cell the city to cleen away a 2-foot high mud bank into his driveway. He edded thexe is nothinq in these pl.ane to ehow how the drainaqe would be handled. He added thQ city requirpd the deveioper of the Grove Tract to the sou~h to put in a larqe 12-foot underqround drain with an 8-foot qreded cover drain with a 2' x 2' half cemer~t drnin to the weet and south and esked where thie waCer would go after the SAVI canal is filled. He stated debris qets puehed into the canal at the preaent time. Mr. Hearn stated there are a number of private roads in tracts built over the past three or Pour years and a lot of them now have potholest and that there are no draina in the road thems8lves end the water doea come down to the city roade where they are expected to drain. He gtated he ie pezeonally concerned because he livee at the point where the !~ighest run-o!f from the hill would be and he wae concerned nbout the dreinaqe ot the road fillinq the canal and waehinq into his back yard. He stated the tract directly east of the propoaed c3evelopment had an exteneive amount of the hill on Rio Grande aome down during the rein~ las~. yeer. R ~ • , . J MINUTaB, 1WAHaIM CITY pL~1NNIN0 COMMlISBION~ ]luqust 9• 1982 82-418 Mr. Hearn etated thAy are inter~ot~Q in linding out where the, s~waqe, water and ~l~ctrioal laoiliti~• will be loca~ed. He s~atad his primary concern ia vrhsre ths water will be drained end what assurance~ thsre are th~t since thi ~ in a privata drivc which the city do~• not meintain, thet the roe-d would not be washe~d out into someon~'s driv~way or hou~a. Hs askad if the traah truck~ would be qoinq up or i! the homaownars would be bzinqing down hhe traeh ta the point nAjeaant to the equestri.an trsil. Clann Ridinq, 6246 ttio arunde, l~nnhaim, etated his mein concern !e the eewaqa and mud problem and explained when the homee were beinq constructed high~r up on Rio arende end the raine ceme, thera wee a tromendaua mud problem and thoy could not qet into their ~uees. He etated cere slid nnto hie lewn beceuan o! the mud nt the c~rner of uuintnna ~snd Rio Grandet and bece-use o! the eontinuoue drainnge problem they have now, he sees cars eliding around the corner. Ne stated he is concerned thet there will be n terrible accident wi th eomeone killed. He eteted they pr.eviouely e~eked for a etorn- drain et the bottom oP the hill, but were told by the City Enqineer that it wae not neede d end feel they were given n"rdw deal", but with the addition of theae eiqht homes, the draineqe down the private roed will worsen the problem. He state d Rio Grande wes not a thrauqh atreet when he firet moved in end he did not know there would be homes built theze and he would not have moved in f he had known, but now cannot afford to move. Mr. Ridiny eteted he underatends thie area is zoned tor horsea and noted th e re are no other horse pr~perties in that vicinity and he thought if these eiqht hanes are pern;itted to have hozsee, the smell, when it rains, would be terrible end did not think it would be loqical to have horses. Mr. Ridinq stated it ie anticipated there will be tF~irty-five additianal vehiclea i'or theae eiqht lote and he did not think there would be edequate parkinq for khese ad3ltional vehiclea and thouqht they would be perking on Rio Gzande in lront of his neiqhbore' residencea. Mr. H9rn etated this plan, as presented, cannot be developed because it includes a portion of Qroperty to be purchased lrom Mr. Hetzel and that Mr. Hetzel had nsked him to inform the city that he is not qoing to sell th~ property. Chairman Fry noted thnt the Plarening Commiasion cannot diacuss that ieaue. Mr . Ledinqham etated caost of the site ctrains into the etorm drain to the south and one of the conditians is that the drainaqe is aubject to the City Engineer's approvel. He etated there will be a hameowner's aseociatio:~ meintaining the private c.~ive. He notesl the plan will be sengitive to the grading attd the houses wi:.l fit onto the site, rnther than tryinq to a~ake t2~e site fit the housea. He atated the trash will b~ out front, near the entrn z~ce and will be entirely acreened in and encloae3. He explnined 5 parking apac~e are required per unit includinq 2 in the qaraqe and 2 in the driveway and that the circular aren of the cul-de-sac will pravide en additional space per un it. Stu Ledingham, owner of subje.:t property, gtated the mud which accumulated in tron~ of these two homee wae n~t qenereted from subject property but ~rom further up Rio Grande dus to the new c~natruction anS leck o~ proper seeding o! the slopea, etc. __ __ ..~.__...._W.~,..,.,~,~- _. ~ '~,,,;, '~;~ ~. MINUT$8, 1V~11-ft~IM CITY P?.~1Nt~lINCi COMM1I88ION, ]1ugu~t 9, 1982 92-419 Commis~ionez McHurney asked what typa dreinaq4 lacilities will be canstructsd !or tihis pxo;~act. Mr. Ltdinqhem raplied th~y have not dsv~loped those plane es yat. TH$ PUSLIC H~-RING WAS CL08BD. Mr. Ledinghem atnted thay ere very een~itive to the problem o! drs~neqe and will con~truct the dreinage to u~eat city etandard~. Jay Titus, Otfice Bnqineer, atated there iR en exietinq drninage problem in Rio Grende Driva which comes moetly lrom Canyon Woode and tracte furthar up Rio c3r.ande end there was conridersble arosion of elopos, due to leck of landecepinq end proper treetmentt thet the drainage trom this property currently comes down e ewale and moet of it qoee into the existing SAVI cnnel and ie picked up in a drein there end lie did not believe very enuch dreinnqe lrom this property gaee o~it~ Pio Grande at this time. Ha atnted he hes not made any studiee 4! what woula be required, but the developer will be requlred to provide thoae etudiee and to pxovide whatever fecilitiea are naceseary to handle tha drainaqe. Commiseioner McBurney noted the petitionor ie aeking that the SAVi canel be lilled which would elimindte a portion o! their dreinege faailitiee. Jay Titue dtated fecil.itiss will heve to be install.ed to i~andle the water that would normally go into that channel. He stated normally the drninaqe eyatem would be cloeed, but thet would depend upon the studiea and fiqures involved. Cammiesioner La Claire stated there appeara to be a dreinaqe ~-^~lem here and the extent is not known or what it will take to correct it. S..a stated on a previou~ project the Conuniesion lelt the problem could be rASOlved with a qrading xeportt however, the developer was held up almost two years because of the environmental impact report. She added ehe doea not think an EZR is necessary on thie project, oxcept es it pertaina to drei naqe. She added ehe thouqht thie ie a good project but there could be a lot of grading and it could digrupt e lot of other th inqat however, ehe sherae the opposition's concerns about the draineqe. Sh e auqgeated the developsr could save himself a a l.at of time by providing the infora-ation required even to offer an environmental neqative declaretion. Mr. Ledingham stated these are thinga noru~elly done after spproval ot a tentative tract map when the en gineerinq is etartedt and that thcsre will be a minimal aunount of qradlnq. He stated they feel thie is not a major zact or a tnajor piece of property end he wae sure they can handle tho drainage in a profeesional manner and did not see the need f~r a lot ot detailed enqineering at thia time. Mr. Ledinqham etated there is no water running acrose subject property trom any other property and that he has owned the property for four years. Commiasioner euahore atated he did not aee how Com~iseion could approve this requeet with the slopes that axe there, not knowinq how much dirt vrould be cwved and how it will aftect the other properties. ~'.' MINUTESi ANAHEIM CITY PId1Nt~lINCi CW+~+lI88IdN, 1luqutt 9, 198Z 82-4Z0 Mr. Ledinqham ~tated th~re is no int~nt to add or subtract any dirt. H~ stetad the prop~rty is a hill~id~ an8 the wetar wilt drein naturally. H~ ~tetad th• aanel aa~ not intendmd ne a drsin~ge ditch sncl wes inteMAd ae a water ~ource !or irriqationt however, it waR bloakad a!! and lalt and as ddvelo pmtnt ceme,it wa• lolt and ir is partially city-ovmed property. Hs statad the trsct to the ~outhweat wda raquired to put drainaqe in to take the water From this property underqround to an exi~ting atorm drain and thet 75• o! the drninage was propsrly handled in an underqround storm drein nnd the balsnce callecta in a basin nnd rune to tr~e atorm drain. ReApondittg to Gommieeioner Bushoro, Mr. Ledingham expleined the retsininq walle are 10 laet on Lot 1, none on Lot 2, 13 teet on I.ot 3 end none on Lote 4, 5, 6 and 7. Ha expleined two home eite padm are showr~ in error and ehould hnve Deen removed lrom the drewinga. Commiaeioner Hushore aeked iP there are any other tracte in the area with reta~ining walle as high as 13 leet, expressinq hie concern about thA slnpee. He etated he does not rc+member enythinq beinq alloweci w}~ich required that much cuttinq into the hillside. Mr. Ledinghdm stated the intent of the retaining wall is to minimize qrading end the option would be to qrade the hill and lower the rataining w~ll. Jay Titus stated he could not recnll any retaining walls that high. Chnirmisn Fry etated approval would be a co~cspt only and a final mep would come back, but obviouely there is i draineqe probinm there now and if this project would add to that problem, e aecond look shuuld be taken at the pro~ect. Commniesioner Huahore stated th~~ peticioner has already indicAted two chanqee on this drawing nnd it ie not correct aa preaented. He steted because of the draineqe and how the lots are qoing to be constructed, he would not want to approve e tentetive tr~ct map without knowinq what ie qoinq to happen ~o the water runoff and without seeing the ped areas and he did not think that would require that much enqineering. He atated he could not act on this map as pre$ented. Commissfoner Kinq stated he felt Lhe yrading dhould be reviewed by the Comtni sa ion . Mr. Ledingham atated thia 3s not intended to be a linal map and he realizes there are some eketchy areas and there is no question thnt there are concerna pertaininq to drainaqe, but thnt can be handled by an enqineerinq etaff. He added th:t~ project is not a pad-on-grade concept nnd that these will be cuatom houses, *.E~ecifically desiqned, and ehowinq pade et this p~int would be more confuaing. Coam~iesioner McBurney stdted he ia concerned about the retaining walls and in order to even qet an area that would house e qaraqe, there wauld h~ve to be a retaining wall nnd the Cosunisaion is interested in where thoae walle will be and how hiqh they wi12 have to be. ea-aai MiNUTSB, AN11H1EIM CITY PLl1NNINa CONIt~I88I0N, 1-uquet 9, 1982 J~ck Whits~ 1~~si~tent City 1-titornsy• statad the qrading permit is a diearetionsry p~~ti i~suad by tho City ~-91=°~°~iatebtor~the Plsnning ~'1e City c:ouncilt tharetor•, it would not bs ePP p n approvRl o! tha Comtniasion to act upon th~ aradi.ng Permit~ however~o Pa with a clarillastion tentative map, tha negetive d~claratlon can be epp thet it i• approved merely !or the ~ubdivision end +~ ruNohetntediilnthe~al xeviaw would be aonducted with reqard to tho grading. Commission ia conoerned about the drainaqe patt~rns, it would be poesible tu add e conclition to the tentatl.va tract epproval requiring Aubsequant eppraval by the Plenninq Cocuniesion oP a precise drninaqe plan to be eubmitted la~er. and approved prior to ap,provnl of a final tract map. He eteted it is posaible if all other queetions are alaneend/stillCheve the citynedequately protectedut hevinq the preciee gradinq p Commiseioner Hushore clarifiad that once the tantetive maP i8 npov9dedwith~ut project could qo throuqh the final staqee with the lots, ns app the CommiesionheVCOnditione~ara includedpatnthiettimeclarifying thnt it ie his concern that t Jack White etated in order for the developer to get appruval ot `he linnl map, he would heve to comply with ell the conditiona of the t~ntetive a«.;+ an3 if the conditions he mentioned were included, thoy could not record th~ finsl map nor eell the lot.s until thoee co~d~iTi~V~ewa~~dmnt r ve theaeinlanfhbecauseithe C o m m i e s i o n is not the onl.y ~Y PP p HQ explained the City Engineer ia responsitle for the qrading permits. e,pproval would be for the eubdiviston of the lnnd and if it cen~^t be acc~mpliehed bacause ~f topoqraphy, etc., then the final map would not be record~ed and the petitioner would probably seek revieion of the tentative. Commisaioner MeHurney stated he would like to see the qradinq plan and tha drainaqe Pein'takenccare of~esotthere wi.lltnotibe enaerosion9 histcon ernsage ia ndequat y have been satisfied. Mr. Ledinqham noted Condition No. 5 does ed3r~ss the drainage issue and he felt i~ provides the protection deaired. Commissioner La Claire atated the fact that there is a drainage problem there naw indicates L•het sometimss the city m.a~kes mietakes. She stated she wcauld like to see the drainage plant that she ie conaerned about the cumul.ative ndverse effect of the draineqe on the whole erea, even though thie project alone enay not hnve ~ny effect. She clerified ahe was referrinq to the cumulative effect of drainage fran this property. 