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Minutes-PC 1983/03/21d d REGUI.AR MBETINC OF THB ANAHEIM CITX ~WINNINC COMMISSION REGUT.AR M~BTING The regular meetin~ of the A~sheim City Planning Commi~sion wa~ callad to order by Chairman Fry at 10:00 a.m.~ Mn~ch 21~ 1983, in the Council Chamber~ a quorum being pre~ent snd the Commiseion reviewad plane of tha it~ ~ o~ today' a agmnda . REI;BSS: 11:30 a.m. RECONVENE: 1:30 p.m. PRESBNT Chairmen: Fry Coaunlaeionera: Bouae~ Bueliore, Herbet~ King, La Claire, McBucney ABSLNT Commiseionera: None ALSO PRESENT Annik~ Santalahti Jack White Jay Titus Paul Singer Jay Tashiro t)ean Sherer Greg Haetings Edith Harris Aseistant Director for Zoning Assletent City Attorney Office Engineer Traffic Engineer Aaeociate Planner Aeaociate Planner Asao~iate Planner Plannin~ Commiaeion Secretery APPROVAL OF MtNUTES: Commieeioner King offered a motion, seconaed by Commiseioner BoueP and MOTION CARRIED, that rhe minutea of the ooeeting of FebruAry 23, 1983, be approved as corrected on Page 105 to indicate Commissioaer Buahore hed previou~ly declared a conflict of interest on this matter and was absent; and correcting the spell:ng of Lynn Thomsen's name in Item No. S. I'PEH N0. 1. EIR NEGATIVE D~CLARATION (PREVIOUSLY APPROVED)~ TEN'SATIVE MAP TAACT N0. 106 (REVXSIAN N0. 1) AND REQUEST FOR APPROVAL OF REMOVAL OF SPECIMEN TREES PUBLIC HEARING. OWNERS: VERAE PROPERTIES~ 6125 ~. Lafeyette, ScoCtsdale~ Arizona~ 85251 and PRED STEVENS, 3180 FronterA~ Anaheim, CA 92806. Property described ae an irregularly-shaped parcel of land consieting of approximately 6.25 acrea loceted at the westerly terminus of Eucalyptus Drive, approximately 980 feet ~outheasterly of the centerline of Santa Ana Canyon Road and nor'.h of t~lartella Lane. This isem was hegrd following Che recess at 3:45 p.m. To establiah an 11-lot, RS-HS-22,000(SC) Zone subdiviaion and requeat for approval of rem.oval of specimen trees. Continued from the meetinge of February 23 and March 7, 1983. There was no oae and although the of the minutes. indicating th~ir preeence ia oppoeiCion to sub~ect request etaff :eport Was aot read, it is referred to and~made a part 0438H 83-150 3/21/83 MINUTES. ANAHEIM CITY PLANNING COMMISSION L MARCH 21~ 1983 83-151 Cal Quayrel~ Anacal Enginesring~ otated the awnere are edamsntly oppo~ed to reconuoendad Condttion No. 3 pertalning to liability insuranca for tha hiking and equeatrlan trail and feal the insuranca should be carried by the City of Anaheim. He explained his company haw devaloped numerous tract~ in tt~e area and he did not know of any devaloper who had to provide the insurance. Hs etetad .1ack White~ Asaietant City Attorney, had ceaearchad the recorde and did not find where thie condition had ever been impoeed an any other tract. THF. PUBLIC HEARING WAS CLOSED. Jack White explained thie condition wae developed and requeeCed by tha rarke Department two yeara ago and that many tracCe have been approved in thie area and dedication for the trails wae required, but to his knawledge thi.e condition wae not impueed on nny of the other tracts. He explained the owners were required to dedicate and improve the tra~ls, but were noC required to maintain the tratle and provide tt~e liabillty insurance. He stated the City has the primery legal obligation to maintain public property end iA liable for any damage or accident on public property and if that condition wae imposed, the City would still have the primary responeibility~ but would seek indemnification of that liability in case of art eccident. Commiasioner Herbat stated tie could agree with thia recommendation if thie waa an individual property owner developing the tcail for his own benefit~ but felt demanding dedication~ improvemenk~ maintenance, and ineurance on thie tract is un~u:c and is expecting too much of the developer. Jack White atated he would have no problem if the Commiesion wiahea tn delete that condition. It was noted an EIR Negative Declaration was previously approved by the Planning Commiseion on December 14, 1981~ and by the City Council on February 2, 19A2. It was noted the requeat for removal of ePeci~en trees was deleted. Cal Queyrel ateted the property owner also hae a problem with Condition No. 25 pertaining to the water mein, becauee it is located on a neighbor's property and :.a does not have~asement and it would be imposaible to comply. Pete Carpeuter, developer, explained original2y three properties were involved in this development and they could have complied, but Mr. Stollo'a property 1s no longer a part of the proposal, He explained Mr. Stollo's property ran to Martella Lane and they wanted the water to Martella Lane for a loop. He stated they intend to run the water main from this cul de sac to Mr. Stollo's pxoperty and atub it off and when he developa his property, he ahould run the water from Martella Lane to their stub-out whi~h would complete the loop. He etated there is water an Eucalyptus Way which is now in Anaheim and is along the north boundary of their property. ACTION: Comm3asioner ~erbat of.fered a motioa, sec~nded by Commieaioner McBurney and MOTION CARRIED, that the A~naheim City Planning Commiaeion doee hereby find that the proposed subdiv~eion~ together with i~e design and improvement, le consistent with the City of Anaheim General Plan, purauant to MtNUTE3~ ANAHLIM CITY P1.ANNINC COMMI3320N~ MARCli 21~ 1983 83-152 Covernment Code Section 66473.5; and doe~~ tharefore~ approve Tantstive Map of Tr~ct No. 1Q614 (Rev. Nu. 1) for an 11-lot~ RB-HS-22~000(3C) (Residential, Single-Family, Hillside-Scenic Corridor Overlay) Zone .ubdiviaion, sub~ect to the following conditione; however modifying Condicion No. 3 to read the eame as the previoue etandard condition regerding traile which all other tractg hava had to comply with and not to include toaintenance of the trai,l; and modifying Condition No. 25 to require thxt an 8-.inch (8) D.I.P. water main ehall be e~xtended to the eaeterly tract boundary for e future connection to the exieting Martelle Lane mein (replecing the 6" AC pipe) and shall be installed ae approved by the City af Anaheim Ucilities Depertment prior to the iseuance of building permits. 1. That prior to iseuance of a building permit, appropriate park and rgcreation in-lieu fees shall be ~ata to the City of Anaheim in an emount as determined by the City Gouncil. 2. Thak prior to issuance of a building permit, the appropriate traffic eignal aeaeesment fee ahall be paid to the City of Anaheim in an amount ~a determined by the ~ity Council for each new dwelling unit . 3. That the owner of subject property ahall dedicate and improve a ten (10) foot wide equeetrian and hiking trail ae shown on the Equestrian and Hiking Trails Component of the Anaheim Generel Plan; and that improvement plans~ in accordance with etandard plens aod apecificationa on file in the Office of the City Engineer~ shall be submitted in con~unction with tlie gredi~g pl.~n; and/or that a bond in an amount and form satisfactocy lo the City of Anaheim shall be posted with the City to guarantee the inetallation oE the above-mentioned requirement prior to occupancy. 4. That the private streets shall c~mply with the City of Maheim atsndsrda for private atreete in the Mohler Drive area. 5. That prior to fJ.nal tract map approval~ titreet names ahall be approved by the City Planning Department. 6. That temporary ~Creet name signs ehall be inetalled prior [o any occupancy if permanent street name eigns have not been inatalled. 7. That drainage of subject property ehall be disposed of in a manner satisfactory to the City Engineer. 8. That prior to the issuance of building permite, the alignment and terminal point of atorm drains ahown on thia tentative tract map ahall not be conaidered final. Theae draine ahall be sub,~ect ta precise design conaideratione and the approval of the City Engineer. 9. That grading, excavation, and all other coastruction activities ehall be conducted in auch a manner so as to minimi;ce the poseibility of any ailt originating from thie project being carried into the Santa Ana River by storm water originating from or flowing through this project. MINUTE3~ ANAHEIM CITY PLANNING COMMI9SION, MARCH 21~_1983 83-~53 10. That ehould this subdivi~ion ba developed ~a more than ono subdivieion~ each aubdivision thereof ehell be eubmiCtad in tentative form for approval. 11. That all lota within thia tract ehall be served by underground utilities. 12. That prior to commencement of etructurel framing~ fire hydrants ehall be inetalled and cherged as required and detecmined to be neceseary by the Chief of khe Fire Department. 13. That all requiremente of Fire Zone 4, otherwiae identified ae Fire AdministraCive Order No. 76-01, shnll be met. Such requirements include, but ere not limited to: chimney epark arrestore, protected atcic and under floor upenings, Class C or better roofing material and one hour fire reeistive conetruction of horizontal eurfacea if located within 200 feet of ad,~acent bruahland. 