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PC 1984/03/19KEGULAR MEBTING OF TE~E ANAHEIM CITY PLANMING COMMISSION REGULAR MEETING Tt~e reg~lar meeting of th~a Anaheim City Planni.ng Commission was ca.lled to acder by Chairwoman 6ouas at 10:00 a.m., March 19, 1984, in the Council Chamber, a quorum being aresent and the Commission reviewed plan~ of the items o,. .oday's agenda. RECESS: 1::30 a.m. RECONVENE: 1:30 p.m. PRLSF.NT Chairaoman: BouAs Commiasioners: Bushore, Fry, Herbst, King, La Claire ABS~NT Commisaioners: McBurney ALSO PRESENT Ronald Tt~ompson Annika Santalahti Jael Fi~k Jack White Jay Titus Paul Singer Greg Hastings Gdith E~arris Ylanning Director AasistanL Director for 2oning AssisCant Director for Planning Asaistant City ALtorney Office Engineer Traffic Engineer Assistant Planner Planning Commission Secretary APPROVAL OF MlNUTES: Commissioner K.ing uffered a motion, secanded by Commissioner Fry and MOTION CARRIED (Commisaion~r Hesbst abstaining on February 22, 1984, and Commissioner McBurney abstaining on March 5, 1984, minutes), that the minutes of February 23, and Mac~h 5, 1984 be approved as submitted. ITEM NOS. 1 THROUGH 11 WERE CONSIDERED TOVETHER: ITEM NO 1. EIR NEGA':IVE DECLARATION, WAIVER OF CODE ~tEQUIREMENT ANt CONDITIONAL USE PERMIT N0. 2446: PUgLIC HEARING. OWNGRS: RICHARD C. HUNSAKER, P.U. l~ox 2423, Santa Ana, CA 92707. AGENT: REGENCX OUTDOOR ADVERTISING, INC., 8820 5unset Boulevard, Suite F, Los Angeles, CA 90069. Property described as an irregularly-shaped parcel nf land consisting of approximately Q.65 acre locatec] at the northwesterly terminus of Regal Park Drive, 2~UG Regal Park Dri.ve. To permit a billboard in the ML Zone with waiver•s oE minimum structural setback and maxi.mum height. Continued from February 6, 1984. 84-121 3/19/84 MINUTES. ANAtiF.IM r.I~'X PI.ANN~NG C~MMISSION, MARCH_ 1_9, 1984_____ __ 8A-122 ITEM N0. 2. EIK NEGATIVE DECLARATION, WAIVER UF CODE REQUZR~MENT AND CONDITIONAL USE PE~tMIT N0. 2447: PUBLIC UCAItING. OWNERS; ABJ DEVBf.OPMENT~~ 301 N. Rampact Street, Orange, CA 92668. AGENT: REGENCY OUTDOOR ADVBRTISiNG, INC., 8820 Sunset Aoulevard, Suite F', Los Angelea, CA 90069. Property de~scribed as an irregularly-shuped parcel of land consisting of approximately 1.1 acres, 1U10 Grove 5treet. To permit a hillb~ard in the ML Zone with wai•~er of maximum heighC. Continued from FPb~uaKy 6, 1~84. ITEM Nq. 3. EIR NGGATIVE DFCLARATION, WAIVER flF COGF. REQUIREMCNT AND CUNDI7'20NAL USE PERMI'P N0. 244d: PUBLIC HEARING. OWN~RS: DON V. ANll GARNE7' A. EDMUNDS, 18682 Mesa Drive, Villa Park, CA 92667. AGEN~': REGENCY OUTUOOR ADVERTISING INC., 8820 Sunset Boulevard, Suite F, Loa Angele~, CA 9Q069. Property described a~s an irregularly-shaped parcel of land consisting of approximately 1.9 act_s located At the northwest corner of Tatt Avenue and Eaton Wr~y, 2691 ~. Taft Avenue. To permit a billboacd in the ML Zon~ with waivera oE permi.r.ted location and maximum height. Continued from Feuruary 6, 1~84. I'rEM N0. 