3he stated she wauld dqree with the Attorney'e sugqestion that before any pern-its are issued tor qrading. the Commiesion would review And approve the draineqe plan. Jay Titus expleaned~~ethare wouldebe nosprobleoa i~pthevPlanningtCommiaeion pg the drainage pl , wanted to review the study of the drninnge. I~4r. Ledinqhaim stated he was not aware of a drainage problem caused from this property but they would be willinq to comply with the recommenciations of the City Attorney and noted tha Enqineering Staf~ ie rasponssble for determination og tha adequacy or inadequacy ot the plans. ~ MINUTES, ANAHEIM CITY PLANNING COMMISSION, August 9, 1982 a2-A22 C~n~ni~eioner Bushore •teted he r+ou1Q not want to ~tert cutting into hillsidee aithout mor• inPormation es to the amount of qYadinq, the ha~qht of the rex~ining walls ~nd would queetion whether or not the property should ba. developed with thia many l~ts. Mr. Ledinqha~ steted no qrading would be dane without permite. Comtniseioner Buehore chntinued he !e concer.nad ebout whet effect grnding of ~his prop~rty would heve on the hillside ahove and he Would went to mee moze study en~ would elso want to know if there hdVR been any o~her projecte with retein~nq welle this high. Commieeioner Boues stated ahe could agree with the Attorney's auggnsti~n and Commieeioner I,e Cleire esked about eppt•oval of tlie negative declaretion end whether or nnC ~ could be approved nt t}iis ~int end chenqed if neede~ in tl~e luture. Jack White ateted 1E the majority ~P the Commisaion feels ~hero would be a cumulative edverne impect of the dreinaqe relating to thie project in ~onnection with the drni.nege of other propertioe in the area, that is prQCiealy the typQ of information conGninad in en environm~ntal impact report, but iP they epprove thQ negAtive dealnratj.on !or thie pruject ~or the eubdivision of thia property into the various percela, they cannot at e leter dAte, after eeeing the drainaqe pldn, decide that en environmental impact report ehau~d be prepared. He eteted the City Engineer would be looking at a diflerent scop~ of the project in connection with dreineqe and qrAdinq and he can require an EIR at thet point and that EIR would heve to addreee all those leaues to his eatiafaction and painted out the City Enqineer is en expert in that li~ld and best qualified ta make thrt determination. HQ etated approval of the neg~tive declerati.on would be the ~eciai.on ~f khe Planning Commiesion as far ea tHeir phase of the project ia concerned and pointed out the Cammiasion is not lnoking at the whc,le project. He sf.ated the wordinq of approval of the negative declar~tion should be clear chat the negative declaretion relates to the aubdivision e~~~~ n~t t~~ tiie approval ot the gradinq or drainaqe permits. Commisaioner Bouas naked if there dre other propPrtiee in thnt area which have haraes. Deai~ Sherer stated horees are permitted ~n hal~-ecre lots in the Mohler Dri•~e area, but there ere certain other code requirements such as how far it must be atabled from the property linea, etc. which could affQCt the issue. Mr. Ledingham stAted they have na intention of hav.ng horses on the property. ACTION: Commiasioner McP~irney offered a motion, seconded by Commisaionez La Claire and MOTION CAI2f2IED (Coanaiesioner Herbst abaent end Commisaioner Bushore abstaining) that the Aneheim City Planninq Commission has reviewed the propoeal to eatabliah a 7-lat (plus one open space lot), it3-HS-22,000(SC) 2one eubdivision on an irregularly-shaped parcel of land consistinq of a~pxoximately 4.4'7 acres, havi.nq a f.rontage of approximately 85 feet on the south side of Rio Grande Drive, having a meximwn depth of approximately 1200 feet southwest of the centerline of Fairmont Boulevardr and does hereby apprave the Negative Declaration for the subdivision portion of the project only. Separate environmental review ahall be completed with reqard to any ~ ~' _~ ..~ MINUTES, ANAHEIM CITY PLANNING COMMIS510N, August 9~ 1982 82-423 gr~di~g And/or Qrainaqa permitt r~quired. Poter~tal environm~ntal impacts due to ^ub~t~nti~l gr~d• dilisrsntial• on esch parcei wi11 be rsduc~d to an i.nsiqnilicant l~v~l by tnitigetion measurao incorporatad into the CCiR~ !or the propo~ed subdivision es lol.lows: a) Inst~+nd o! qrading larqe pade !or eech hou~e, each unit will b~ multi-lavel ueing plenkinq and atem walle to the ext~+nt poseibin. b) Rether them m~s^ qradinq 2i1 slopes, retein.inq walle will be inetelled inter.mix~c] with elop«± lendsrepinn• c) Deeiqn control for the pr~~~ect through the use of CC6Rs will Fie implamented. d) The existing revine will remein ns presently contoured. The Plenning Commiseion dc+ea hereby ~ind thet th~ propc~a~ed mitigdtion meaaures aro edeque+te tor enproval of an EIR Negetive Decleration. The Negative Declarat~on .in approved on the baaie that there wou.ld be no ei,qnifican;: individual ar cumulative adverae envizorimental impact due to thes epproval of thiA Negetive beclaral•ion eince the Anehoim Genernl Plan desiqnatee the aubject property Por hilleide low-deneity residentiel land uses commeneurete with the propoealr thet no senaitive environmental in-pacte are involved in the propoeel~ that the Initiel Study euba-itted by ttie petitioner indicates no significant individual ar cumule-tive ndverse environmental impectsr an~ tl~at the the Neqative Decleretion aubetantiating the toreqoing lindinqs ia ~n file in the City of Anaheim Planning Depertment. Connaieaioner McBurney offered a motiort, seconded by Commiesioner $ouas end MOTION GARAIED (Cotmniasioner Herbst abeent nncl Cammiaeioner Huehore abstaininq), thet the Annheim City Plenning Conanisslon does herebl ~ind thet the propoaed subdivisihn, toqether with its desiqn and improvemer~t, ia consiatent with the City nf Annheim Genernl Plnn, pursuent to Government Code Section 66473.Sr and doea, therefore, approve "'entative Nap of Tzect No. 11780 for a 7-lot, (plue one open spnce lot),RS-N3-22,000(SC) Zone e~ibdivision subject to the following conditinns: 1. '^hnt ahuuld thig subdivision be developed es more than one subdivieion, ~ach subdivision thereof shall be submittecl in tentativQ fozm for approval. 2. That all lots within this tract ahell be served by underground utilitie~. 3. That street namQS shall be approved by the City Planninq Ueparta-ent prior to epproval of a tinal tract raap. 4. That fire hy3rante ahall be inetal.led and charged ea required and determine~i t~ be necossary by the Chie! o~ the Fire Depdrt.ment prior to commenaement of structural traminq. ~, i MINUTES~ ANAHEIM CITY PLANNING COMMISSION, August 9~ 19$2 82-424 S. That draineg~ o! ~ubjsot property ahell b~ diep~o~sd ~f in a manner sati~~sctorp to the City Enqin~er. 6. That the ownar o! subjact proparty eh+~ll psy to th• Gity ~f 1-naheim appropriat~ perk end r~areation in-li~u l~es as d~termi.ned to ba approprisl~+ by tho City Council, seid fe~s to be psid at khe time the bui:ding psrmil: ii iesued. 7. Thet qrsdinq, excavation, end ell other conatruction ectivitles shell t~ conducted in such a men~ex eo ae to mini.mi~e the poetsi.bility of any si2t oriqineting lr~,m thie prc+ject beinq carriec~ into the Senta l~na River by etorm w+~t~er origineting from or tlawinq throuqh thie project. 8. TY~at eppropriate weter aesesement l~eea as determined by the 0lfice o! Utilitiee General Meneger bhell i~e peid to the :.ity ot Anaheim priar to th~! ise~ence of e buildinq p9rmit. 9. I! parmanent street name eigne heve not baen inetelled~ tempornry street name signa shall be inntallod prior to nny occupancy. 10. Thet the owner(s) o! aubject property shell pay eppropriete draineqe naee~ement Peee to tho City of Annheim as de4ermined by the City Enqinper prior ta isauance of a building permit. 11. That all requiremont~ of Firo 7•o~-e 4, otherwise identified es Fire Adminiatretive Order No. 7G-O1, wi11 be met. Such requirements include, but nre not limited to, chimney eperk arrestors, protected attic and under floor openinge, Clees C or better rooting metAriel anc~ une hour fire reeist.ive conetruction of horizontal eurfaces if within 200 feet of edjar,ent bruahland. 12. TTiat f.uel breake ahall t,e provided es determined to be required by the Fire Chief. 13. T}~at native stopee adjecent to newly constructed homes ahnll be hydroseedPd with n low luel combustible seed mix. Such alopes shall be sprinkl.ered and weeded na required to eetabllsh a 100-foot separati~ of flammeble vegetation from eny ~tructure. 14. Thet the owner(s) of subject property ehall pay the trnffic siqnnl assesamenr !ee (Ordinance No. 3896), in an amount ne determined by the Cixy Council, !or eech new dwellinq unit prior to the igsuance of a building permit. 15. That any specin~sn tree removnl ahall be subject to the regulations pertaining to tree preeervation in the Scenic Corridor Overlay Zone. 16. That the private atreet ehall. comply with the City o~ 1lnaheim standard for private streeta in the Mohler Drive a-rea and shnll be fully paved prior to 8ale of any lots in the tract. , ~ ~~ ~ MINUTES~ ANAHEIM CIYY PLANNING COMMISSION, Augu~t 9~ 1982 82-425 17. ThAC a modiliad cul-de•~ac ~hell b~ installed by Lhe develQper at the ~outh~zly tarminu~ o! Cenyon Noods Road prior to the aale o! eny lot !n th~ tr~ck. 18. That th~ B.A.V.I. irriqation channel sh~ll be l121ed wS.t' ~+dxCh to the estistaction of the City o! 1lnaheim Parks and Recreation Department by tha developer, tor the entira lrontage uf subj~ct tract prior to ~he eale of any lot in the tr+sct. 19. Thdt eecurity in the form o! a bond, certifieete af depc~eit, letter of czedit, or cash, in an amoant and lorci satiafectory to the City o! Ansheim, ehsll be poeted with LhA Gity prior to epproval ot the final trect map to quarentee eatistactory campletion o! Condit.ione Nos. 16, 17 end 18. 20. That ell L•urning radii on the proposed ~rivate etreet ehe11 be s~tb~ect to approval ot the Firn D~partment prior to the finel trnct mdp. 21. That the trash atorage arese ahall be canetructed in eccordence with city apecifications et the entrance ko eubject tract +~t a loceti.on approved by the Ci*_y Traftic EnginRer ~and Che 3treQte Maintenance and Sanitation Department. 