14. That prior to isauance of buildin~ p~rmits, fuel breaks ahall be provided ae determined to be necEesery by the Chief of the Fire Department, 15. Thet prior C~ final building and zoning inapections~ native alopea ad~acent to newly cunstructed homes ahall be hydroseeded with a low fuel combustible seed m1x, Such elopes shall be eprinklered and weeded as required to establieh a minimum of 100 feet of separation between flammable vegetetion and any structure. 16. That prior Co final tract map approval, the original document~ of the covenants, conditions~ and restrictions~ and a letter addreased to the developer's tiCle company authorizinp, recordation theceof, shall be aubmitted to the City Attarney's Office and approved by the City Attorney's Affice and Engineering Division. Said documents, as approved, will then be filed and recorded in the Office of the Orange County Recorder. 17. That prior to iesuance of a building permit~ appropriate water assessment fees shall be pxid to the City of Anaheim, in an amount as determined by the Office of the Utilities Genera2 Manager. 18. Tha: nn grades shall exceed lOX except by pri~r approval of the Fire Department and the Engineering Divislon. 19. That the propoaed aubdiviaion shall provicle to the extent feasible far paseive and natural heating and cooling opportur-ities. 20. The the owner(s) of eubject pxoperty ahall pay appropriate draingge assessment fees to the City of Anaheim as determined by the City Engineer prior to approval of a final map. 21. Thet prior to approval of the final tract map, the owner(s) of sub~ect property ehall submit evidence satisfactory to the City Attorney'e Office ahowing that access is available over thoae private roada leading to the propoaed development. MINUTBS ANANP•IM CITY PI.ANNING COMNISSION MARCH 21 1983 83-154 22. Thet davaloper shall, prior to approval of the ftnal tract map, damonstrata the 0ource and sufficiency of the wator •upply to th~ reaaonable •stiafaction of the CiCy oP Anahe~m. 23. That the owner(s) of subyect propcrty eha11 pay to tha City of Ansheim aakur primary main asse~sment feee prior to the ioouance of building permita. 24. That the owner(a) of eub~ect property shall pay to the City of Anat~eim, water upgrade feee Sn the amount of ~25~577.13 priur recordation of the final tract mep. 25. That an 8-inch p. I. P. water main ehall be exrended to the eaaterly boundary for a future connection to Che existing Marcella Lane main (replacing khe 6-inch a. c. pipe) and ~hall be installed ae approved by the City of Anaheiw 1!kilities Department prior to the ieeuo~ce of building permite. Jack White, Aseistent City Aktorney, presenCed the written right to appeal the Planning Commiesion'e decision within 10 days to Che City Council. ITEM N0. 2. EIR NEGATtVE DECLARATION(PREVIOUSLY APPROVED) AND TENTATIVE MAP V~' •~MVa ~~v• PUBLIC HEARING. OWN~'RS: THE PEtFSBYTERY OF L~S M~CELES, 1501 Wilehire Bouleverd, Los Mgeles, CA 90017. AGENT: ANACAL P.NGINEF.RING~ 1900 E. La Palma Avenue, P.O. Box 3668, Anaheim~ CA 92803. Propercy described ae an irregularly-ehaped parcel of land coneisting of approximately 4.32 acreB having a frontage of approximately 240 feet on the weat side of Villa Real Drive, approximately 375 feet south of the centerl.ine of Nnhl Ranch Road. To eatablish a 26-lot, 25-unit RM-3~00(SC) Zone eubdivision. There was no one indicating their presence in opposition to sub~ect requeat and alkhough the staff report was not read, it is referred to and made a part of the mf.nutea. Commiesioner Bushore declared a conflict of lntereet as defined by Anaheim City Planning Commiseion Reaolution Na. PC76-157 adopting a Canflict of Interest Code for the Planning Commission e~nd Government Code Section 3625, et aeq., in that he represente the owner in oCher real estate traneactiona and pursuant to the provieions of the above Codes, declared to the Chairman that he was withdrawing from the hearing in connection aith Tentative Map of Tract Na. 10474, and would not take part in either the diacusaion or the voting thereon and had not discuased this matter with any member of the Planning Commission. Thereupon Commiesioner Buahore leFt the Council Chamber at 1:32 p.m. Wayne Jolly~ Anacal Engineering, was presenk to anewer any questions. THE PUBLIC HEARING WAS CLOSED. It wae noted an EIR Negative Declaration wae previously approved in ~ MINUTE8~ ANAH~IM CITY P„ LANNING COMMISSION~ MAR~:H 21~ 1983 83-155 con~unction with Raclas~ification No. 82-83-15 on February 23~ 1983. ACTION: Commiasioner King off~red a motion, oeconded by Commissioner McAur~ey a~OTION CARRIED (Coamis~ioner Bushore ab~ent), that the Anaheim City Planning Commisaian does heraby find that th• proposed subdivi4lon~ together with its deeign and improve~ent, iR coneiatent wiCh the City of Mah~im General Plan~ pureuant to GovRrnment Code Section 66473.5; end doetl~ therefore, approve Tentative Mep of Tract No. 10474 for a 26-lot~ 25 unit RM-3000(SC) (Reaidontial. Multiple-Family~ Scertic Corridor Overlay) 2one aubdivision sub~ect to the following condi~~ons: 1. That the owner of subject property shall pey to the City of Anaheim a fee for tree planting purposes along Villa Real Drive in an a~ount as determined by khe City Council. 2. That prior to iseuance of a building permit, appropriate park and recreation in-lieu feea shall be paid to the City of Anaheim in an amount as determined by l•he City Council. 3. That prior to iesuance of a building permit~ the appropriate traffic aignal aseeasment fee ahall be paid to the City of Anaheim in an amount as determined by the City Council for each new dwelling unit, 4. That all private etreets shall be developed in accordance with the City of Anaheim's 3tandard Detail No. 122 for private etreeta, including ins~allation of street name signe. Plana for the private atreet lighting, as required by the standard detail, shall be eubmitted to the Building DiviBion for approval and includQd with the building plans prior to the isauance of building permita. (Private streets are those which provide primary accesa and/or circulation within the pro~ect. 5. That prior ta final tract map approv~l, street names shall be approved by the City Planning Departm~nt. 6. That temporary etreet name eigns ehall be installed prior to any occupancy if permaneut atreet name aigna have not been lnstalled. 7. That prior to iasuance of a building permit, appropriate water asaeasment feea and appropriate electrlcal fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Uti.lities General Manager. 8. That drainage of sub~ect property shall be disposed of in ~ manner satiefactory to the City Engineer. 9. That the alignment and terminal point of dtorm drains shown on this tentative tract map shall not be considered final. These draina shall b~ sub~ect to precise deaign conai~erations and the approval of the City Engineer. 10. That ahould thie subdi~isioa be developed as more than one subdivieion, each eubdivieion thereof shall be eubmitted in tentative form for approval. ~IINUTES, ANAHEIM CITY pLANNING C01~'D~IISSION~ MARCN 21~ 1983 83-156 11. rhet stremt lighti.ng facilitias along Villa Real Driva shall ba installed ~e raquirad by the Utilitiae Ceneral Manager in accordance with epacificat,ton• on file in the Office of Utilitias Cen~rat Menager~ and that 0ecurity in the form of a bond~ cerCificate of depoeit~ letter of cradit~ or caah~ in a~ a~ount and Eorm eatiefectory to the City of Anah~i~~ shell ba poeted with tha City ~o guarente• the satisfactory completion of the above-mentioned improvementa. Said security ohall be po~tad with the City of Anaheim prior to finsl tract map approval. The above-required improvemente ehall be inatalled prior to occupancy. 12. Thet all lote within thie tract ehall be served by underground uCilitiea. 13. That prior to commencement of etructural framing~ fire hydrante shall be installed and charged se required and determined to be neceseary by the Chief of the Fire Department. 1G. That all requirements of Fire Zonc 4, otherwiee identified ae Fire pdminietrative Order No. 76-01, shall be mst. Such requirementa include~ but nre not limited ta: chlmney spark arrestors, protected attic and under floor openings~ Clase C or better roofing material and on~ hour fire resistive construction of horizontal surEaces if located within 2Q0 feet of Adjacent bruehland. 15. That fuel breaks shall be provided Fis determined to be necessary by the Chief of the Fire Uepartment. 16. That prior to final tract map approval, the origi.nal documents of the covenants, conditions~ and reetrictione~ and a letter addresaed to the developer's title company authorizing recordation thereof, ehall be aubmitted to the City Attorney's Office and approved by the City Attorney's Office and Engineering DYvisioa. 