4. EIk NEGATIVE DECGARATIUN, WAIV~:R U[~' CODE REQUIRBMENT AND CONDITIONAL USE YERMIT NU. 2449: PUBLIC H6ARING. OWNERS: E.B.H. PROPERTIES, 1274 Sunshine Way, Anaheim, CA 92806. AGEN^~: REGENCY OUTDOQR ADVERTISING, INC., 8820 Sunset Boulevard, F, Los Ange~es, CA 90069. Property described as an irregularly-shaped pazcel of land consisting of approximately 0.9 acce, 1281 Sunshine Way. Tu permit a billboard in the ML Zone with waivers of minimum structural setback and maximum height. Continued from Fet~ruary 6, 1984. ITEM N0. 5. EIR NEGAZ'IVE llECLARATION, WATVER OF CODE REQUIRFMF.NT ANA CONDITIONAL USE PE;RMIT NO. 2450: PUBLIC HEARING. UWNERS: CONSOLI, McCOM~ER, MGCUBBIN INV~STMENT, CO., 1274 Sunshine Way, Anaheim, CA 92806. AGENT: REGENCY OUTDOOR AbVERTI5ING, INC., 8820 Sunaet E3oulevard, Suite E, Los Angeles, CA 90069. Property described as an icrey larly-shaped parcel of land consisting of approximately 0.6 a.:re, 1270 Sunshine Way. To permit a billboard in the ML Zone with waivers of minimum structural setback and maximum h~ight. Continued from February 6, 1984. 3/!.9/84 MlNUTES, ANAHEIM C1'!'Y PL~ANNING CQMMISSION, MARCN l9, 1984 84-I.23 IT~M NO. b. ~IR NEGATIVE DFCLA1tATION1 WAIVER OF COUE REUUIR~MENT AND CONDITIUNAL USB PEKMIT N0. 2~5~.; PUfiLIC NBARING. OWNERS: BkISTOL COM~A~VY, z0899 Wilahire Boul~vard, Suite 933, Los Angeles, CA 9d024. AGENT: REG ENCY OUTDOOR ApVEHTISING, IN~., 8820 Sunr~et Doul^vard, i.oe Angeler~, CA 9U069e Propecty desccibed as an ir:~agu7~rly-ahaped parcel of land con~is ting of approxim~hely 3.1 acres, 2311 to 2323 West Le Palmu Avcnu~. 'I'o permik tw~ ( 2? bi.llboArds in thh ML 2one with wfiiver~ oE minimum structural setback and meximum height. Continued fram Febru~ry 6. 19d4. IT~;M NO. 7. GIR NEGATIVE DECLARAZ'ION, WAIV~R UF ~ODE RE'~UIREMENT AND CUNI)ITIUNAL U;;E P_ERMIT NU. 2452; P~HLIC HEARING. OWMERS: MAX c:UYiEE2, ET AL, 27520 Hawthurne qoulevord, Suite 1A8, Palos Vecde:~ Peninsula, CA 90274. AGENT: REGENCY OUTDOOR ADVEP,TISING, INC., 8820 aunset Boule~~ard, Suite (', Los AngeleA, CA 900G9. propprty described as an irregular.ly-shaped parcel of l,nd conoisting of appcoximately 8.4 acres loc~L-ed t~t the northwest carner ot .iralomn Avenue And Blue Gum Street, 1311-1347 Blue Gurn Street. 'I~o permit a Lillboard in the ML Zone with ~aiver of m~~ximum heiyi,~. ' Conti~ued fr~m February 6, 1984. I1'EM NU. 8. EIR_NEGATIV~: DECLARATJON, W AIVER OF COUE R~QUIREMENT AND CUNDIT'ION.~~ U5E PERMI'P N0. '153A : PU[iLIC HEARING. UWNERS: RAPT CUMPANY, 5031 Birch Str~~~t, Newport Beach, CA 926G0. AG~NT: REGENCY OUTDOGR AAVERTISING, INC., 8820 Sunset Boulevard, 5uite F, Los Anyeles, CA 90069. uroperty descr;bed as an irreyu~arly-shaped parcel of la~d consisting o£ approximately 10.6 ucres, 2930 ~ast Katella Avenue. To permit a billboard in the ML 7,one witt~ waivec oE maximum height. Continued Erom rebruary 6, 1Q84. ITEM N0. 9. EiR NF.GATIVE DECLARATION, i-iAIVER 0[' CnDE RE(~UIREM~NT AND CUNDITIUNAL USE PERMIT NU. 2535: PUBLIC HEARING. UWNE1tS: WALTER T. ERICKSON, ET A1., 185U 5. Anahei~~~ Boulevard, Anahei.m, CA 92805. AGENT: RE;GENCY OUfiD00R ADVERTTSING, INC., 8820 Sunset Boulevarcl, Suite P, Los Angeles, CA 90069. Property described e,s an irregularly-shaped Faccel of land consis ting of approximakely 0.5 acr~e, 1850 South Rnaheim Boulevard. ~`o permit a billboard in the ML Zone with wa~.vers ot mintmum structural setback and maximum heiyht. 