22. That on-site gradee at the entrance ~~! eub~ect property shell be subject to review end epproval by tt~+e City Trt~ffic Enq±neer prior to approval of the final tract mup. 23. That the City's equ~strien trail eneement ghnll be free an~i clear of any driveway ~r other encroachmente. The developer ahnll pravide for clear entrance to the trail eesement cff of Itio Grande Drive, to the satisfaction of the City Packe Di~~ieion, prior to the construction of the private driveway to the subd~vieion. 24. ThAt a Drainaqe Stud}r shell be ~submitted to end approved by the Planninq Commixsion prior to approval of the finnl trect map. Jack White presented thc written right to appeal the Alanning Commiasion's decision within ten (10) days to the City Council. Commiseioner La Claire aeked how thoae present in opposition would find out when the drainege study ie goinq to }.x~s reviewed by the Planninq Comn-ission and Dean Sherer indicated the Plenning Department Staff can notify those people who ehowed up at today'e heerinq in writing. Commissloner 8uehore steted he has nothing aqainst the project, but wasn't aurc he wanted to vote for approval and atated the city should be concerned about what is above there caueing the drainaqe problem riqht now and that th~ situatlon ahould be inveatigeted. RECE38: There was n ten minute receas at 3.10 p.m. RECONVENL: The meetinq was reconvened at 3:20 p.m. ~ ~. '-~ ~ .~ MINUTES~ ANAMEIM CITY PLANNING COMMISSION, August 9~ 1982 82-426 IT1CM NO. St LIR N1D(3]1TIV8 DECLAI~ITION NID RECIJ186IFICATION NO. 82-83-5 PUALZC HB)1RINCi. OWNBRs AUTOMO8iL8 CLUB OF SOUTHERN C7-LIP'ORNIA, 2601 8. ~'iqueroe, Loe Angeles, G 90007. A(;1lNT: PAVL J. TfJR2GLiATTO, 2601 8. Fiquoroa, T.os Angelea, C71 90007. Property d~scribeA ae en irreqularly-eheped parcel o! land consimting of approxin-etely 3.0 ecrei located et thM eouthwest corner o! Santa Ana Canyon Roi~d nnd Avenidn Marqari,te, hmvinq epprAximate trontagee ~t 450 leat on the eouth aide of Sante Ana Cenyon Road nnd 425 feet on th~ we~t side of Avenide Margarite. RS-A-43,000 tu CL Zonn to conetruct e tw~-etory otfice building nnd bank. There wne no one indicet.ing their preeence in oppoeition to subject request and al.thouqh the stetf report to th~ Plnnninq Canuni~aion wes not reed et the public h~aring, it ia reterred to and made e pert oP the minutes. Peul Turigliatto, aqent, refr~rred to Condition Nos. 3 end 16 perteining to the traeh etorege ar.eas and noted the proposed locetion of the trash bin ia caueiny aome! contlict with the bank's drive-throuqh windowt~ and etatt euqgeeted i.t be relc~cated which would eliminata the need Por the ]F,-foot drive-through lane in Condition No. 16. Ne stated one of tha rscommendatiana ia that tho drivewey oft Margeritm where the dri.ve-through lanea are located be deeiqnated one-wny end tire buetere inetalled. He etated if the lnne le wfr~ened to 16 feet, he felt trnffic wauld tx~ eble to qet in from the other pdrkinq area which vmu.ld cauee problama beceuae they r~ould not Ine able to get back out. He etated they feel reloc:atinq the tresh bin entirely out of. that area would aolve the pr~blem and a 16-foot drive-through lane wo»ld not be ndceaeary. THE PUBLIC HEARING WAS CLOSEU. Commiseioner McBurney stated he felt beceuse of the confiquretion of the drive-throuqh lanes, he did not think people would be qoing in there and he did not want to require tire bustera. He steted he would like to ees the trash enclosur.ea zelocated to a different site. tte ~elt after the cuatomore qet uaed Lo the drive-in windows, they will uae thet as in inqrese and would not come back through. Canmissioner Herbst asked about the parkinq stnlls and Commiasioner McBurney felt those epacea should be reviewed taec8use it appenra they could be used by the public and suqqested they be deaiqnated "for employees ~nly". Mr. Turigliatto indiceted they would he deaignated and identified for apecific employees. Commiesioner Ln Cldire clarified that the rear doors will be used by employees anly and not open to the public.. Mr. Turigliatto responded to Co~anisaioner La C:aire that the Automobile Club will be cloeting their Placentia Diatrict Office and thia office will serve as a dietrict office f~r d portion oF Aneheim, Pl.acentis, Yorba Linda and a portion of Or3nge nnd there would bc~ ebout 51 employees at the Autoenobile Club and bnnk. Ne explained this o~fice will provide cotaplete member service, including travel agency, mapr~, routing, insurance claima, etc. He atated they would expect, durinq the busiest hours araund nonn, that there would be as many as f iftee~n membera or customere in the office at one time. ( S MINUTaB, 11N114tEIM CITY PLl1NNINa Cd~M1I88ION, )~uquet 9, 1982 82-427 71CTIONe Coeamission~r La Cl~ixs c~t~ered e motion, ~oaonded by Caamissionar Bouar and MOTION C7IARZED, that t1~o Anaheim City Planninq Comu~lA~lon has reviev~-ed tha praposal to reclaasily ~ubjsot property from the RS-A-43,00~18C) (Residential, Aqriculturel 8cenio CorridAr Overley) Zone to the CL(BC) (Commar.cial~ Limit4d 8canic Corr~idor Overlay) 2one to oonntruce e two-atory o!lice buildinq and bank on an :lrrsgulnrly-shaped parcel of land consistinq o! ~pproximataly 3•0 acres loaated at the oouthweat cornmar of 8snta Ana Cenyon Road and l~v~nida Margaritet end doea hereby epprove the Neqetive Declaration lrom the requirement to prepnre an environmenknl ir.,paat report on tha bssis that thRre would be no eigniticant individual or cumulativa adverse anvironmrntal impact dua to tht! epproval of thie Negntive Decleration ei.nce the Aneheim Generel Plnn deeiqnates the aubject property !or general commercial/hillaide low doneity reaidential lend usee coam+eneurate with tha proposalt that no sensitive environm~ntel impacte aro invol.ved in the proposalt that the Initial Steidy eubmitted by the petitioner indicatea no siqnificant individual or cum~zlative ndveree environmentai i.mpnctet rnd that the Neqdti.ve De~].aration subscentiating thd foreqoinq findinge ie on lile in the City of Ant~heim Planning Department. Commiseioner Le Claire ofEer~ec~ Reeolution No. PC82-153 and moved for ita pnseaqe and adoption that tlie AnAheim City Plenning Commieeion does hereby qrant Recleesification No. 82-83-5 subject to Interdepartmental Coma~ittee recommendetiona. Dean Sherer, Aesociate Pl~snner, clarified th+st Condition No. 3, as prbposed, should remnin es worded end th~t Condition N~~. 2 should be 8eleted since zhe krash location will be ct-anged. He poin~ed out the Tr.eltic Engineer has requested that the southerly driveway on Avenida Marqarite shall be vehiculer 4gress only with tire b~iaters inetalled to prevent vehicles from exitinq at this location end asked, if xt ie the Planning Commiesion's l.ntent to include that condition. Commissioner McBurney yuggeeted that the lane be desiqrted for inqress only, rather than inetallinq tire bustera, end deleted c'ondition No• ~.7. On r~ll r.all, the foregoing reaolution wae pasaed by the following vote: AYES: SOUAS. BUSHORE, PRY, HERB3T, KING, LA CLIIIRE, MC BURNEY NOES: NONE A88ENT: NONE ITEM NO. 6: EYR NEGATIVE DECLARATION AND VARIANCE NO. 3286 ..._._._ PUBLIC HEARING. CJWNER: CHEST~R H. AND AGNES Y. CHIYA, 8002 De Vries, Lar,e, La Paltna, ~:A 90620. AGENTs HELEN V. GEtJHTNER, ~152 Bon Villa Circle, La Palme~, CA 90623. Property deecribed ae a rectanqularly-shaped parcel oP land consisting of approximately 9231 aquare feet, 3169 West Lincoln Avenue. Waiver of maximum structural height to con~truct a two-etory cortune,rcial buildin~3. There ~aas one perbon indiceting his preaence in oppoaition to aubjact requc~st and n:though the etntf report to the Planning Connaieaion wee not read at the public hearing, it is referred to and mnde a part of the minutes. t MINUTICB, 11N~-NSIM CiTY PLANNINO CaMIMti88I0N, l~uqust 9, 1982 82-428 Richard Certex, 1640 Oranqethorpe Way, llnah~sim, aqen~, statscY the ~tnlL raport indi.cate4 this proparty i.~ z~ned R8-72q0 (Ree~,dentiel, 8lnqle-Family) and he beli~ved it i• aoned CL (Commervial, Lic~ited). He statec9 this variance is necessary beoauee tho buildinq will be located within 150 leet of single-lamily rsaidontinl zon~ (Aean Sherer ngresd the property is aoned CL.). Thomae Heatty, 3165 W. Lincoln Avenue, Anaheim, ataCed his property ia edjaaent to the e,ast of eubject proportyt that subject property wae xeeidential pronerty end was rezoned beca~rse the owner thouqht he hed it aold to another rasteurant chain betore Wendy's came in and that he wea under the impreaeion that the coannercial coninq had been approved only iP it wee aold in lota of two with a street down the micldle with the totel of 20 reeidential pro~. .:ies. Cheirman Fry stated that recla$eification excluded thle particular lot. Mr. HRatty stated he would object to the requeat becnuee their only ~cceae ie a nar.row elley and riglit now Wendy'e hae cauaed a traffic problem to the ree.identa. He etated naiae is also n concern. Ne added he felt another commercial use wauld creeto more traPfi~ problema for the r~oiderrts o! thgse aeventeen houscse. He added there ie a filteen mile per hour speed limit in the alley, but a lot of people travel much faster. He atated Wettdy's does Fiave block walls on both sides of their access and veliicles cannot be seon and it ie d blind corner. Mr. Carter stated they have provide~ a driveway through thie property to Mr. Bentty's property off Lincoln ao he hae a much better aituetion. He atated the developtnent will bc a dress shop and will not generate a lot of noise and will not be open at night. He stated they have no c~ntrol over the speed of the traffic. THE PUB~LIC NEARZNG WAS CLOSED. Commiasioner King stated he thinka this ie a qood project for this aren because there is a poasibility the area on the north eide of Lincoln will be rezoned commercially and pointed out there is a study currently beinq underteken of the north aide of Linc~ln. ACTION: Commissioner 1Cing offered a motit~, seconded by Coatnissioner Bouas and MOTION CARRIED, th~t the Anaheim City ~lannlnq Commiseion has reviewed the proposal to construc~ a two-story commercial buildinq with waiver of maximum stzuctural heiqht ~n a rectanqularly-shaped parcel of land consietinq of approximately 9231 square feet, havinq a frontaqe of approximately 62 feet on the north side of Lincoln Avenue nnd further descrihed as 316y W. Lincoln Avenuet end doea hereby approve the Negative Declaration fsom the requirement to prepare an envirotuaental impact report on the baeie th~t there ~rould be no siqnificant individual or cumulative adve•rse environenental imgact due to the approval of this Neqative Declaration since the Anaheim Gtneral Plan deaiqnatea the subject property~ fox low deneity rosidential land uses commensurate with the p.roposalt that no sensitive environmental. impacts are involved in the proposals that the Initidl Study submitted by the petitioner indicatee no si.gnificant individual or cumulative adverse environmental i~nctet and that the Negative Declaration aubstantiatinq the foreqoing findings is on file in the City of Anaheim Planninq Depart.n-ent. ~r' ~'. .~ ~ MxNUT1!