5aid documPnts~ as gpproved~ will then be filed and recorded in the Offic~ of t-~ Orange County Recorder. 17. That vehicular acceea to the City's sanitar,y eewer manhole shall be pr.ovided as approved by the Street Maintenance and Sanit~tion Division. 18. That approval for the uae of the existing private sanitary sewer shall be obtained from its owner. 19. That approval from the adjacent property owner ehall be obtained for encroachment of the curb return at the entrance to eubject pro~ect. 20. That prior to isauance of building permits~ the applicant ehall preaent evidence satiefacec:y to the Chief Building Inapectof that the restdential units will be in conformance with Noise Inaulation Standa~da specified in the California Admini~tr~tive Code, Title 25. 21. That priar c4~ isauance of building permits, the applicant shall preasnt evidence sa~isfactory to the Chief Building Inapector that the propoeed pro~ect is fn conformence with Council Policy Number 542 "Sound Attenuation in RESidential Projects". MINUT68, ANAHBIM CITX PI.ANpING COlQ~tI98I0N. MLARCH 21 ~ 1983 83-157 . _,_.._.~._......~.... ITSM N0. 3. ~IR CATEGORIGAL_BX~IP_TION-CI.A38 3. iiAIVER OF CODB PUBLIC H~ARING. 0{iNER3: ADO1.F0 AND MARIA SP.RRATO, 1317 S. C1Rr~mont Straet~ Anahelo~ CA 92805. Prap~rty de~cribed ~~ a r~ctangularly-~haped parc~l af land coneteting of approximetely 7.254 eqvere feet~ and loc.ted at 1317 3, Clrremont Streat. To convert an exieting garaga and constr«ct e(granny) unic with walver of minimum number and type of parking epaces. There were three ~~roons indlcating their presance in oppoeittan to aub~ect requeet and although the staff report was not read~ ic ia referred to and made a part of the minutee. Adolfo Serrato~ owner, was preeent co anew~r any questions and Annlta Gudino interpreted for him explgining there 1A a gar.age exieting on the rear of the propercy and it wae there when he purchasad the property and he wants to fix it up and bring his parenia to livA there; end chat hie ~noth3r is 62 and hia father is 66 yeare old and they do not drive, Ron Everato~ 2322 S. Claremont, Anaheim~ etated he a• ~ied for a aecond dwelling on his property about one year ago and the rrq~est was denied; that the garage on aubject property has been lived in and che tenanta moved out about 30 or 40 daye ago. Ha atated he did not knoW how eaf.e the bui~ding i~ and whether or not it would be a fire hazard. He stated everyone wi.ll want to convert their garage intu n living unit for someone elae if ehi s 1a approved and that he sees no point in approving it. Ne referred to the minimum size allowed which ia 640 syuare feet, and pointtd out thie garage is currently G30 square feet and the petitioner wants to add 77 equare fe~~ and he felt that is ~ust too much. He atated he livea acroes the etreet snd doee not wenC thia becauae it could be a flre hasard and everyone else will want r.he eame privilege. Donna Sullena, 1316 S. Hickory~ ~ust weet of sub~ect propNrty, stated ehe hae lived in thia area eince 1954 and most of the geragee are for one cer and eeveral people are already uaing their garagee for living quartere with thPir care parked on the street. She etated on the two etreets getting out of the area~ she counted four cars on lawne today and the people acroes the etr$et from her have eix care and another family hae seven cara~ but without garagee and parking epaces there will be more care on the etreet. She steted crime ie also up in the area and ~uat la~t week~ eomeone tried to eteal a vehicle. She stated appraving thie would mean more people in the area who would w,~nt the eame thing. Ms. Sullena atated with this garage converted~ ehPre will be no place for storege on thie property and right now, nexe door to her, there ie a lot of ~unk etored. She referred to the existing ~ara~e on aub~ect property and atated the paint ie peeling and e window has been cut on the west eide facing her yard and alsa on the north facing the yard one foot away f rom the garage. She referred to an existing 28-year o1d grapestake fence and etated it is only being held up by the trees. She etated ahe has been keeping he r trees trimmed~ but ie considering lgteing them grow because of the condition of the MINUT88. ANAHxIM CI'I'Y PLANNINC CW41T33ION~ lUIRCH 21, 1983 83-15$ prop~rty b~hind her. ~o th~y cen provide a•ou~d and vi~u~l bxcrier. 9h~ otat~d thar• was a 1 ot of noie~ wh~n chera war• people Iivin$ in thi• garage b~foc~; howsv~r~ th• main problem is parking and tho problem wlth the n~ighborhocd chongina, Ms. Cudino statad the patitioner plan• Co p~int th~ unlt und fix it up and wants to abide by al 1 tha rulee . THE PUBLTC HEARING hT~-3 CLOSEO, R~qponding to Commis s'oner Bouas~ Ms. Cudino atated Mr. Serrato has oaned the properCy for abaut 1-1/2 yeara and that people did live i.n the unit~ but •ft9r he learned it wea no t legal~ he asKed them to move end they moved about 6 monthe ~sgo. Reeponding [o Commis ~i~nez Euahore~ Ma, Cudino etated the garage wes a 2-car gardge and ehe did net think he had purchAeed the property beceuee it had been con+erted. Comtniesionec King et ated he d!d not believe he could vote for epproval of thia requeet becauee of t he parking aituatinn and also the equare faotage exceeda the State maximume. Responding to Ms. Gudino's commente that the petltionec'e parenta will not drive vehiclea, Commissioner Baues stated chis owner may not a:ways own thP properr.y and the pa r ents mny nut elways live there end this could be a pcoblem with the next people moving i~ who wuuld drive vehiclea. Responding to Commi seloner La Claire regarding the neW gcanny housing atate law, Jack White, As sistant City Attarney, explaiaed the statute that took effect January 1~ 1 983, providea that Che City may. but ie not obligated to, approve a conditional use permit for A second uoit, provided the unit is intended to be occu pied by one or two people, both of vhom are at least 60 yeare of age and provided the unit ie not more than 640 square feet in size. He atated there is no mendate that the City approve a conditional uae permit, but the Commiasion has the authority to approve this aA a conditional use and if it meets the cri teria set forth for grenting other conditional uses, then it ehould be granted. He etated the Commiasion ehould realize that the atate law doea not mandat e them to approve any unit that •therwiee ie below standarde and the Commission is entitled to r~view it in the same light as any other variance req~est and the requeet could be denied if there are no uniqu~ circumstances. He stat~d there ia a question in hia mind whether oc not thie particular case eve n falle within Chat etate law eince it is proposed to be 707 aquare feet and the maximum ia 640 square feet. He added he would recammend conditioas bei~ng added if this is approved~ limiting the «ee to one or two peraona, bot2~ of whom ere at leaet 60 years of age and further requirinR the owner of the property to record a covenant againet the pzopexty deeignating the sec ond unit ab be3n$ reetricted for that purpoee so that any purchaser of th~ pr operty would know that the second unit could not be rented Lo just anyone, bu• ts limited to a very speciEic purpoee. Commissioner Herbs t etated he did not see any way to police something like this and could see Bpproval opening the door vide for cha~aging a single-family MINUTBS ANAHBIM CITY PI.ANNINC COMMISSION MARCH 21 1983 83-159 cesidantiel ar~~ int~ A~ultipla-family residentisl ~r~a. He •tatad th• garag~ was alr~ady convrr~ed and rented to someone other than che paranta and ha did not think recording a covenent would be adequsta snd he thought policf.ng would be a ma~~~r problom, Commi~sioner Bu shore atat~d he cuuld not aupport thi4 caquest and it is ~uet another illegal garage converaion ahich the Commis~lon 13 being arkod to rectify. tte atated he could not eupport it becauea of the precedAnt and the aame thing could have been accompliAhed by rdding ancther bedrou~o onto the bnck of the house. bean Sherer, Associate P].nnner, aekud that Paragraph 15 of the staff raport be deleted and the etnndard paragraph regardtng findings for a variance ehould be added. It w~s noted the Planning Dir.ectox or l~is a~~thoriaed cepresentative has determined tha t the proposed p~oject f+~lls within ehe definition of Categorical Exempt ione ~ Claes 3~ ae def ined in [he. State Environmental Impac t Report Guideli nee and is~ therefore~ categorically exempt fcom the requireme nt to prepare an ETR. ACT~ON: Commissioner Buehore offered a motion~ eeconded by Commissioner Bou ae a~ MOTION CARRIED, that the Anaheim City Plenning Commiesion does hereby d e ny the request fo r waiver af Code requiremenc on the baeie that no l~erdahip wa s demonstrated pe rtaining to the size~ shape~ topography or surroundings of subject proper ty. Commieaioner