3/19/84 MINUTES, ANANEIM CITY PLANNING ~OMMISSION, MARCH 19`,1964 _________ 84-124 Cantinued Erom February 6, 1984. ITEM NO, 10. EIR NEGATIVE DEGI.ARATION, WAIVER OE COQ~ REQUIREM~NT AND CONDITIOtJAL US~ PF.kMIT NU. 2536: PUBLIC HEARItiG~ OWNEftS: JOkIN C. AND EVELXN ADAMS, 23075 Via Santa Marld, Miesiori Viejo, CA 92691. AGENT; REG~NCY OUTDOOR ADVERTISING, INC., 0820 Sunset G~ulovacd, Suitp E', Los Ang~lea, CA 90069. Propert.y deocribed aR an irregulacly-ahaped parcel of land consisting of aPproximately 0.8 acre, 1845-184~ South Manchester Avenue. 'ra permit ~ bil.lboArd in the ML 2one with waivers of minirtium etructural setback and maximnm height. Continued from Eebruary b, 19f34. ITEM NO. lJ. I'IR NEGATIV~ DECLAItATION, WAIVER UC CODE REpUIREMENT AND CONDITIUNAL '13~ ?,_;_'e'E2MIT NU. 2:~37: PUI3LIC HEARING~ OWNEH.S: KENNe:TN KEBSEE, 1928 s. Anaheim Roulevaxd, Anaheim, CA 92805. AGGNT: REGENCY OUTDOOR ADVERTISING, INC., 8820 Sunset Boulevard, Suite F, 'oa Angeles, CA 90069. ~roperty described ~~s an irregularly-shaped parcel o~ land consisting a£ approximately 0.94 aarc, 1922-1428 South Anaheim Bo~levard. Ta ~ermit a billboard in the ML Zone with WL.~VCCE of minimum structural setback and maximum height. Continued from February 6, 19~~!. Floyd L. Facano, agent, l0U S. Anaheim Blvd., Anaheim, explained he had submitted a letter rec,uesting a two-wee~ continuance, however, since the ordinance will not be ready, he thought it would be more appcopriate to request a cour-week aontinuance. Annika 5ar.talahti;: Assistant Director f.'or Zoning, explained the draft ordinance should be ready ror the next meeting in two weeks for Commission's revitw and submitted to the r.ity Council one week later. Jack White, Assistant City Attorney, explained any approval before adoption nf the o:dinanc~ could be subject to the provisions of the new ordinance. Floyd Farano replied they would give the Commission and Cuuncil an appropriate period of time ro review the urdinance, bu~. that tt,e appiicant would like to move along as quickiy as posaible. AC'rION; ~ammissior~ec King off.ered ~ motion, sec~n~ed by Commissioner McBurney and MOTION CMRIEU, th~~ conside_..ti~,n of the aforementioned matters (Items 1 througt~ 11) be continue~ to the meeting o£ April 16, 1984, at the request of the petitioner, 3/19/84 ~ lIINUTES, ANAHEIM CITY PLANNTNG COMMISSION, MARCH 19, 1984 84-125 ~TEM N0. 12. ENVIRONMENTAG 1MPACT ItEPORT NO. 2~6 (FR~V. APPROV~U~, WAIVER UF CODk REOUIREMBN7,'AN D CONDITIONAI '~E F~ERMIT N0. 2541 FUBt,IC HEARING~ OWNBftS: KA2SER D~V~~OPMFN~r cOMPANY, ATTN: CLINTON DAV:[S, P~O. box 308, Carlsbad, CA 92008. Proporty de~cribe~i As an irregularty-shaped parcel of land consisting of approximately 3'1.2 acre~ locatpd At the aouthwest cor7er af Santn Ana Canyon Road ond Weir Canyon Road. To permit an 18-lot, planned commercial office and light ind ustrial complpx that includes a hotel, reataur~nt and dr.ive-through f;nancia 1 inal•itution with M.