$, A1~111}lLIM CZ7.'Y PL11NN1NC COMY+lI~J3ION, 1-uqust 9, 198Z 82-429 Comn-isa~oner Kinq o!l~x~d Re~olution No. PC82-154 a~nd moved !or it~ pns~aqe en!! ndoption that the 1-naheim City plenning Commia~ion doas hereby qrant Varienca No. 32H6 on the ba~ia of the eixe, 1xaLion and aurroundinge of subject property and that the property on the north sida o! Lincoln Avonue would not be desirable !or residsntial ueae becauee o! tha hesvy trsl~ic end tha~ cammercial would be the higheat end t~est use for the lots and subject to Interd~-partmental Committeo rec~mmendatians. On roll oall, the fareqoinq resolution was pneeod by the tollowing vote: AYEBt HOUAS, BUSHORE~ FRY, HERHBT, KING, LJl CI.AIRE, MC BURNEY NOEB: NONE ASSENT: NONL~ Jeck Whita, Asaintant C~ty Attorney, preeented the written riqht to appeal the Plenning Conuniesion's decieion within 22 de~ye to the City Council. C~mmiesioner Herbst statad oince thia property i.e zoned for commercial usea, nny uae permitte8 in that zone could qo in without cominq before the Plenning Conm-isaion end thie appeera to be a much lees intenee use. Commieaioner King pointe~ aut hc thought this would ent-ance the neighbor's prop9rty. ITEM N0. 7: EIR CATEGO~iICAL EXEMp'I'ION-CLASS 11 PU$LIC HEARING. OWNERs SHELL OIL COMPANYr 511 North B!'ookhurst Street, Annheim, CA 92803. AGENT: D. LINDSAY 6 J.B. BIRD, 511 North Brookhuret Street, Anaheim, CA 92803. Property deecribed ns an irregularly-shaped parcel of land consisting of appr.oximately 0.35 acre located at the nnrthweet corner of Ball Road anc] Harbor Boulevard, 601 West Ball Road (Shell Service Station). Weivers of maximum number of freeatandinq aiqne and minimum distance between freeatanding eigna to retnin two canopy siqna. There wan no one indicatinq their presence in opposition to eubject request and althouqh the ataff report to tha Planning Commiseion was not read at the public henrinc~, it is referred to and made n part of the minutes• Decoeta Lindesy, representing Shell 011 Company, owner, stated theae aiqns ahow "self-serve and open 24-houre" end that they would consider them to be directi~nal/informational type signs. He added they did not realize theae would be conaidered free~tanding signe aince thay are attached to the cenopy and during construction they were under the impression the siqne could be installed. THE PUSLIC HEARING W1~.S CLOl3ED. Comoaisaioner McBurney pointed out there are otl~er aimilar signs in that saune area and he did not *_hink theee eiqnB aze in contlict with whet is exiating and aleo felt they would be helpful to the cuetomera. ~` ~~ MiNUTEB, J-N11Fi3IM CITY PI.~INNING COWMISSION, l~uqust 9, 19HT 82-430 Commis~ionsr H~rbet ~t~ted h• has a probl~a- with the vrording o! the r~qiie~t "to permit tw~o lrs~etandinq ~igns" becau~e wh~n othar pstf.tionars rasRarch Planning recordn, th~y would b~ ebla to oay that thes• trs~standinq eiqna were permitted +~nd aven though the Conani~rion i~ not supposed to oet prseedent, o~har ~:.tition~rs uoa th~ea as exaa-ples. Ne st~ted in hi.s opinion this ia not a lre~~tandinq siqn. Annilca Sa~ntalahti, Assietent Director for Zoning, eteted coda doPines e wall eiqn end a roo! cign and i! the sign propoeed doee not me~t o.~s of thapa ariLerin, it ie coneidcrad e freastAnding Aign end thet a canopy i• not coneidered a building. Bhe atetc~d if the Planning Conuni~sion qrants the requeat on the haei• that it ie ettechsd to thie type etructure, then there ~ill be no prohlem wit~i fu*ure requesta without the eeme circumntancee. Commieaioner I,a Claire eteted she wnuld connider those diract,onel type siqns. It wee nnt~d ~he Plenniny Director or hie euthorized re~reaentotive hee deter.tnined thet the propoeed project fells within the detinition of Cateqorical Examptions, Cleee 11, rsa defined in the State Environme~tal Itnpect Report Guidelinea end is, therefore, categorically exempt from the requirement to prepare nn EIR. ACTION: Commisai~ner McHurney o~fered Reaolution No. PC82-155 and movad tor its peeeaqe end adoption ~hat the Anahei.m City Plnnning Commis~ton does hereby qrant Veriance No. 3282 on the basin that i.t te Planni,~g Cortaniepion'e opinian that theae are not t.aeetandinq aignA end are dfrectional an~ informati~nt-1 type siqna attdche9 to a c~nopy, rather then n wall and subject to Tnterdepartmental Commi.ttee recommendatians. On roll call, the foregoing resolution was passed by the fo~lowing vote: AYESs SOUAS, UUSHOftE, FRY, HL~RBST, KING, I..A CLl-IRE, MC BURNEY NOEB: NONE ABSENT: NON~ ITEM NO. 9: EIR NECATIVE DECLARA'PION, RECLASSIFICATI7N NO. 82-83-2 AND VARIIINCE N0. 3283 PUHLIC HEARING. OWNER: PABLO V. ANlD LAU1tA KNOWLTCIN DOMINGUEZ, 1523 E. 3anta Ana Street, Ar:aheim, CA 92605. AGENT: D. LINDSAY & J.B. BIRD, 511 Ncrth Brookhuret Street, Anaheic~, CA 92803. Property descri.bed as a rectengulnXly-shaped parcel of lend coneiating of approximately 0.5 acre located at the eoutheast corner of Ball Rioed and State Calleqe Boulevard, 1200 S. 8tate Colleqe Bo~~levard (Shell 3ervice 3tation). Reclassification requget: RS-A-43~000 to CI. Zone. Vbrience requegt: W~ivers of mnximum number ~f freestendinq eiqns and minimum distance between freeetandir.q aiqns to permit two canopy pigns. There was no one indicatir~q their preeence in oppc~eition to ~ubject request and although the etaff report to the Planninq Coa~mieaion was not xead at the public hearinq, it is referred to and made a part of the minutes. i MINUTB6• 11N11H3IM CITY PL~INNING CONrlIS6IOiN, 1luqust 9, 1982 82-431 Decost• Lindsny, r~pr~i~ntinq 8he11 011 Canpany, ~xplainad thie is a similer requs~t to th~ previoua hearing. THE pUSLIC ttRARING W7-8 CLOS$D. 1-CTION: Coamaisaioner McHurney otlerad a motion, eeconded by Coaunie,lot;er 8ouas end MOTION C1IRRIEU, thet the llnaheim City Planning Conm-istion hae reviswed tha propo.el to reclseeify sub jeat property lrom the R8-A-43 , 000 (Rssidentisl, Aqr:cultural ) Znne to th$ CL (c:omraercial, I.icnited) Zono to parmit two canopy aiqns with waivers o! maximwn number o! lreertnnding eiqne and minimum clistance batween lreeatnnding siqns on a rectnngularly-eheped parc~l af land consieting o! epproximetel.y 0.50 ecre lccated at the southeaet corner of Ba11 Road dnd State College Boulev+~rd and lurther deecribed ea 1200 SouL•h 3tate Colleqe Boulevard (Shell Se rvice Station)t nnd daea hereby approve the Neqative Oeclaration from the requi rement to prepare an environmental impact report on the bdaia that there would be no a3gnilicant individual or cumulative adverse environmental impact due ta the approval of thie Neqetive Declnrestion aince the Maheim Generel P len desiqnatee the oubject property for ganeral caenmerciel land uaes commensurete with t~e propc~aalt thet no senaitive envirunmental impacte are involved in the propoealt thet Che Ini:.ial Study eubmitt~d by the petitioner indicatea no siqnific~nt individual or cumulative adverse environmenta i impacts ~ ancl that the Neqat.ive Osclerat.ton substantiatinq the foregoing findinqe i s on tile in the City of Maheim Planni~ng Department. Cotatniasioner McBurney offered Resolution No. PC82-157 and moved far its peesage nnd adoption that the Aneheitn C ity Plenninq Comntissian doe~ h~reby ,qrant Variance No. 3283 on the basie that !.t is Planr,inq Coaanission's opinion that theae are not freest•ending eigns and are direct.'.onel%informatf.onal signa attached to a canopy and eubj~ct to interdepartmental Cortanittec recommendet'_one. On roll call, the F~regoing resolutic+n wes pxsse+~ by the following vo*_e: AYES: BOUAS, BUSHORE, FRY, HERBST, KING, LA CI.)1IRE, MC BURNEY NOES: NONE ABEENT: NONE MINUTEB, ANAHEIM CITY PLIINNINti COMMI88ION, Auguet 9, 1982 82-432 ITEM • ~ • 9 ~~ REPOAT5 AND R1lCOMMENDIITZONS Th• tollowinq Reporte and Reaommendntion etelF reparte were preaented but noL reed: A. CONAITZONAL U8E PERMIT NO. 1831 - Re!queet by Dave Pulver, owner o! Mr. Bare Un!`.iniahed Furniture tor temporery dieplay of flegs, ba nnera end orher epecial evcnte on property locateci ~n thA nouth si.cte o! Le Palma Avenue bptweon White Star r-venue and Armando Straet. Annika Santalahti, A esietant Director l~or ~oning, ~+xpleined requests come up oc casionnlly to diaplay tlaqs and bannera or conduct epeciel evente whore cc-nunerciel uses have been atlowed in thF indu strial r.one under a conditional ues por.mit, paXticular 1 y when the permit allowa a number of usea. She exi lained apecial. evants are not permitted in the industrial zone . 3he st.ated tho Plenninq Commiaeion .:an rer,ommend thnt thp code be ar,iended ~o allow apeciel events when a cond i ti~nel uee permit hea been approved, or recoaanend that the original approval ot the permit be interpreted to pera-it such eventa and the diFplny of Elaqs and benner, or recoaimend that the code not b~ amended and that the original permit does not pernit such activiti.eg. Crnnmissioner [ierbs t stated he has always been opp~eed to this type use in th e induetrial zone, but as lonq ae Counc:il has seen ~ i t to allow theee commercial usea, the petitioners should T~e entitled to the oame privileqeR 39 uther coaunercial activitiea in the city, end that the spe~iel eventa shou ld only be permitted twice a yenr. Jnck White, Assi.stant City Attorney, stated if that ~, the conaenaus of the Cammission, e code amendment should be recommended to City Council. Commissioner Sushore stated he felt that would be ~~oing ngninst everything the Commi~ssion is tryinq to acc~mplish and if the Council wants to approve these uses, this decision sh~uld a 1 so be theirs. He aqreed with Commissioner Herbst thet thie is not a qood locdtion for this type u~e and f elt now the buainesses are finding they made a mietake locstinq their business here becauae of accese, etc. and w~nt to correct that c~.istake and are askinq the city to help them. Commissioner I,a Claire stated she is not as concerned about the areas designated by Council for coamtercial uaee, but ie concer~-ed ebout the illeqal coa~aercial uaers in the industrial zone who would expect the riqht to display flnc~a and t~nners and that would d: ~couraqe induatry from wantfng to locate in Anahe im'e .industriAl area. ~.~ Mltd~'PaB, AN~-H1~IM CITX P1~ANt~tNa COMMI88ION~ August 9, 198Z 87-433 Conuaiesioner Herbgt explained hi• thouqht wae that the Counail has ellowed thaas conm-arcial uee~ and they should be granted tha eame privilsgos ao the other connn~rcial usee in th. city, but agraod thi.s could heve a detrimental a!l~ot on the induatrial area. Coarniseioner Auehore ~ointed out it would be di!licu2t !or the Code Entorcament Of ticer to determina which c~nes were legal. Cocamissioner La Claire suqqeated C~mm-iReion recom~nend that Ceuncil dany thie request~ Jack White suqgeated deniel of thfs pdrtiouler rectueat, giving tha petitioner th~ ~ption of gureuing the requeat. Annike Santalahti stated Ahe lied expleined the procedurs to the property owner and the c~de could actually be amended, or the reaolutian could be modilied lollowing a public hearing bePore the cicr Cou~cil, or an interFretation could be made that the ectivity meets the intent of. the nriginal epproval. AC ON: Comm~ssioner La Gl.eire affereci a mntion, sacnnded by lommC iaei~ne,r King and MOTION CARRIED thst the Maheim City Planninq Commiesion does liereby recommend to the City Council that the request for tamporary dieplay of flegs and bannera and other apecial eventa for conanercial husinesa in the industriel zone ba denied on the besis that thir+ would be detrimental to the integrity ~f the induetrial zone and could discournqe othor industries lrom wentinq to locate in Aneheim. A. CONDITIONAL US~ PEIiMIT N0. 1171 - Requeet from Aurnra Kerley, Sonfarrel, Inc., for termination of Conditional Use Permit No, 1171 for property located on the north Bide of Miralome+ Avenue, ap~roximately 705 feet eeat. of til~e centerline of Red Gwn Street. ACTION: Commiasioner Rinq offered Reeolution No. PC82-158 anrdinoved for its passage and adoption that the Anaheim City Plenning Comtnission does tera-inate Conditional Use Perutit No. 1171. On roll cell, the forego'. nq resolution wae passed by the follo~ring vote: AYE3: BOUAS, BUSHORE, FRY, HEItBST, KING, LA CLAIRE, McBURNEY NOESt NONE pig8Et3T : NONE ~.. ~ MINUTEB, 1-N1IHSIM CITY PIJINNING COMMI88IUN, A~~qust 9, 1982 82- ~34 C. RRCI.1-88tFTCATION NO. 80-81-1 - RecTUeac From Surrel D. Magnusaon, B~y Development Corpor3tion for en exteneion o! time tor property loceted et the eouthwast coxner o! Lineoln Avenue and Rio Vistn 3treet. ACTIONs Codanisaioner King oPfexed a motion, seaanded by Co! mmieeioner Bouae and MOTION CARRIED, that the Anaheim City Plnnning Coaaniesi~n does hereby qrant a retra;~~~tive ona-year exteneion of time for Reclassificetien Nn. 80-81-1, to expire on July 28, 1.983. n. ruCLA98IFICATiON N0. 