Bushore offered Resolution N~. F~83-59 and moved for ite passa ge and adoption t hat the Anaheim City Planning Commiseion does her~•by deny Conditional Use Permit No. 2423 on the basie thet the propoeed use ie not properly one for which a conditional uae permit is authorixed ai~d the proposed uae will adver sely affect the ad~oining land uses and the growth end development of the erea in which it is proposed to be located and that the size and ahape of the property ie not adequate to allow Che full developmen t of the proposed use in a manner not detrimental to the particular area or t o the peace, hea lth, eafety and general Welfare and that the granting of the permit will bt detrimental to the peace, health, eafety end general aelfare of the citizene of the City of Msheim. On roll call~ the foregoing resolution was pa9aed by the folZowing vote: AYES: BOUAS, BUSHORE, FitY, HBRBST, KING, LA CLAIRE, MC BURNEY NOES: NONE ABSENT: NONE Jack White, Assistant City Attorney, presented the written right to appeal the Planning Commisaion's decision within 22 deys to the City Council. Red Rhinehart stated he owne property at 1317 S. Hickory but does not live there and was not here to speak in favor or against this proposal; but tha t he doea belong to the Orange County yenior Citiaena C~uncil and is past chai n~an of the Housiag Committee, which encouraged and bruught l~gielation to the atate which was pasaed ~ast Januery and he would like for the Commission to ~ ~ MINUT$S~ ANAHEIM CI'PY PLANNINC COMIMtIS810N~ MARCH 21~ 1983 83-160 k~~p en op~n mind in th~s• ca~~~~ becsu~~ ther• ~re eld~rly paopl0 who nesd placa• to livo. Ha addad one of th~ir concerns aloo~ w~~ how to police tha aituation. ITEM N0. 4, ~IR CATECORI ION-CLA3S 1. WAI IREMENT PUaLIC HEARINC. OWNERS: BBN ANU M,ARY LOU HATHAWAY~ 1060 W. Ketella Avenue~ Anahaim, CA 92801. AGLNTs C1.ARIN'DA L. KIT.LIAMSON, 1060 W. lietalla Avanue~ Anaheim~ CA 92802. Property d~ecribed as a rectangularly-shaped parcel of land consieting of approximately .S acre toceted at the eoutheaet cornar of Ketella Avenue and Weet 3treet, 1060 W. Katella Avenue. To permit a walk-up window in ea existing restaurant with waiver of minimum number of parking spaces, There wae no one indicaCing their presence in oppoeitioa to eubject requeat and although the etaff report was nnt read, it is referred to and made a part of the minuees. Clerinda Williamson~ agent, stated ehe is the manager of the restaurant end they would like to have a tekR-out window on the Weet Street side of the building to accommodate people who are wa.lking with ice cream cones~ hot coffee. cold drinks, etc. THE PUBLIC HEARING WAS CLOSED. Commissioner McBurney stated when he viewed thP property~ the parking 1ot waa only about half full, so he did not think there would be a parking prohlem. Cotamiesioner Buahore clarified that the popcarn wegon no longer eits out front~ with Me. Will.iameon indicating it hae been sold. Commissioner Buahore auggested that Variance No. 3225 be termineted. He aeked if any attempt would be made to attract people travpling on West Street which might cause Chem to atop and try to park on West Street. Me. Williamson stated she could not imagine any one trying to park on West Street. She stated they will havr a readcr board on the nuteide of the bisilding end the thrus[ would be towarde the foot traffic. Paul Singer, Traffic Engineer, stated this request for parking waiver is quite severe and the only way it could be juatified is that the walk-up window will probably reduce the ne~d for parking and this should not set a precedent. Commisaioner Buahore asked if thie would permit tables to be set up outeide. Dean Sherer reaponded that would require another conditional usp permit for a semi-enclosed restaurant with Commieeioner Buehore clarifying thia approval for a walk-up window would not be iucreaeing the seating capacity. It was noted the Planning Director or his authorized rePresentative hae determined that the proposed pro3ect falls within the defin~tion of Categorical Exemptione, Class 1, as defined in the State Environmental Impact MINUTE9~ ANAFIEIM CITY PI.ANNING COMMISSION! MARCH 21. 1983 _ $3-.161 R~port Cuid~linas and is~ thar~foxo, ceteqorically axampt from th• r~quiremant to pr~par• an L-IR~ ACTIONs Commi~~lon~r Bushoru offered a motion~ •~condad by Commiesioner Bouao ancT MOTION CARRIED~ that the Anaheim City Plenning Commi~sion doe~ haraby grant waiver af code requirement on th• baele that the parking variance will not cause aa increase in traffic congeation in the iioieediete area or advec~~ly affect any ad~oining land usee snd that the parking varienca, as grantad under the condition~ impoead, will not be dntrimental ko the psace~ health~ safety or g~neral welfare of the citisens of the City of Anaheim and on the basie that the propoeal for the welk-up window w~'1 not increaee th~e need for parking at khe exieting reetaurant. CommiAeioner King offered Reaolution No. PC83-60 and moved for its paesage and adoption that the Anaheim City Planning Commiselon does hereby grant Conditinnal Use Permit No. 2424~ subject to Interdepartmer.tal Committee recommendatione includiag a cundition chat the oWner shall request termination of Variance Nos. 3225 and 748. On roll cell~ ehe foragoing resolution wae peesed by the Eol.lowiag vote: AYES: BOUAS, BUSHORE, FRY, HERB3T, KING, LA CLAIRE~ MC BURNEY NOES: NONE ABSENT: NONE ,~a.. .,n S ATR urtr.sTtvE nECLARATION AND CONDITIONAI. USE PERMIT N0. 2425 PUBLIC HEARING. OWNERS: DAVID AND ROBYN PBRSZT, 116 5. Orange Drive, Los Angeles, CA 90036. Property described ae a rectangularly-ehuped parcel of land consisting of approximately 1.6 acrea and located at 1720 W. Orange Avenue (Orengeview convaleecent Hflspitxl). To permit expansion of an exisl:ing convaleecent hoepital. There wae no one icrdicating their preeence in ~ppoeition to subject requeer and although [he ataff report was not read, it is referred to and made a part of the minutes. Dr. C1yde Vinyard, AdministraCOr of the Orangeview Convaleacent floapital, explained they are requeating appraval for ten additional beds in five rooma, a nurses' .lounge and a atorage atea. THE PUBLIC HEARING WAS CLOSED. ACTION: Commissioner King offered a motion, seconded by Commissioner ~ouas and MOTION CARRI~D~ thet the Anaheim City Planning Commis~lon hae reviewed the proposal to permit expansion of an existing convalescent hospital oa a rectangularly-ehaped parcel of land conaiating of approximetely 1.6 acres having a frontage of approximr~tely 178 feet on the aouth side of Orange Avenue, approximate~.y 200 feet west of the centerline of Euclid Street and further described ae 1720 W. Orange Avenue; and doea hereby ap~rove the Negative Declaratinn from tZie requirement tc prepare an anvironmental impact report on the basis that there would be no significant individusl or 83-162 MINU'TBS~ ANAK6IM CITY PLANNINC COMQ~IIS3ION, MARCH xl, 1983 cut~u~ativ~ adv~rsa Anvironmantal impact ~ua Co tha approval of thi• Negative Declaretion since the Aneheim Cenaral Plan de~ignatee th~ •~ib~ect property foc low density reoidential land use• coaaoensuYSte with the proposal; that no sene~tive anvironmental impacta are involved in the propooal; that the Initial Study aubmitted by the petitioner indic~ta• no significant individual or cumulativa inVethe foregoingnfindingecis~onnfileainttheNCBtyiof Mahei~tion eubstanttet $ planning Department. Commissionar King offered Reaolution No. PC83-61 and movod for 1=8~n~essa6~s and adoption that the Anahaim City Plenning Commiesion doee hereby g Conditional Uee Permit No,2425~ subject to Interdepartmental Committee recommendations. On roll call, the foregoing reeolution wea passpd by the following vote: AYES: BOUAS~ BUSHORE, PRY, HERBST, KING, LA CLAIRE, MC BL'RNEY NOES: NON~ AB3ENT: NONE ITEM N0. 6. EIR NEGATIVE D~CLARATION~ WAIVL~R OF CODE CONDITIONAL USE PERMI'f N0. 2 26 IREMENT PUBLIC HEARING. OWNERS: STANLEY B1.ACK~ ET AL, 6922 Hollywood Boulevard~ Hollywood, CA 90028. AGENT: METROPOLITAN OUTAO~R ADVF.RT'ISING, ATTN: JAY KINGRY, 10~._Eh~flun~t188ce1. ofilandAconsisting ofoapproximately 0~46racre and~n irregularly e pe p located at 2020 E. ICatella Avenue. To permit a billboard in ttie MI. Zone with waivera of: a} petmitted locetion of billboard, b) maxiwum displ.ay and c) maximum height. There W88 nh the ataffareporthwas no[8read~iit~is~referred~touandcmade9separt and althoug of the minutes. Jay Kingry, agent, stated he has appeared before this Commission five or six timea over the past ten to twelve years and he feela after being in thia busineas Eor thirty five years, that l~e has a feeling of what people might ob~ect to and what might be acceptable and selectH~ explained theyuwillebeelt it qualified ae being cumpatible with the area. sharing the property with a company that manufactures and installs truck bodies and there ars alWays several trucks parked in the area; that the sign will be located at the corner of the building and it Will be an east facing sign and it is seC back far ennugh so it will not interfere with xhe view of He stated the property owner the City's eign on the Anaheim Stadium property. benefits greatly from the income from this aign and it will be an interim use until the prop+:rty is developed. He sCated the sign will not interf~re with the intereection. E~e explained they asked for a 1200-equare foot eign, which is the eame eiz8 672teeu8reyfootisfgntashallowed by ordinancerwith~approval of ~ermissioa for Q ~he conditional uae permit. ___.. .._... ... _ -=- „ _ . . ~. _ . . . _ MINUTES~ ANAHBIM CITY PLANNING COMliI83I0N~ MARCH 21, 198_3 83-1b3 Commis~ioner McBurney ~ointed out that ~ latter of oppoeition aaa rac~ived from Cabot~ Cabot and Forbes. He .tated thls area io vary vulnarable to any kind of signage and r~f,erred to all the eigns on Harbor Boulevard and explained the City ts trying to get away from tha large type signa and atated he could not see a eign of this sise in thet erea. Commiseioner Herbst agreed and eteted he could underetend why thny would want a billboerd in thia area becauae of the traffic and expoeure~ but recogniaes thet area is undergoing a change from recreational uaea to a certain emount oE commer.ciel with high-rise office buildinge and that he did not think billboarde belong in thut area. Commiseioner Buahore staCed the Commiasion d~es not have any control over billboards or eigna on City property and that this Comsniseion haa besn coneistently voting against signa and he could not vote Eor thie propoeal. ACTION: Commisaioner Nerbet offered a motion~ seconded by Commiesioner McBurney and MOTION CARRIBA, that the Anaheim City Planning Comtoiasion has reviewed the proposal to per~ft a billboard in the MI.. (Indaetrial~ Limited) Zone with waivers of permitted locatlon of billboards, maximum dieplay area and maximum height on a irregularly-ehaped parcel of la~d consisting of approximately 0.46 ncre having a frantege of approximately 98 feet on the eouth side of Katella Avenue, approximately 225 feet east oE the centerltne of State College Boulevard and further deacribed as 2020 E. Katella Avenue; and does hereby epprove the Nega[ive Declaratlon from the requirernent to prepare an environmental impact report on the basie that there would be no eignificant individual or cumulative adverse environmental im~act due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for general industrial land ueee commensurate with the proposal; that no eeneitive environmental i~pact.s are involved in the proposal; that the Initial Study submitted by the petitioner indicates no stgnificant individuel or cumulative adveree environmental impacts; and that the Negative Declaration aubstantiating the foregoing findings is on file in the City of Anaheim Planning Department. Commiseloner Herbet offered a motion, seconded by Commissioner Bouae and MOTION CARRIED, that the Maheim City Planning Commiesion does hexeby deny the requeBt for wavier of Code requirementa on the basis that no hardehips pertaining to Che aize, ahape~ topography and aurroundings of subject property were demonatrated. Commisaioner Herbst offer~d Resolution No. PC83-62 and moved for its passage ~nd adoption that the Anaheim City Planning Commieaion doea hereby deny Conditional Use Permit No. 2426 on the basis that the proposed use is not one for which a conditional use permit is authorized by the Zoning Code and that the proposed usP will adversely affect the adjoining land uees, growth and development in the area and that the granting of the conditional use pexmit will be detrimental to the citizens of the City of Ma~eim. Oa roll cell, the foregoiag resolution wae paeged by the following vote: AYES: BOUAS, BUSHORE, FRY, HEkBST, KING, LA CLAIRE, MC BURNEY NOES: NONE ABSENT: NONE M_INUTE3. ANAHBIM CITY PLANNING COMMI8320N~ MARCN 21. 1983 83-164 _..___. Jack Whita~ As43itant City Attorney~ pre~ented the written right to appeal the Planning Commio~ion's d~cision wlthin 22 days to the City Council. Dean Sharer asked that Condition Noe. 1~ 2 and 4 be deletud from the 8taff Report~ since it hae been determined that thoas feee have bean peid. ITF•M N0. 7. AIR N0. 247~P_R,,E,~VIO,USLY CUttTIFIED)~ GENERAL PLAN AMENDMENT N0. 1~ RBCLA3SIFICATION N0. 82-83-2% WAIVER OF CODE RE UIR}~.MENT~ CONDITIONAL U$E PERMIT N0. 2 2 AND WAIVER OF COLINCIL POt.ICY NA_ SG PIJBLIC HEARING. OWNBR: PAUL T. SALATA~ 2950 Airway~ D-3~ Costa Meaa~ CA 92626. AGENT: STATE-WIDE DEVELOPERS~ INC.~ 5182 Kntella, Suite 106~ Lo~ Alamitoe~ CA 90720. Property described as a rectangulerly-shaped parcel of land conaiating of approximately 18.6 ncrea located on the weat eide of Knott 5Creet approximately b5S feet south of the centerline of Aall Road. GPA RF.QUEST: T'o conAtder change from the medium density reaidential and commercial profeesional to ~nedium deneity reaidentlal designation. RECLASSIFICATION REQUEST: RS-A-43,000 to RM-3000. CUP REQUEST: To construct a 43?.-unit affordable candominium complex with waivere of: a) minimum lot area per dwelling unit, b) maximum site coverage~ c) minimum floor area and d) minimum recreational-leisure area, WAIVER OF COUNCII, POLICY N0. 43: Pertaining to deneity bonuaea. There were eight persons indicating thelr presence in opposition to sub~ect request and although the ateff report was not read~ it ia referred to and made a part of the minutes. Alex Belle, State-Wide bevelopere, prespnted n rendering of the propoaed pro~ect and explained they have been working on this program for many montha with a lot of people throughout the country and it vill go way beyond this one complex and ia the reault of the developer's inability to build housing~ particularly moderate and affordable type housing with interest rates as they are today and th~ high cost of construction, etc. He stated they believe this program can eliminaCe the extreme shortege of moderate and a£fordable houaing throughout th~ United Statea and it will be accompliahed without any subsidy or bond issues~ but it will take eupport and 8acr.ifice on the part of every element involved, including the developer, the citiea and the lenders. He atated the peoPle would have housing in the form of e lease for a certain period of time with an ~pkion to purchase at a price way below the market value of the property aC the time the purchase becomes available. He stated the properl•y muat be made available to the developer where the cost per unit is 30X below coat for land for e typical condominium pro~ect and the denaity malces the difference becauae if densities are kept low, iz is impossible to conetruct moderate or affordable houeing; that the size of the unita is another factor, ao they do need the help of the cities in granting waivers. He explaiaed this program ie called the "Helper" program (housing enabled by lender participation and equiCy roll-over). He explained equity roll-over is an aapect which makee the program aelf-perpetuating and will enable the government~ in the event general funds are used, to be ~eimbureed in an amount ~ MINUTE3, ANANBIM CITY PLANNINC CW~lI38ION, MARCH 21, 1983 83-165 that will generate a vary sub~t~nCial profit. Na steted Mercury 3aving~ •nd Lonn end Stste Savings and Loa n are two of Che lendcre which would repreaent lenders thro»ghout the United State4 who will agree instead of ineking conatruction loano from 3-1/3 to 4 pointa~ to niake the construction loan with 1 point for an adminietration fce which will save approximataly 3X or ~150,000 on a~5~000,000 loan and inetead of having to pay approximately 1/2 to 2X ebove the take-out rate Eor the con~truction period~ the intereet rate would be only 2X above the coet of money to them which means interest nf lO.SX inetead of 1bX. He explained the permenent financing far the 3 to S yeer leasing period would be at the then prevailing osarket rate~ leee up to SX~ go if a loan was 13~1/2X~ it is quite poeaible the developer could get that brought down to ae low ae 8-1/2X. He etated no developer can build an apartment complex or condominium pru~ect at '13-1/2z. Mr. Belle etated the greed element hae to be conatrained to make thie permanent aolution to the houeing problema work~ so certain voluntary conetrainta muat be buil[ in~ such as~ the developer can get no more than a lOX fee for the conatruction, which ie coneiderably lower than normal; and thet normally x d~veloper will finance a project es m~ich as poeeible (75 to $OX to loan value), tiut with the Nplper Program, the devel.oper muet be limited to financing based on e value as an apartment building which meane the loan would not be for 6.4 million dollara~ but would be for 4 million dollars; and that the developer cannot earn more Chan a SX cash-on-cash return on his inveatment in order