80-81•6 - Requeet from I.eoncio T. Laurel for an extension of time f.or property tacated at 15'5-1595 W. Katella A ~nue. ACTION: Commiasioner King offered e m~tion, srconded l~y Comm si aioner Bouae end MOTION CARRIEd, that the Andheim City Planning Commi.s~ion does herebf grent a ~ne-year ~3xtension of time for Reclaseification No. 80-81-6, tc~ axpire on Auqust 25, 1983. E. TEN'TATIVE MAP OF TRI~CT NO'S 109d3 and 10984 - Request from ~enneth Glendt. Kent Land Company for an exteneion of timQ for property (TT10983) lor,ated et the s~~~uthee-st carnQr of 3enta Ane Canyon Road snd Weir Canyon Road and (TT10984) located approximately 720 feet south nf the centerli.ne of Santn Ana Canyon Rond, with approximate frantaqe of 46U feet on th~ eatt side of Weir .;enyon Road. ACTION: c'ommiartioner Kinq offered a motion, aeconded hy Commissi~ner Bouas end MOTI0IN ~ARRIED, that the ~neheim City Planning Commission does hereby grent one-year extensione of time for Tentative Mep of Tr.dct Noa. 10983 and 10984, to expire on September 23, 1983. F. COAL CAtdYON SHOOTING SPORTS CENTER - Joel Fick, Aasiatant. pirector for Planning, presented a memorandwn for Commission'e information pertaining to Orange Co~~.nty Environmental Management Agsncy's proparation of a Draft FIR for the propoeed development of a ehooting ~pc~rts center on approximately 400 acres of a 1600-acre site in Coal Canyon aauth of the Rivers.de Freeway• He explained the County will hald a hearing on the proposal on Monday, Auqust 16, 1982, and pressnted a letter ataff proposes to forward addressing collective City of Anaheim Tnterdeparta-ental Comments peiteiti;ing ta the General Plan and circulation aince the proposal deletes Senta Ana Car,yon Roed 1n the project area and elicnt~nates Coal Canyon Road on the sitP. ~ ~' . ~ .,,,~ ..~ MINtI"~1~8, 1~?iAH1CIM CITY p2.11Nt~lINCi COMMI8820N, 1luquet 9, 198Z 82- 435 7~CTi0N: Coaaii~eioner Ls Clairo afle~ed e motion, aACOndsd ..+.~ by Comaii~eioner Nerbet ann M~TION CAItRIBD, that the Anahaim City Planninq Commission ha~ reviewed Lh~ project deacribsd in Che Orelt Environnwntal Impa~ct Report tcr th~ Coel Cdayon Shootinc~ 8porta Center. Th• Planninq Commiusion recoqnises that approval o! tha propo~ad land usa in th• County o! Orange would neassaitate a luture amendment to t'~e t~nd Use nnd Ciraulatic,n El.manto to tha Anaheim General Flan. WhilA the Coaaniaoian i~ no~. opposed to the propo~ed land uss and endoreee projecta whiah etimulate qrowth in the touriak and recr~ational areas, the Commission ie concerned that the building locetiona nnd orientations currently contemplated preclude the eabterly extaneiona o! 8enta Ana Canyon Roed and Monte Vista Road, as w::ll as the eoutherly extenaion o! Coal Canyon Road, thereby potentially impeding developnent ot eurroundinq propertiee such na ti~e Irvir.e Company and prohibitinq them ~ran acceaeinq the Coel Cenyon Interchange. Ae a reault, the impect o~ theee roedway deletiona on land use plnnninq !or surrounding p.roperties ehould be evaluated in detdil in the Draft EIR. RECE33: 4:06 p.m. RECONVENE: 7s00 p.m. Hrookhurat Community Center MINtJT~B, J1N~HEiM CiTY PL7WNItaG Cc7MIMi88iON, Auyuat S, .1982 82-436 BPSCIAL MBE~I'ING 0: '!'t1E ANAHEIM CITY P1.11NNING COMMI88ION PR88ENT Chairmen: Fry Coa~mieaionerei Bouae, Buahore, Harbst, Kinq, 1,n CtAir.e, McBurney TASK FORCE MEMBER3 PREBENT: Glenn Irving, Juhn Dailey, Pst Kieh, Peul Baetwick AL30 PRE3ENT Ron Thum~~AOn Annikn S.~nte~lehti Jnck White Ralph Compton Dnan Sh~~rer Edith Hazris Plenninq Direct~r Aaeiatent Director f~r Zoning Asoiatent Ci.ty Att~rney Ass~ciete Plenner Aasociate Plenner Planning Coaimiseion Secretary Chairmen Fry expleined the Mobilehc~me Te~nk Force Committee srr,nt meny lonq, tedioue meetinge preparing this proponed ordinance nnd t-:dt he underatends thero was r~ unanimoua agreement of the Task Force mP!~.bers on this ordinence. Ke expressed Planninq Commiaei~n's thnnka to thP `faek F~rce for their work. He atated this ordine>>c~ will not provide anawers to all thinge, to al~. people, but it is a qood start r~nd it ie good es far as it has qone. Chai.rman iiushore a' the Mobilehom~ Tesk Force c:ommitteo, idantified the membere of the Task Force an~t bzisfly reviewed the Task Force directiona fron City Council to develnp a zoning ordinance !or mobilPhome perka, identify dpecific mobilohome perka which are potential convereions to other land uses, and provide recommendatione for shelter mobilehome parks in terma of identifyinq potential eites and recommendinq reloc3tior~ stsndards. He explained the Tesk Force met fourteen times and hed e tour through nine of Anaheim'e mobilehomg p+~rks. He stated afker the tour tnc Task Force decided it would be presumptious to suqqeet or xecommend thet any apecific mobilehome park h~ identified for canvereion. Commiasioner Huahore peraonally r.h~nked all membere who served on the Committee and those who gave th~ir input either by ph~ne or attendinq +«h~ meetings. Eie stated they did make A valid ePfort to coneidex all the needs of the pa.rk ownere and of the mobilehome or coech owners. Jack White, Assis~nnt City Attorney, explainad the term "overlay zone" and briefly hiqhlighted the propcased ordinance, which if adopted, would create a mobilehome park overlay (MHP) Zonet that it creates ~he ~one to which these propertiee ca.n be rezoned, roquirinq a sepnzexe aet of public hearings and appr~val by the City Council en~ Planninq Commission and ~hat everyone involve~ in these properties, wauld be notifiedt that once the pr.~pertiea ere rezoned tc. the MHP Zone, uses permitted would ?~e mobilehome parks or mobilehome park eubdivisions, together with certain accessory usea thet ere incidentnl to the mobilehome park, listed on Page 3. He eL•ated thls ordinance would further pernGit the rezoning of property from the MHP Zane only if one of the findinqa of fact wea made as stated on Paa• 6 0! the or9lnance and that would epply tn any lend upon which there was a~xietinq mobilehame park or where a mobi;ehome park had existed for tao years previoue to the application !'or the rezoning. He e~ated ~rio to the change of uae for any existin4 ~.. .~ MINUTBS, ANIIHEIM CITY PLJINNING COMMI88ION~ 1-uqutt 9, 1982 82-437 atobilehor, park, even it it is not rezonsd, ~he mobilmhome perk owner would have ta lile with the City o! ~-nnheim a Gonversion Impact Report ae eet lorth oi~ Pege 4, a! the ardinence end e copy of thd report woul~ have to be made evailnble ta each rasident !ilteen (15) dsye prior tc+ the public hear.inq nnd that publia hearing would be open !or coaanenta by all the mobllehome park ownere nnd ell re~idents. Jack White brietly reviewed the ralocation be~n~fite ae eet lorth o~ Paa 4 end 5 of Lhe ordinance. He stated it is overwhelming to him to sde the n~~:.-ber of people attendinc~ thie meetinq, which doea show there is e areet dee-1 oP intereat in thia issue. He explained the purpose of toniqht's meet ng ie For the Plannins~ Commission to make e recommende-tion to the City Coun~~lt and prior to thie ordinance beinq edopted, it will have to g~ to the :ity Council for e public hearinq, nnd everyone he.re will ha~e had an opport~::~ity to digeat the entire ordinence before thet henrinq. Mobilehome Taek F~rce member, John bailey, thanked the City Council for appointing him to aerve on Chis Task Force. He atated they did work h~rd for several weeka and had a very good leader in Jerry Buahore and atated he enjoyod the work end t~oped to continue ta serve on the Taek ~'orr;e. Glenn Irving, Mobilehome Task Foice memher, atated he aqreed Jerry Buehore wds an even-handed dn.1 fine Tnak Force Cheirman and he felt bAtween the park residents and the membera of the Plannir.q Co~niseion, they did come up with a fair ardinence and it is a etep in the riqht directi~n and protects the park owners and the park r.esidente and he felt it ahould be adopted ae it etands. Pat Kish etated ahe thorouyhly enjoyed working on the Taek Forcei that the meetinqs werp open to the public and they did seek input from everyonef that they did have oppoaition f.rom the park ownera but ehe thaught they did overc4me that opposition and the reault is the propoeed ordinance. She etated everything wae takon inta consideration, incLudinq the coach ownsr's investment end the land owner•s invrstment. She stated they did come up with the benefite which they thouqht were quite importan~ whRn a par k is being eliminated because they felt. it ~ra~ important L•het everyone would be cc~mpenaeted Peirly. She a~ded ehe hoped ever;ane would re~+~' the ordinance and agree with the Task Fcrce and turn out again when the public hearing ie h$ld before the City Council. She auqqested pveryo~e present should enc~uragE~ their neiqhbors to also ettend becauae it shows they are interested in thQ issLe. eill Vol •r, 1400 S. S~xnkiat, l136, Anaheim, steted he read the proposed. ordinance over tne G ek~nd and re~alizes the tremendous amount of wor~. tnat 9taff nnd the commiCte,e has done. Chairnien Fry read the follc~winq letter Mr. Vallmer had prepered: "Your propoeed xoning amendment affectinq mobilehome owners is a goc~d etart but does not affect the crux of the cn~tter. You have not added one lot in the city zoned excliiaively for mobilehomes. Your propoeed t+giP Overlay (a temporary zone), is designed to, over n pariod of ysars, a~ove us out of Anaheim and out of Oranqs County into a different climate and cultural zone. ~ MINUTRS, 11NAHSIM CITY PI.AN''~SNCi COMMIB$ION, August 9, 1982 82-438 Ws don't wieh to live in the low c~esert or the high dea~rt or in Kern County (sll wi~hin the 125 cnile ~ndiut in th~ ordinance). We do nnt wiah to loee the cultural opportunita~• we h~ve in residing in 7~na~heim euch ea the 3tadiua- and the Conventio-~ Center and the line reeteurante and Dianeyland. As I•aid in my liret par~qraph, you heva mede e stert but you ehould reline the propoued ordinance by not ki~kinq your people out o! town. You ehould pass your MNP O•~erlay with e ten-yeaz freeze on any removal of euch overlays. Your next n~ep sho~ild be to ravtde the Zaninq Mnstez Plen to provide ereee within the city limita for percnanent MHP Zoninq euflicient to absorb ell the residente of thoso parks chet thc~ Conanieelon in ita atudies indicate will be .~kinq for uee chanres in the next decade. Very truly yonrs, (signAd) iPm. A. Vollmer" Dale 8mith, SO1 F. nranqeLhorpe Avenue, 45 Fir,thanked the Coc..nitteQ for their herd work end paticnae e~id etated he thought tt-e Planning Staff for the City eP Aneheim wes tho best in Orange Co~nty. He statdd qenerally this ordinance ie n good thinq and a etep in the riqht dfrection and t~qreed with Chairr,-nn Fry that it ie not e pana.cea. tie nsked if it would take e request from an owner to qet this nverley zane changed,just the sa~ne as for any other zone chanq~s (Jesck White repli~r~ that is exactly c~~~ rcrct ). Mr. Smith referred to Paqe 10 oF the ordinance, Secti~n .0404 which ststeg "n~thing conte.ined herei.n ehall be deemed to pre-.;lude any mobilehome awner e-nd mobilehome park owner trom mutually aqreeinq upon different henefits in lieu ot the beneflta otherwiae required to be paid tc~ such mobilehome owner by this aection", and asked it that meane it can be worked either way. Jack White explainpd if both parties mutually agreed to anything, that would be agreenble. He ateted the ordinance fe not tryinq to stop both sides from qetting togather to work out a deel. Nr. Smith asked if a mobilehome ie too old to be moved to another mobilehQme park, would the owner of *he park atill be required to pay the c~ovinq costs. Mr. White replied they would have to pay the coete anyway. Mr. Smith stnted h~ aqreed that peopl.~ ahould not be raising falae ~~~pea and he aqreed that there is ~lenty of time to revie~ the ordinnnce before the City Council heerings, but he wnnted to say that for a retired person living below the proverty level, juat e little bit of hope ia better than none at all. He etated e majority of the a~obilehome owners, do not want a hand-out but they want a hand and he thouqht this ordinanc~ iB a atep in the riqht dir.ection and that it cAri be cnorally justif.ied, even thvuqh there arp dcxne radical ~ROple who eay it cennot be juetitied. Ne etated if the City of Anaheim decided to put a street throuqh e park and move aut all the mobilehort«s, they would havs to completely compensate the people who live there and the owner of the park end thut thia ordinnnce doesn't do t.nnt, but it doee easc the burc3en. He stated he thouqht it ia a ~eal qood ordinance and he will be at the City Council rearinq. ~r #.. ` ~~ MrNU..r'S, 11N1WSIM CITY PLIINNING CafM1I8820N, August 9, 1982 82-439 Jeck Whita axplained the ovsrlay sone i~ ee p~rmAnent as eny type zoning in tha City o! Anaheim and once it ia appli~~+, that pxoperty can only be used !nr e mobilehame ~rk or a n-obilehome park aubdivieion indalinitaly and tha only thing the-t can reaiove that is a lull blown reaoninq o! the property and lrom e leqA1 standpoint that is all the City can do. Patricin Hurley, 300 W. 1Ce~te11.., 3paue 40, Riveria Mobilehome Park, ata~ed she is epeaking for the workinq people who livn in mubilehome perk$t thst ehe worke in Buena Park end if ehe wds moved 1Z5 miles nway, ehe could not koep har job and she could not tind another job because she is tu~ young to be coneidar~d e eenior citizen end too old to find a job. She neked thet the w~rking people be taken into coneideratior-. Pat Kish explained the workinq people were diecueaed c5uring the Taek Force meetingi and thnt an attorney hna sugqeated n 500-ntile radius end aftar much d~•r.uaeion, the Tesk Force reeched a cans4neus thet the 125 miles i~s moro realistic~ however, thal doein't mean a person would be moved 125 milea and it juet mc-ana the area would be larqer to se~k relc~cet:on. Commissianer Le Claire mtated when thQ Taok Force telked about the 17.5-mile radius, it waa their coneensus that some people would want to move to pleces like Santa AazUare, San Dieqo, etc. anc~ the Tae~k Forc~_ did not want to limit that radiua becauae thA 125 miles would make more pe~~ple happy anQ that no one hae to move 125 miles nway. Commissioner Euahare stated the Tesk Force is attll xeekinq public input and ideas that can be incorpornted inCo the ordinan~:e that will aolve specific problems. Jack ~lhitie stated th~ Plenning Commisaion recommendation cr-n be that the City Council adopt th!.s ordinence in ite entirety, or with modific•tione, or e~~en to zeject it. ~7acY, White stated the 125-mile rA~ ue has nothinq to do witt~ where they mave to and they may move anywhere ~ y wentr that the 125-mile fiqure has to do with determininq the relocati~ c~sta or benefite to be paid after determining the avernge oomparable mobilehome park u~on which the benefite will be bnsedt fo: example thr~e parks, one 50 milec~ nwey, one 75 milea away and ~ne 100 miles acray could be used and thc~ benofita to }~e paid for ccsts suct~ a$ a profesaional van to mo.~ the coech atc. would be calculated on the average of. the 50, 75 and 100 miles and that doss not have anythinq to d~ with where th~ pereon decides to ~nove. Nancy flni~ey, '300 W. Katella (Riverie), asked where these gpaces are located, indicating there are no epaces nvailable in Orenqo c'ounty or any closer than Hen-et. 8he atated if the coach ia too old to move, the money to move i*. would r.~t do any qood. Cerl Shoiey, ,Riveria, stated the 125.mile radiua aeema to be a bi~ thorn in ever.yone's sldet t.hat th~y da not want to leave Anahefm becauae tiiey have a lot of benefits and ~~-ey have worked hard fur Anaheim and epent their money in Anaheim and want to ~tay iri Anaheim and do not want to move eren 50 atilea away. He stnted eome tenente are workinq people and the expenee of driving that far to work eve:yday would be hiqh and tho eaajority of the resideats ~ J ~ MINUT88, AN1WffiIM CITY PLl~NNING COMMISBION, Augue* 9, 198:. 82-440 could not aftord to move eny glece elsa. He et+sCed hs doee not understancl thie 1Z5.taile radiue. Hb added some o! thas• p~ople nre 85 ysers old or older nnd referred to one couple 90 years old who moved to Phoenix becauee they were being harasAed but they ere unheppy there end went to move beck. Mr. 8horey rsferred to Paqe 5, 8ubsection .04Q3 which indicetea Chat up to lOt o~ the mobilehome ownera ehell ~e eliqible to receive 100~ of the eatimeted improveenent coet to rAlocate, end in th41r park thr~t would mean 14 or 16 pe~ple rnd he kncw of pi~obebly 7.5 people in their park who could not e!lord to pay any of the cuets and aeked h~w i:he 10• would be choser-. He atated requiring e+ t~nenrial etatempnt would be aasy because all they would have to do ie put a"zero" ~~n a piece of paper beceuae they do not heve anythinq but the mabil.ehome thoy live in. Concerning ~he ~verlny, Mr. 3horey clerifieA that no ct~nngee or convereions cen bes approved untit e~ttsr thia ordindnce ia ado~ted. He steted their perk ie gettinq ru~i down and they ere peying the snme rent and are not qettinq the benefita thF; aro paying foi. He edded he personally beli.eves ~hat the Ci.ty of Anaheim Hhc~uld do somethinq ab!,ut theee p:rke thet nre beinq let go and someonP w~~u toured the parks beto:e, ahould t~ur ~hem aqain to see how they ere goii~g downhill. He stnted thia is ti~~ir. way of livinq and this is the way they want to live and they cannot efford t~ buy a house. Mr. Shorey referred to Paqe 4 which indicat~s the Conversion Impect Report shal~ ir.clude an est:.mate as to the coat to reloct+te t~ach mobilehome to an averaqe com~arable mobilehome park (coat to relocato means disessembly and rA-•essembly including inst:+~lati~n of awninqs, akirting, porchee, atoraqe atructures end other amer iea required by an average comparable park) and t.ran~portation coets as :~in provided. He explained hia double-wide coach i^ actually located in a ainqle-wide apace because the manaqer, at the time, want3d to keep him at che park nnd agreed to locate the coach i.n this 8pgC81 n~wever, he doea not have a cerport becduse there ie no room for e cerport and axked if he would be gnid for a cgrport, if a carpart ~ns required in the new park to which he ~rould be relocuted. Commisaioner Bushore clarified that ~ip to 80! of the improvement COBtiB would be paid fnr, per this ordinance. Jack White Lriefly explained the section of the ordinance relating to the Convereion Impact 'teport and the relocation bPnsfits, clarifying for Mr. 3horef that 80~ of ths improvement costs would be paid by the mobilehome park owner. Mr. 3hozey stated it would make everythir,u much simpler to let them atay in the mobil~~home parke and leave them alone. P~~~1 Kotch, 23a0 S. Lewis, (Ponder.osa), asked if the adoption oE this ordinancQ autometically puts ~sll the mobilehome parke now in Anaheim in this zone and asked what would be the outcome if the park owner did not want his property rezoned to thia MHP 2one. ,~' g ~ ~ MINUT$8, A~1tt8IM CITY PLANNING COMMI88ION, Auquot 9• 1982 82-441 Jack White ~xplainod this ie v two-atop procedure and the ~firet etep ia to edopt ~he or8inance~ and ttie saaand atep is to rrsona existinq mobilahane perks, eith~r all or eome to thie new zonm and thet thet would require n separete public hearing and thet request could ba initietbd by the City or the park owners. John Lnviolette, 5815 E. Ls Palma (Friendl}~ Villega), etated he eupporta the other commente that have been me~det thAt they leel the ordinence ie n atep in the ri~ht di.reotion~ that they do tnke exception ta the 125•mile radiue~ that it is acceptable !or eeteblishing averagee but thinking oF the working people and the reeaone people have locate9 in Anahefm, he thought ~he actual move to an nccaptable park should be within n 25-r.,ile rediue and not 125 miles. Chairntan Fry eteted if a 25-miie limit was astablished, then anyone wantinq to moti~ to Nemet or eamo placo further thnn 25 milee would be precluded lrom receivinq any benafits. He explained thia limit is to eetablish a maximum dietance and rdnqe to wc~rk within• Mr. Lr~violette atated a spece in tiemet would not be acceptable to him or to the taajority o! the people in their perk. He etated if he wanted t~ movA to Heme!c, it his gark was converted, he would feel the 25-mile limit ie fnir and woul.d be happy to pay the diffcrence. He auqgeated the word "estimnted" on Sec'cione .OA01 and .0402 be changed to "actual" and that the "80e" referred to ~n Section .OA03 b~e chnnged to read "1QOt" becnuae the park owner ia th~ one maki~lg the financiel gain and thg coacl~ owner al~ould not be subjected to nny cc,~l.. Ella Jane Shorey, 300 W. Kstella tTtiverie), asked if tha overlay zone ia for nll mobilehome pnrks in Anaheim and if tiot, why not? Jack White explained this zone, i~ adopted, would 'becocne a zone ot the Cit}• juet like any other zone. The aecond step would be t~ rezone particular ~arcele of land and there would be xnoth~r eet of public hearings belore the Planning Commisaion and City Council nnd this meeting toniqht is not to talk about individual park rezoning, but to adopt the ordinance, which is the mechuniem to qet it on the booke so the properties cnn 2>e subsequently rezaned. Ms. Shorey stnt9d ahe ia ~oncerned that aome individual parks, such ae the Riveris and other parke, aould somehaw qet out of beinq rezan~ed to this MHP Zone. Jack White stated it will be the s~~bject of eeparete public hearings and the residents ~f each park and the owner ~f each park will have ample opportunity to ^ay why the park should or ei~ould not be placed in that particular zone and he thought that it is probably the beat reason to aeparate the adopti.on of the ordinance that creatas the benefits and the mechaniam frcm the actual rezoning procesa. He atated regardless of whather the propexty ia placed in this overlny zone, in order to chnnge the use of an existing mobilehom~ park or the property upon which a Mobilehome gnrk was exietinq within 2 yeara~ residants of that park would be entitled tc+ all the relocation benefits just as if they were in that zone. `1r~' 't~,s' °" MINTJ'I'ES~ ]1N11HSIM CITY PLANNINC COMMI39tON, Auguat 9, 1982 82-442 Me. Shorey eakacl eboue tha ahelter parke and ete~ted e hae never gotLen an an.war. abnut all the oahoc~te in the srea that ara va~nnt., wh~.~:h are beinq ueed !or cocna-una.ty activitiee, anc! saked i! thoae echeola were eold by the City. Conunieeioner Hushore etated L~~e City does not own t~~e echc-ole and the~y nre ovmed by the echool dietrict which is ~ separate qovernn~en~el body. Commi~sioner Ln Cleire atatdd the City ~! Anaheim did .ry to purchaoe property from the Anaheim Union School Disxrict nnd wa• outb.