to keep the lease retes doari. He stated the developera would be willing to meke theae sacrificea so Chat hopefully they would be able to make a nice profit on their investment in the future. Mr. Belle stated [hree yeare following the completion of the pro~ect and no later than five years~ the developer would place the pro~ect on the market for sale and must make the pro,~ect available to the tenante living there at a very aubatantial reduction in cost; that a person living there no lese than one year, would qualify for a SX reduction of the market ratN; that a person living there two yeara would qualify Eor a 7-1/2X reduction and a person living there thsee years or more would quality for a lOX reduction. He explained the tenants will have the right to secure an appraisal if they do not agree with the developer's appraieal rate and if the appraisera don't agree, a third appraiser would be hired. l~e etated a 369,900 unit could be purchased by a peraon who had lived there for three yeara for s62,000 and a ~89,000 unit could be purchased for ~80,000. He atated the reseoa the developera would be able to do thia ie because no lesa than 60X of the tenents will become owners and when they become ownere that meana that 60X of the pro~ect will not be required to pay the real estate commission which ia from 3 to GX and thece will be no merketing coFta involved which is aaother 2 to 3X and there will also be no renovation coeta. He etated the ma~ority of the people are no[ quite ready to purchase the unit~ but with this program, they will be placed on a lease with an option to buy and they vill be given professiona2 counaeling on hoa Co prepare for home ownership, financially and emotionally, and they will come into the project as ownere and will operate by the same type by-laws as a co:dominium and they would ~ecome a member of an association and they would have a tremendous pride of ownership which would eliminate a lot of management problems. MI_NUTE3~ ANAHEIM CITY pI,ANNING COMMI38ION, MARCH 21, 19$3 83-166 Mr. Belle •tated 100X of thase unf.ta would be affordable in torme of tha 1aa.ing period and would qualify on the market today in tl~e affordable renge. He •tated Commi~sion would ne~d co put ths teeth into this pro~act to make cartain the doveloper could not put the pro~ect on the market in one year at a normal prica. He stated the Gener~l Plan would allow 669 unite ae an apartmmnt complex and a condominium pro~ect would be allowed with g 25X bonue at approxiroatnly 334 units and they are requeeting 432 units. Mr. Belle etated they held two moetings with the homeownere in the area and diecuaaed the plane with them and incorporated their concerns into ttie project. Ne atated there !e one major problem which they would hape to mitigete regarding vehtcular access of two of the etreete. Aonna Westbury, 3434 Thornton~ Anaheim, ataCed they are very much opposed to the median propoaed in Knott Street because they would not be able to make left turne frnm Thornton and Brady. Paul Singer, Traffic Engineer~ stated the idea ie to provide for safe left in and out turns from both Brady and Thornton and the ieland ia needed to preclude co~flicting turns from thie proposed development and will not in any way preclude free motion from Brady or Thornton. M~. Westbury aeked what would atop a developer from coming back to th~ Commiasion or Council for another var.iance ei~ce the project ie going to be built in £our phases and atated they would like some guarantee that this would not happen. Nora M~g~~, 3427 Thornton~ stated ahe ia not opposed to this project~ but that she did epeak with the Traffic Department [hia morning and was not told the same thing Mr. Singer has just said and wae told there is no definite plan at thie time and that it would be worked out at a later date and all the neighhore are quite concerned about the eituation. 5he atated they would like to keep ingress and egrese on both streets. Herb Hutchins, 3408 Brady, Anaheim, a handicapped pereon speaking from the audience~ stated he and his wiie have lived in this home since 1954 and do not think it is right to have this great ~ density for the people Who have lived there for all theae y~ars because the deneity does cau~e problems and he does not want to have any problems. Windflower Ocho1~~ 1330 Oriole StreeC~ Maheim, etated they did meet with the builder and were impresaed aith the plans, but are concerned about the denaity becauae this would bring at least 1,000 people into the area and they do not know what it will do to the echoo2s~ etc. even though the plana discourag~ pe~ple with children. She stated they think this will be a quality pro~ect, but are concerned abdut the density. Chrie Riggins, 3614 Kingeway Avenue~ Anaheim, stated he hae lived at thia property for three years and has watched plana for development of this achool aite come and go; that he is not againat the pro~ect and has been to both meetings w3th the developer and basically this souada like a good pro,ject. He etated right now the aub~ect property has a lot of high weeds and it is beiag used ae a motorcrose track. MINUTE3 ~ ANAHEIM CITY__PLANNINC COMMI38ION~ MARCN 21, 19$3 83-167 Jack White auggeeted en edditional condition ba added that relatae ro tha den~ity bonus which would r~quira that tho developer/owner enter into an agreement with the City~ in e form approved by the City Attornay, to maka 100X of the unfts available to pereone or familiee of low or moderate income ae set forth in the Government Code Section 65915 f.or rental or eale unita for a period of five yeare following the date of their origingl occupancy. He stated that would allow the unite to be continued either as rental units or sold at any time prior to the five year expiration ae long ae the sale would be to a person of low or moderate income. He etated he believes that control is neceseary in order to qualify the pro~ect for the deneity boeus and the five year control ie the etandard time limit ploced on these projects. He atated after three yeara the unite cauld be aold within Che parametera of this condition, but after five yeara the controle wauld be dropped. Mr. Belle clarified that the low to moderate income guideline ia based on 120X of inedi,~-' income and etated that would fall in Line with their intent. He etated the Helper Program muat have a lot of conatraints and the condition would be one of them, and thie may became the next housing bill an a Federal basie, so there muat be some way to make aure that once the pruject ie built~ the developer cannot deviate from the int~nt and to prevent further variances from taking place. THE PUBLIC HEARING WAS CLOSED. Commissioner Herbst stated a 38X bonusMe id being requested and the City has not been granting anything above 25X. He stated he feele this ia an apartment complex and it isn't a condominium although he recognizea theee will be rented out as apartmenta with an option to buy and eince they will be bought~ he felr the project must c~me closer to the condominium ordinance. He etated there is a diatinction in Anehetm between an apartment and a candominium. He stated he felt thP approach 3e right~ bu[ gpproval of ehis type density would open a pandora's box all over town. Commisaioner Bouas asked if the renters who become membera of this asaociation would pay a fee. Mr. Belle reaponded they would not pay a fee. Commiseioner Bouas stated wlnen they are ready to buy their unlte in five yeara~ there would not be a build up of funde to take care of maiutenance. Mr. Belle stated all the coets for maintenance would be the reaponaibility o£ the developer during that three year period. Commieaioner Bouas atated all the people are not going to buy a unit and when there ere renters, there is a lot of wear and tear oa the unit in five years~ but not much during the firgt five years. She atated there woul•3 be no funds when it does become their property. Mr. Be21e stated renters would be paying into a fund, only it isn't called an asaociation, but ia a fund aet up by the developer and is built into the rent aad when their property is turned over to them, if Chere are any exceas funds, they would be turned over to the association, but that the building will be in excellent candition. He atated theae tenants will have a say in the maintenance and upkeep af the property. MINUTE3. ANAHBIM CITY PLANNTNG COMMISSION~ MARCH 21L_1983 83-168 Reaponding to Commis~ionar Bouap~ Mr~ Belle stated the renta would be approximataly ~470 per month for a nne~bedroom unit and ~565 per month for a two-bedroom~ two-bath unit, aud the larger unit with the den would be 3625 par month one year from now and theae rar~ts do qualify 100X of tha unite as affordable. He stated thera will be four awimrning pools~ four ~acuzsi~s, four clubhousea with pool r.ooms and saunae and a great deal of open area between the units. He atatec! each one