~d by several mill.ton dJ11arA. Kethy Wriqhta, 5815 E. i,a Palma fFriendly Vi11e~eJ, atated ahe ia n~t relocatablei that her hueband hna been dt }11.9 job for 19 yeara within the city limita and she hae been at her job for 6 yeera and they have 12 and 15 yeer old auns end there ere no famtly park spacea available and givinq her $7,000 to relocate when ehe canr~nt rQlocete would meen walkiny eway from her ~35,000 to ~40,000 invaetment. 3he ac3de~i the park owner w~uld put 2 ta 3 condominium unl.tes on that spot whers .~or coach is l~cdted and meke aeverel hundred thoueand ~9o11ars end tl~nt iwthe::s her. She etated she respects the property owner's riqht to make a reaeon+~b1A proflt on his invest.~?-ent= however, everyone eeems to have that riqht, except the mobilehom~ owner and they have invested too. She stnted she felt it should be ec~ual and if ah~ could not be reloceted, euqgested that the owner should give her a fair market price !or her coach or offer her an opportunity to huy one of the units at an affordable price and ahe did not mPan affordable at ~1,000 per month, becnuse that is not affo:dnble. Commisaioner Buahore atat.ed right rtow if the park owner dec:ided to change the uae nnd gives the tenants ~ntice, they have even l~sas however, if this ordinance is adopted, the:~_ is a atipulation thet if the park c~wner decidRs he doesn't want ko pey anything ar~ qives the State minimum ~iotice of one yea~r ard aita on the land for two yenra, he can d~ that but there has to be some incentive and the Task Farc~e has tried to do something that ie as realistic na possible to benefit a~ many people ae poasible. Ms. Wriqht stated she hes been before the City Council before when the Friendly Villaqe was trying to convert co "own your own lot" and that was to be a golden opportunity for the tPnanta, but beaause of red tape end intereat rates, that never happened. She suqgested for those people who cnnnot be relocated~ no matter what the n~ileaqe limit is, Chat they be reimhursed far the cost of the coach 100~. She atated she feels she has a riqht and the City of Ananeim Pldnninq Coauniseion and City Council has an obliqation ta see that her riqhts are protected. Glen Cramer, 2111 S. MancheBter, Spece 64, ateted in talking about mobilehome reaidents and park ownera, there ia an imaqe created that somehow the residenta are no~ ownera and he thouqht tho aqqregate investment of 90 mobilehomes and thgir coet on the market today would be similar t~~ the investment cf the land so both the land owr-era and the coach awners have inveated and the coach ownera do not wnnt to loae their investments in the same way the land awner does not want to lose his investment on the land. He referred to landmark cnees, Vancamp and ealerro, ~rherein one computates the value on the baeia of percentaqe of increaee and the other on the amount of labor and in either ca,se their investment is protected. He atated residents ~. .,.. ~~ `~ 82-d43 MINUTE9, ANAHEIM CITY PI+IINNINO COMMI$SION, l~uqust 9, 1982 at Ornnqewoed Acr~s hnve nhuwn they care ebout th~ir placee ntiid their invmetme~nt in time ehould not be lost end they should be compeneated if and when there ie e con~erAior.. H~ ateted it is not unzeaeonable ta expACt to qet their lnvestment beck• but they should nleo hav~ justitiable uee a! that money end the increa~e in thelr velue, pointing out the landowner will not be aelliny the lnnd et 20~year old prices nnd they are aaki~iq !or today'a rtarket value ~or their inveetment ~n thei: conches and they ':hink 80• would be the absolute minimum !or their increeaed coat, plua the actual coet o~ moving• Mr. Cremer stated they are a~aking for what le re;ssonable end just. He etAted whan the conunittee l~oked at a 500-mile limit, +:hey +~ew the implicdtion of aNe etudy thet would incorporete parks 500 miles away to nrrive et nn everage. ststed ~~ w~uld love a 500-mile radi.us and the.n f ind ane rark itt ^+e-nt~ Rosa thet would be compaz•able to what ie here and finding the averege for moving to Santa Roee~ but only a-ove 5 milee away bec~usa he would like to have the difference of the value in his pocket. Ha statdd the 125-mile limit is a compromise to bring the Q~reraae within reason. Judy Graham, Riveria, aqreed wit~i Mr. Cramor and atated nhe objects to the word "ben~fita" in rhe ordinance becauRe th~y are ~ot beir~g benefited in an~+ way in thls situation and pointed out some people have alr.eady left the pnrke and taken a fraction of their value becdLSe they cannot. take the intimidation by the owners. She otated she spoke to the former mayar of Anaheim about compensating the reeidenta or owners of mobilehomes wholly end he very strongly stated thac ;~e intended that that should be done and eo did Mrs. Kaywood, end ahe did not think any thinq leas could bQ accepted and thouqht the word "benefits" ahould be~ changed to "compensation" and that adequate compensation in the event any l~~~rk ia cloaad should include somett~inq for the pain, trouble and harassment they have ~een throuqh, p~inting out that aome people are livinq in deteriorated pazks dnd they ahould be compeneated on an individu8l basis. She atated some people would Ue happy to move a short diatanae if their coat waa paid, but other people have to have new roofe, atc. to move to a new park. She etated the mab~lehoc~e park owners v~ho get the estimates probably never lived in a mobilehome and doesn't know what it takes to make a mobilehome livable again and she thouqht some humane equitable aqreement has to be reached which takes the position t}~et peopla in the parks deserve the same consideration for their property rights as the park awner. She atated that ia what they a.re goinq to fight for. John Parensic, Friendly Village, stated the:'e ia talk of compensatlnq for skirts, car.ports, etc. and asked how t4 compensate f~r dignity and pride of being a senior citizen. Dee Shubel, 121 S. n4enchester, Space 89, stated she bought a new coach in 1979 and could hnve had a space anywhere because her caach was new; that after being informecl she would have to move, she took time off work ar~d ser~rchEd the area for a space and even though the salesman asaured her sh~e would have no problem findinq a apace, ahe found there was no space for a 1979 coach, but she was offered a space if she wanted to tzade her coe~ch in for a new one, at an additional cost of ~8,000 to ~10,000. She stated she cannot afford to make such an agreem~ntt that she hae worked for 27 years with the same company which is 6 milea each way from her pregent locetion and that ehe cannot afford to drive 5~ven find ~es~ace foryatZ979raoach~ a3hewatatedisheifeels sheeis, if she could e entltled to a fair rett~rn on her inveetment. 'i~ ~.. .~ MINUTES, AN~iSIM C2TY PLANNZNG COMMI88ION, ~lugust 9, 1982 82-444 Mrg. 8hubel rePerred to e n~wspeper artiala ssversl montha ~qo ebout d proF,oeed rulinc~ whereby a certain percentags ot tnobilehome perk ~paces, when they become vacant, would be made available !or :•~eale or !or people who havo to move. 8ha etated ahe hse en +~dvan~age bee~+uae ahe realisas there nxa some people who hnve coacheE ~ -h locel parke would not even consider because they are older end euqgested .,onsideretion be qiven to th^ pooeibillty that e+ certain number of epscae could become avell~able in ths parke where e peraon would not hevea to buy ~ rew mabilahome, but could move their coeah into thnt epace. She etdtAd ahe neliaved thnt no money will c~mp~aneate her i! ahe l~ae to move 50 or 100 milen from here beceuee nt her job a~d ehe thought that ehould ba cor+eidered. She ateted ehe realizee each per4on cannot be considered eolely on hie own and etated ehe appreciated the tima end elfortc o! tho poople li~.e Glenn Irving who ie trying to help end shd doee renlize t.hat the Conanisaion end Committee do went to help. Laverne Merrill, 124~ S. Aeach Doulevnrd (Tra11d End), etated thie is a smell park and most senior citizens who livo tliere d~ not heve cdra. She etnt~ed her hueband ie in a wheelchair and they heve to heve e re-mp and that a lot of the parks will not ec.cept rnmpa or enyone in wheelchairs. She steted only ~ne or two af the coachee in their perk would be aaceptable in enother park because of their ege end asked what they are auppased to du• She aeked that this situetion bg taken into coneidsration. Lorrdine Alyeon, Westwinde, atated they have 1-een put out of their pnr;c and she bought a mobilehome in oregon where hsr ~!~ilciren live an~! sold her mobilehome here which was worth ~15,000 for ~4,OOOt that she gave a thirty-day rotice and aeventeen ~jr~ya later was informed that they were noC qoing to pAy hert that ahe was already packod and ready to movet and her son was ready to came down end move her. 3he atated she tived up to her obliqation and gave the thirty-day notice and noted there are five others in the park with eimilar situetiana who heve given thei.r notices and are atill waitingt thnt one person tiave moved out end they refueed to pay him bec~iuse his 8' x 30' coach we-s not considered a mobilehome. 9he stated she had her caach sold, but the people who bouqht it backed out because they enid they could not stnnd the harasement that srie hae qone throuqh becauso they were senior citizen~ and noted ehe is almost 70 ~~ears old. She asked if having to sit here with all the boxes packed is fair and asked if that is what all th~se oth~r r.eaidents will have to go throuqh. I.ucy Miller atated she ia not cryinq today; tt~at shQ is madt thet she qave ~otice on February 27t.h thet ehe had found a hou~e and they werA aupposed to take ovcr her mortqaqe and ~ive her ~3,000 and now she has half of her things moved to the house and has paid four months rene and she is still eittinq there because of A lawsuit or something. She at.~ted ahe cannot understand becauae ehe thought it was all settled. 3he stdted they are makinq paymenta en her martqaqe but will not settle with t.he bank. Preston Stuart, 501 E. Orangethorpe, stated ther~e are 4500 plua spa~es in the Ana~heim area and moet of the neople wha live in mobilehocaes are a proud qroup of people who are providing for themselves end do not throw themselves on the mercy of the City and he ia proud to be a member of that group. He atated they are now operatinq under Conditional Use Permit No. 78 with no time limit and asked how that would compare with the MHP 7•one pertaining to a time limit end what additionnl protection they would have under L•his zone~. M=N~JTgg, 1-I~U1HaIM CITY PL7INNIN(' COMMIISSION, AuguoC 9, 198Z 82-445 Jack Whits oxplaineQ any park soned into tha MFW Zono can only be usee! !or +s mobil~home pr n~bilehome park eubdiviaion until euoh tiime as ths proparty ie resonsd and currently i! thia park is axis~inq under e conditional usa per~ait, it haa an unAerlyinq aone and thsre is no requirem~nt by lsw that the exiscing aonditianel uee p~rn-it continue to be exerciaed !or eny pezticular lenqth of tinta and th• ownsr could decif.e tomorrow to changa the use to a use pertnited under tho underlying zonA end could get buildi.ng pormite with~ut n public hasrinq. He explained thie ordinenc-ie ie to be in con~~anction with the 3tate law which would still be appliceble pex'tnininq to noticee to tenante, etc. Ne edded the MHF Zone, in one eenee, doee provide protection in thnt the res'.dants nra aeaurad thet the nnly uee the property will hr.ve will be e mobilehome park unless there ie a public heerinq to chanqe the xone end then everXone woui9 heve a riqht to v~ice their opini~ne. Mr. Stuert. edded maybe this ordinenc e will give *_hem a little more breathinq room. pale Smith, 501 E. Orenqathorpe, as kezd who can initiete tha proaeedi,nga for a rezoninq into the MNP Zone alter the ordinnnce iR edopted. Jack White expleiner3 tt-e proceedinqs can be i~iti.eted either by the park ow~~er or