will havcs a private patin end it ie poseible there will be eome atreams, economics petmitting. Mr. Belle respanded to Commisaioner Buahore that they would be filing one tract map. Reeponding to Commiesioner I,a Claire~ Mr. 8elle atated they have ao guarantee for financing three to five yeare from now~ but can guarantee that w!th a lOX reduction off the price of the property, the tenqnta will moet certainly have a favorable down payment and a higher percentage of the people can qualify and paymer.ta would be lOX leas. He eteted they feel in three yeare there will be a leveling off and better financing available. He stated the developer could carry back a aleeping second which would bring the effective payment rate down below the market rate, but they cannot guarantee what the lending situation will be. Reaponding to Commiesioner Herbat, Mr. Belle atated the selling pricea will be based on the then prevailing merkec rate~ less upwards to 10X depending on how lang they have lived in the unit. Commiseioner HerbsC stated the Helper Pragram criteria states on Page 1, Ztem E~ that the pro,ject must meet all condominium ordinance requirements of the respective communities and thi.s project does not quite meet Maheim's reqi~iremente. He steted the Commiseion has been very leniEnt~ but feela that 38X ie not meeting the City half way. Mr. Belle etated they have made every poseible effort to meet the City half way; that Che General Plan provides for 36 units per acre and they have lowered that to somewhere betwean the apartment houae and condominium deneity atandards. He stated condoainium requiremente are 14 to the acre and moderate or affardable units cannot be built ~o thoae etandards~ so there needs to be some sort of adjuatment if moderate or affordeble housing is desired in this City. Cammtasianer La Claire atated there are meny inflated land values and if the land ie reaeonably priced, condaminiums could be developed to condominium etandards. M,. Belle atated the cost of land is a aignificant facCor, but even with the land cost brought down, if the developer did not build according to the market~ he could throw away any advantage of lower land couts. Commiaeioner Le Claire asked if the developer had gny problem with the condition of entering into an agreement with the City agreeing to sell the units at an affordable race. Mr. Belle steted for the pro~ect to survive~ the Commiesion muat include etrong conatrainta and this condition ie one way to guarantee thl~ it is an absolute must. MINUTES~ ANAHEIM CITY PLANNING COMMISSION~ MARCH_21 _1983 83-169 Commi~eioner Herbst reeponded to Commioaioner King that he did not think the pro~~ct ehould exceed 25X density bonus. Mr. Belle statad he would agree if thie wae ~uet another request~ but thia is a totally unique approach to houeing and it is not a condominium in the trueat eenae of the word and is aot an apartment in its trueet senae of the word, but is a tailor made pro~ect with great eacrifice from a great number of people and it could solve not only the rental houeing but the sale housing problem. He atated it could be a precedenC setting eituation which could be e problem; however~ it could be a plua if there are other developere who would undertake the sacrifice and build the type of volume housing needed to eliminate the houaing prohlem and if that wae the direct reaulC of an innovative idea enacted by the City of Anaheim and dupliceted thcoughout Che countr,y, it would be a concept worth considering. Commiasioner Herbat etated developers usually Eigure pro,jec~s to the minimum etandarda and thia ia an apartment house considering those minimums, because of ite mode of construction and accesa to ti~e project. He etated Anaheim has been one of the for~moet ci.tiee in developing afforduble pro~ecta and the condominium ordinance has been reduced fram 4,000 to 3,000 equa:e feet and this is down to 1874 oquare feet and that this wauld certainly set e precedent because contractors do research the Planning Cvmmiseion actiona. He etated he would be ver.y reasonable wit.hin the constraints of Code, but felt thie is ~uet taking it too far. Commissioner ta Claire stated she really eees a need for this kind of development; however, the Commisaion has been adheri.nq to the City Council's direction. She etated she knows the market is different and this pro~ect is different and ahe underetands what the developer ie trying to accompliah and she underatands the City will not be able to get affordable units unleae they do conaider this kind of density. She etated the Commission could deny the request and the pro~ect conld be coneidered by the Council. Commiseioner Herbet stated he did not think thia project abides by the City's previoua commitments to the people of Maheim and if it is going to be an apartment~ it should be conaidered as an apartment. ^,ommissioner King euggeated reducing the deneity. Mr. Belle stated lowezing the den~ity would affect the return on their already huge investment and put preasure on [ceeping the lease amounts in the affordable range and keep the for sale aspect out oE the affordable range. He stated for example, if the density vas 18 uniCe per acre, that would be ~17~000 to $18~000 per unit land cost which would eliminate the vie~ility of affordable, and with 23 units per acre the cost wnuld be approximately ~14,000 per acre and he believed the intent of the 25X ~~nus ie to encourage affordable houaing and if 25X equals 3.5 unite per acre~ why not take advantage and double or triple the ?.SX, providing the developer increaaed the guarantee of affordability proportionately and noted this is coming in et 100X affordable. He stated it is poseible en ad~uatment could be made and aoted this program is a prototype thet wrill go way beyond the City. Commissioner Herbet clsrified thie will be the firat product of this type their coIDpany has developed. MINUTE3. ANAH~IM CITY PLANNING COZQlI~S:ON~ MARCH 21~ 1983 83-170 Coma-isaioner Bushore statad 2-1/2 to 3 yeara ago thie City did grant dan~ity bonueea with tha firqt ona being for 144X and there wer~ eome real concerna which ie why the 25X maximum wae devaloped. He stated this devaloper wa• hnre about 10 montha ago for the project on Creacent end the City Council approved !t without any affordable uniC~ ih the extra unita nnd the Council and Commiesion liked that pro~ect and now the Gommieaion ie looking at thia as an apgrtment project and he tho~ght the Commiseion would deny it or eak the developer to reduce the deneity. He atated he felt the Commieaion really neede to eee what type of agreement the houaing etaff could come up with regarding constrainta. He stated developera of the firet pro~ecta are etill trying to sell the units becauee they d~d nat have their finencing lined up etc. and there are pricing conetreinta put on them and then the interest t•ates skyrocketed and they ere atill being hurt by those intereet rgtea because they hed agreed to 100X affordable~ but then could not get the Fannie M~ae ineurance. He stated Che Commission doea not even know if thie developer would be able Co agr~e to the price of the houses Che ataff would e~t and felt that should be explored because it the pro~ect ie going tu go ahesd, there hae to be certain controls. He stated if this ie Approved, it will aet a precedent becauae it is an apartment complex and it does not meet tl~e Codes. He sCated he thinke the pro~ect needs more atudy. Mr. Belle stated hc would be happy to meet with the Houeing Department to aee what conetraints can be incorporated to lock in the ingrediente of this Helper Progrr~m and it ia poseible Che program could work with a lower density if the leasing period was longer than three years. Commiaeioner Bushore etated he ie aleo concerned because these affordable unita are not selling and he felt there are indicatiAns that the housing slump is recovering s7.owly~ but even th.~ County is debating whether or not they want ta have their inclueionary zoning because it haen't Worked. He etated the County ended up creating an underground ~nerket of affordable units becauae the developer could propose 100X affordable in a County territory and was given credita which he could then market. He atated he is aot aure there is a need right now for affordable units because thoae that are there are not being sold. He suggested the developer do more research t~ determine whether or not he really wanta to go ahead and enter into an agreement. Mr. Belle stated approximately SOX of the housing built by Staee-Wide Developezs has been sold within the category of affordable by price~ but not by agreement. Ann.ika Santalahti, Aaeistant Director for Zoning, explained when the City Couacil orig~nally developed the policy establiahing 25X as the maximum amount of dwelling units above the Code, when 25X of the units were aet aside ae affordable, a good part of their reaeoning wae that anyone could a~k for infinite numbera of waivera or densities and then argue that they only had to aet aside 25X of the unite for affordable~ so the Coanctl established the policy and~ eubsequently, diecovered that the regulatory methoda by which the Citq could retain those units as gffordable were being legiRlated out from under them and eeveral projects with deneities over 25X~ in fa~*~ ~~ere originally agreed to when the City believed it had a longer term for retaining the units in the affordable range beyond the tnitial eale and some membera of the Council were disturbed tQ find they weuld have less thxn five yeare worth of affordable houaing. 