the agent or by the Planninq Commiesion or City C~4nci1. He addod he thought there will be a recommendeti on trom the Planning Depditment to initiate rezoning by the City to thia MHP Zone after it ia adoptad• Dele 3mith asked about the timetabl e for t~tarting ihese pr•~ceedinas end nsked if d recommendation will be me-de by the Planning Comm3.asion an any of the parks and if so. how many? Chairman Fry stated the Coaanission probably will n~t make any recQmmendations until euch time es an evalu~tion i.s made by the Plenntng staff. Canmisaioner HuRhore stateA the or d ina-nce will give the City the vehicle 1n which t., rezone the perks and it would he hia intent that once the ordinance ie adopted, in order to give eome pedce of minrl and breathing r.ooa- to these tenante, that the City would actua 1 ly initiate iezoning nll of tha parka. He steted after looking at several of these older pa;ka and what staff considEred poasible pot~ntial for aonvereions• the Task Force felt they did not want to be the catalyst to init :nte the converaion of ti~oee perks; th+~t if the Taek Force had said they looked at 9 paz-ke and eqreed that five were potential conversions, he felt thet would have alerted tha lend owner or apeculator to corne in and etart to rezone the park. He stated this ordinance will establish som~e n-inimum ruleat thet when the Task Force wea appointed, everyone was told what the deciaion would probably be~ and the Taek Force attea~pted to qet as emtch as they could from the mobileT~ome park ownere up front and to preaume thnt the Task FoXCe could have done any more is not realietic and nothinq would have b~en accompliehed nnd thie may not be 100 i of what ia desirable, but et leaet i.t is e atart. Mr. S1Q-ith etated he understood the Taek Force had problema with ownere and attorneys and that they took up a lot of their time. He stated if the requiren~nt ia that the owners mus t request a raclassification to thie MHP Zone, he did not think they would ever do it and asked if the Planninq Co:~+isaion will initiate the proceedinqe. ~. 82-44G MINU'PEB. ANIIHEIM CZTY 1~I.11NNING CONQAI~SION, I-uguet 9, 1982 Jaak White e~ated the an~wer is probably y~!a nnd th~ Citn ~a f~~onlo!'bthe working on that loeu• and Mill come backrinuae~~as~~ntopthet xone. ordinance with re~oninq of epca~ o! the p pd 1-nniks 8nntelehti~ Aseistant Direccar, eteted r-ormnl adoption o! the ordinanae by tha City Council would be require~d tollowing the Plenn~ng Caaimiesion hearing end the MHP Zone would not be eftective t ntil Noveml~ex 4 end the next public hearing balora the planning Conanission to xscone eny mobilahome perk would be on Novembar 15th snd lollowing the normal procedures and a wsuming there are no problema,no mobilehome park in Anaheim could ectually bis rezongd until about the 20th ot Jdnuary and because there are 32 parka, it i s impone ible for the Planning pepertment to rezone all tha parks at one time. 8he atated she wuuld entieipate there would probably bo some+ ~ort o! lietinq as to whet p~nd8thatlwill probnbly beadiscuaseddwithnthdiTeskhFor eufiret. rons iderod, Mz. F landers, Midway Trailer Court, aaked if thie meetinq perteina to rezoning mobil ehome perka to commercial usea with Chairmen Fry =~$P°ria~ks couldibonot the intent. Mr. Flnndeza aeked if the exieting mobilQhome pe- Chairman rezon ed for commercial propertiea if this overley zone is ndopted. Fry stated that is possible. Mr. Flendeze etated everyone is worried about heving to move and asked what the Planning Commiasioners would do if someone ~old thamdtihi$~WQUld be theisamemas rezoningtthesepmobilehome p rk s end n~d nnd atate etate d he did ~ct think that is quite fair. Commiseioner Herbat stated every pr~perty owrier IldB the riqht to esk for a zone chdnge on his property, but that doeB not m~an it will I~e appr oved. H~~ added e~me people have been notiFied to mave end this ia w!zat atnrted thie iesue and he felt because the City ie involved and ia concerned nbout the tenants' we11 being, tx-gse p~:blic heerinqs are to Provide the protection dese rved and this ordi.nance will protect them from being discriminated aqainst aa far ea the City can leqally do it. He stated park ownere have tried to make people move out of their homea and the Planning CoGUnission ha s agid "no" and as Ci•cy officials do try and solve problems where it is lair to both sides. He added he thouqht it is qreat that thie many people have come out to help the Planning Coaanission make the right deci~ion• Rick Solenski, 1009 S. Harbor (Orangeqrove Park), stated he has a 1976 coach and tiae founaeked~ifnthereeisianYrwaY~thdyn°oulduqethinto th 8e sp8C~8~out by dealera and Pat Kieh stated the individuel residents would not be required to seek out ava ilable epacea, but that would be the responsibility placetl on the park owners or the developer -aha is aeekinq to chanqg the use of the park and that would be one of the many r~.,~*'ictions built into this ordinancCouncilwould have to be aomPlied with prior to Plenning Conunission or Gity approval• d hQS~tpblento cocnehbefore th e9overnmentalsbody~tof requesttthee epaces woul change ~ Nlr. Soleneki stated their park qave everyone notices in February 1981 to be out by Februa ~n8~°nstateddthe Planning1C~sa onrcannot8enswertle9a19e noticea~ Cha Y sluestions. J E MINUTEB, 1W11tt1CZM CITY PLANNINQ COMMI88ION, Auqust 9, 1982 82-4A7 7-n uniQdntilied lady trom tha eame park statecl they wers told th~re i~ e a-or~torituni that the managera Cold them slter sll thie io over, they could give them 60-days notice ~nd they weuld have to mover nnd thet just e!ew montha ego thwy t~ld thew the park wauld etay as it is end now they aay they will be cloAinq becauKe they ere th~re under e conditional uee parmit. Commiss~oner La Claire state~ i! thie ordinance ia adopted, it will. •atequsrd thie type+ aituation end thet ie one o! the retiaons !or trying to qet it epproved quick 1 y ne poasiblo and ehe weg nat eure what the perk ownere could do betore it iis edopted. Commiestoner Herbet et.ated eny reaoning of the mobilehomo park would be txifore th~ Planninq Co~nniseion and noted the Pl.nnninq Commiesion hue not seen any requeace tor n ahange irom thet park. The unidentified lndy eteted they have been rold that the owner hes already r~equeetod n chenye at use nnd a lot ot people have sold their c:oachea very ct~eep. Annika Sentalahti expleinod to ac~ually pe~s the ordinence take~ nbout 30 day~, iqnorin q the pub11G hearing. Sh~~ stnted she believed the Orengegrove Perk clid give e notice o! intent laet ~~ear. ihe unidentiPied ledy statad they have given not ica- but it went past the dete enu r.he ownera changod it because they eaid they c~uld not a~Fford the high interest. THE PUHLIC HEARING WA3 CT,03FD. Co~nmission~r H erbet etated the one point: of contention aeema to be the 10~ ot people who coulct n~•t yuality and possib]y the 80• of improvement coste and stated he wou 1 d have s herd timo decidir.~g wha would be eliqible and felt it ehould be more opecific es to actual need. He suqqeateci mayue it should be based on thw inc~me level becauee it would be hard to c?raw the~ lin~. Chairman Fry atated that is a dit~icult ;portion of ,.:ie ordlnancv f.or him and noted when th e property ia pur.chased by the RedevAlopment nqency, they are raquired to pay 100• of the feir enerket value at the time of acquisition +~nd even in an eai3.nent dc-m~in ection, 100i of° fair market value is required. Commiasioner Herbs~ statsd chanqinq that portion of the ordinance ta 100• would aolve t2ze problem• Commissioner La Claire explained the Task Force came up with the 809 figure after diacus s ion that ~oa-e peopla beinq :elocated to comparable parks will be required ta have new c:arporta, new awninqa, etc. and othexs may not and would qe* nothing for the coet of improvea~nt and that eome people qetting the new improvements would be ha~:py to pay the 20b. She added the Task Force had felt this 80~ figure would be feir and equitable. She added they had arrived at the 100! Piqure ba sed on atudiea done in a couple of the existinq parks which showed there were leas than 10! in thoge parks etudied who could not aftord to pa,y anything. Commfssioner Herbst sugqested chanqing the 80$ to 100a and recoam-endinq appzoval to ths C ity Council and let theun provide a percentaqe. He thouqht i~t ia poesible that the person who has to move may be happy to move to a pnrk where he would be happY withdut getting paid for new improvements and it' he is satis~ied, that is all that really cantters. He added the pereon can a~ake his own deal with the owner es long ae it goes along with the qui.8elines of thia ordinance. He added he would eliminate the recommendation of l0i and everyone would qet 100l~ ~ ~.ZNUTEB~ A!p-liEiM CITY PI.71Pit~lINCi COMMI88ION, 1-uqus~ ~, 1992 82-448 Com~nis~ion~r La Clair• ~uqqested ohanqing tha estienatecl coets of aesembly end r~-ne~ealblY to actual costa. Jack Whit• steted the ditticulty with thet would be that the parson could not get paid until alter the sctual costo wera sAteblished and that would be after. they have biten ralocated nnd it was f:h• intent to pey th• psople betore they have to move. He atated it ie essier to submit thet intormntian in the Converaion Impect Report by findinq out the eeti.mated coe~t which ia norn-ally very cloae. Jack White eugqested khet .04U3 be modifleS tn delete the worde "en Rmount ~qual to 80• o!" in the tirst line artd delAting the words "providing, however, that up to 10• ~f the awbilAhome ownere should be vligible to recei.ve 100t of snid eetimetad improvement coete, besed on the mobilehome ownere fine+ncial nead or other special circumstanaea as identitied in the Conver$ion Impnct Rep~rt or es epproved by the City heering bodY"• 11CTION: Comaiiaeioner Herbat offered e mc~t3on, seconded by Commiseioner McB- u ney and MOTIOt~ CARRIED UNANIMOUBLYr thet the Annht~im City Planninq Commiasion doea hereb,y recomanend to the Maheim City Council thnt the draft ordinAnca perteining to the Mabilehoma Pnrk Overlay Zone (MHP) be adopted, suhject to the recommended chengee on Page~ S, 9 ans 10, Section .0403 to read as foll~ws: "The estimated additionel coat ths di$placed mobileiiome owner will be require~ to spen~ to meet an averaqe comparable mobilehome park'e lawful rnquirements for improvementa to the mobileoohcrepnCasAndmtTOVementgcoatsW~ich is beinq zelocated (collectively referrod P The peraon or ent.ity propoaing the change of uae shall establish the improvement costs of an average compareble mobilehome park by surveying a representative nwaber of comparable mobilehome parks where evailable replacement epaces can be identified within a 125-mile rediua from the taobilehom~ perk to be converted. Theae iw~rovements costs shall be categorized as to their tyFx!, includinq requiramente for skirting, awninga, landacaFinq and other epplicable categories. The estimated additionel coat for each displaced mobilehome owner to canform to each of theae cateqories sha~l a].so be eetablished. These coete will be eatablished on the basis that the work ie to be done by a professional contrectnr hired by the mobilehoc~e owner, rather r.han the cnobilehoa-e owner performinq the work himself. The information epecified in this subeection ahall be included in the converaion impact report and shall be subject to review and approval by the City hearing body." ADJOURNMENT: Ca~mnisaioner Herbat ott`ered a motion, epconded by Co~nmissioner Bouas an3 MOTI~N CARRIED that the meetinq be adjouzned. The meetinq wat~ adjourned at 9:25 p.m. Respectfully submitted, ~ ~~ ~ ~~~~.v ~;l,v~'' EdSth L Harris, Secretary Anaheim City Planning Comcaission .~