83-171 MINUTES~ MIAHETM CITY PWINNING COliMISSIUN MAACH 21 1983 CoAmit~ioner Mc~urney ~~ked if thaea unit• could ba sold in iive y~ar• a~ condominium~ if approved aN pr~aented. pean gherar~ Aesocista Planner~ stated thtl dmvelopor would n~~d approval of x tentative tract map propo~ing ~ c:ondomintum eubdivi~ion in ordar For th~ units to b~ eold as oW^er occupiad condominiums. Annilui Santalahti stated;,~~ devaloper recacdad a tract msp on the proparty, he could sell it and the ongoing ownership ~+ould not have to be individual ownerehip; the8rahae theydlike~andttthenraall~thamrastindividual. unitsartmants for es manY Y Mr. Be11e re einstDe grtmenteto seecifuthey can plug up someuof the holeecin with the Hou g p8 their. intent. Chairman Pry etated Commission's conr.erns ara the deneity; that the ma~ority of the Commiselon eeems to feel this ie an apertment project; that he is concerned about the tandem parking ~~a inatedf che number of unika a+~""'~~duced meybe eome tandem parking could be elita Commissioner Herbet stated if the number of units wns reduced, othec waivers could be etiminatoalJ be demonstratedifor grantingcwaivers~ly ehaped parcel and no l~ardehip c ACTIpp; Commissioner King offered a motion, seconded by Commisgioner McBurney and MOTIONtoAtheEregularly~scheduled~meetingeoffApriln4~~1983,aatetheerequest continued ot the petitioner. RECESS: There wa:• ten-minute recese at 3:35 p.m. RECONVENE: The meeting wes reconvened at 3:45 p.m. ITEM N0. 8. EIR NECATIVE D~CLARATION, WATV~R OF CODE IREMENT ANU CONDITIVIVwi. ua~~~~+~~• • ~~~ • -' PUBLIC HL'ARING. OFTNER: LARRY R. SMITH, 17046 Marina Bey Drive, Aunting1550 VERMAN~ Beach, CA 92649. AGBNT: FOSTER 6 KLEISER CO., ATTN: ROBERT J. W. Washi.ngton Blvd., Loe Mgeles, CA 90007. Property deecribed ss an irregularly-ahaped parcel of land consistina of approximately 1.59 acres on the north side of Ball Road, approximately 205 feet west of the centerline of Knott Street. To permit a billboard in the CL 2one with waivers of: a) maximum disolay area and b) maximum height. There were three pereons indicating their preaence in opposition to Rubjec* request and althougii the ataff raport was not read, it ie referred to snd made a part of the minuteg. Rob Verman~ egent, aas present to answer any questions. MINUTES. ANAN&IM CJTY PLANNING COKMISSIOI~~ MARCH 21~ 1983 _,w, 83-1i2 Ron sell~~ ~uperint~ndent of Pay and Play incocporatsd~ op~rator• ot tha racquecball facilitie• on eub~~ct site~ st,ted they havo a long tarm ~round lea~~ with the ownar and ara opposed to the propo~ed sign due to th~ir 20~• of visibility and hardahip for their busine ~e~ He etatad thay o~ly have • sign on the buil.ding. He st~ted khey are also oppoeed to tha placing of any more billboard• at that intarsection and alao wuuld lika tha raquaot dani~! bacause it i~ nat known what tha future developmant of the proparty would be, and future busineeses would need eigne. Joyce Kietter, Truetee for the Union 011 9crvice Station~ steted sh~ lives at 716 S. Kenmore~ Anaheim end .t• opposed t c the sign b~cauee it ie juet a driveway away from her property and the ra are already two ef.gr.s on the weat and ~orth end ehe felt that is suff:cie n t~ Chris R~ggina~ 3614 Kinga Way Avenue~ An,aheim, stated he te opposed to the billboard in the midd~e uf a reeidentia 1 houeing tract. Mr. Verman stated Ball Road is not a re sidential housing tract. Ha atated the operatnre of the racquetball Eacilitiea muet have been aware when they built thelr facility that the property would be developed and theic viaibility would be taken care of. He atated he did not think this sign will block their visibility and when the property is developed~ the billboard will undoubtedly be re~ov~d. THE PUBLIC HEARING WAS CLOSED. Commisaloner La Claire sta[ed the City t~as a sign ordinance and ie trying very hard to clean up the City and remove the eigns and keep eigna at a minimum and ~~ery rarely grants a sign variance. ACTION: Cnmmisaioner La Clatre offered a motion, eeconded by Commissioner Her st and MOTION CARRIED~ ChaC the Maheim City Planning Commission hae reviewed the propoeal to permit a bill boerd in the CL (Commercial, Limited) Zone with waivera of maximum display a ree and maximum height oa an irregularly-shaped parcel of land cons ieting of approximately 1.59 acres having a frontage of approaimately 225 feet on the north side of Ball Road. approximately 205 feet west of the cen terline of Knott Street~ and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the bas ie that there would be no significant individual or cumulative adverse environmental impact due to the approval of thie Negative Declaration aince the Anaheim General Plan designates the sub~ect property for general cocomercia 1 land uses commenaurate with the proposal; that nu sensitive enviranmen tal impacts are involved in the proposal; that the Initial Study aubmi tted by the petitioner indicates no eignificant individual or cumulative adveree enviroamental impacts; and that the Negative Declaration substantiating the foregoing findings ia on file in the City of Anaheim Planning Departmen t. C4mmissioner I.a Claire offered a motic~~n, seconded by Co~misaioner McBurney and MOTION CARRIED, that the Anaheim City Flanning ~ommiseion doea hereby deny the request for waivera of code requirement on the basis that no hardship pertaining to the size, ehape, tapography~ location and surroundings of subject property was demonstrated by the petitioner. MINUTE3. ANANBIM CITY PLANNING COMMISSION, MARCH 21~ 1983 d3-173 Commis~ioner La Clsire offered Re~olution No. PC83-63 and ~oved for it• p~e~age and adoption that ehe Maheim City Planning Cammisrion doae heraby dany Condition~l Use Permit No. 2428. On roll call~ the foregoing re~olution was passed by the following vota: AY~S: BOUA3~ BU3HORE, FRY~ HBRBST, KING~ LA CLAIRE~ MC BURNEY NOBS: NONE ABSENT: NOPIB Jack White~ Aeeistant City Attorna;•, preeented the written right to eppeal the Planning Coromieaion's decision within 22 deya to the City Council. ITEM N0. 9. REPORTS AND RECOMM~NDATIONS A. CONUITIQNAL U3E PERMIT N0. 2300 - Request from Michael L. Crowe Arita Salea Co., for an extension of time for property loceted at 2720 Eaet Regal Park Drive. ACTION: Comraieei~ner K.ing offered a motion, seconded by Commiesioner McBurney and MOTION CARRIED~ that the Maheim City Plenning Commiasion does hereby grant a retroactive one-year extension of time for Conditional Use Permit No. 2300 to expire on March 8, 1984. B RECLASSIFICATION N0. 78-79-18 - Requeet from Harry A. Tod, Tod Houeing, for an extenelon uf time for propecty located on the west aide of Bubach Street, approximately 560 feet north of the centerline of Orangethorpe Ave:~u~. ACTION: Commissioner King offered a motion~ seconded by Commiasioner McB~rney and MOTION CARRIED, thet the Maheim City Planning Commiesion does hereby grant a retroactive one-year exteneion of time for Reclaeaification No. 78-79-18 to expire on Novembe~. 20~ 1983. C. ABANDQIQMENT N0. 82-9A - Request from Arlyn Toave, Melodyland Schools and Colleges to abandon a portion of a 6-foot unrecorded electrical easement located north of Katella Avenue and west of Clementine Street. The easement formerly belonged to Southern California Edison Company and was ecquired by the C3ty of Anaheim through condemnation. I:: was noted the Planning Director or hie authorited representative has determined that the propoeed pro~ect falls within the definition of Categorical Exemption-Clase S, ae defined in the Stete Environmental Impact Report Guidelinea and is, therefore, categorically exe~pt from the requirement to prepare an 3IR. ~~ MINUTES AtiAHBIM CI'1'Y pLANNil~C CW41188IOp MAAC~ Z1 1983 83-174 ACTIONs Co~si~~ioa~r Kin~ oft~r~d a~otioa~ •~cond~d by C~'~~ion~Y ltc8usn~y aad MOTION CAARISD~ that th~ Attah~i' City Plaanf.n~ do~~ h~reby r~co~nd to th~ City Councii that Abecufoamaat No. 82-9A b~ approv~d as r~c~awnd~d bq th~ City Engin~~r . MJOURNt~NT= @otioub•ascoad~dubyhComvi~sioner iCi gisadQMOTIONrC~AR1tIBDerthat tha ma~tin~ b~ ad~ournad. Tha meaking wa~ md~ourn~d •t 4t10 p.m. ltespactfully submittad, ~d~ .t~ ~~~- Edith L. Harris~ Secret+-ry Anaheim City Planning Comais~ion EI.H : lm 0438H