-iver of maximum builcinq height. Continued from February 22 and Macch 5, 19Ei4. ACTIUN; Commiselr~net F~inq oEfAred e moti~n, seconded by Commissioner Fry and t102'IGN CARRICU, l:hat con~ideration of the aforem~ntioned mattec be continued to the meeting o[ April 2, 1984, in ocder for stafE to review and analyze additional dc;cumentation and inF~,rmakian tl~at han been submi tted by Lhe applicant. ITEM NU. 13~ EIR NE:GATIVE UECI.ARATION ANU CONDITiONAL USB PERMIT N0. 2544 ~UBLIC HEARING. OWMERS: ELLA WNI'i~E YOUNGRI,UUD, 8450 Wells road, Weatminsker, c:A 926a3. F-~petty desaribed as a rectanyularly-shaped parc~l of land conttistinq of approximaL•ely G540 syuarP feet located at the s outhwest carner of Arlingtan Avenue and Minteer Stceet, .1249 North Ntinteer Stcee;:. To expand a rtate-licensed ce~idential facility providing ca re and supervision for a maximum ~~E' 13 adu.lts. TF,ere were approximately eighteen persons indicating their p resence in opposition to aubject reque~t .~nd althouyh t:he stAff report wae not read, it is ref~rred to and made a part of the minutes. Fred Youngblood, 8450 We1J.s Road, Westminsker, ownec, was present to answer any questions. Jesse L. Vance,l,239 N. MintE~r Street, Anaheim~ read a lett er she had ~ubmltted to the Planning Commissi~r~ dated March 15, 1984, indicating oppositi.on to the increased densiky on the property and pointed out there is one inoperable vohicle curcent.ly sittinq on the driveway at subject pt.operty. She statPd this is a single-family residential neighbochood. Wayne M. Huss, 1238 N. Minte~r, Anaheim, r.ead a letCpr submi tted to thE Planning Commission indica~ing concern abou' the psoposed de nsity of Lhis residence with tt~irteen adults and pointed out there is a~ready a pcobletr, with automebiles with one vehicle curcently parked on the drfvewa y and presented picture~ of thevehicle and indicated concern that otner homes such as this, would be started in their cammanity and stated sAmeone is ma king a profit at their children'a expense. 1Marion Toll ~fson, 1457 W. Ch~vy Cha~e Drive, stated she felt putting more people in this home will cause it to lose its home-like atmosphere which is suppose to help the patients. 3/19/84 MZNUTES, ANAHEIM CITY PI,ANNING COMMISSION, MAFtCH 19, 198A~ 84-126 Pat Pac~r, 1241 M~ntoer, Anaheim, read A letter suhmitt~ad to the Planning Commisoion indicating opposition k~ecause they feel it will alter the ahe~e of their communlty and that this property is too amall Eor thirtoen Adu.lla= thdt the residents currently yo aucside to smoka And enjoy the ait in their backyerd and late at night, thi~ h~a occasiona].ly caused Annoyance and more reAidenta would increAOP that annoyAnce; thAt the peti~ioner indicc+te~ pc+rking spACes would be pcovidQd fo: two ca~s yet the plan~ show parking for [~ur cars. She stated ~wo oE the five residents already have vehicles nnd all~wing sevon more Adult~ would bring an unknown number oE cara into the neighborhood, Tim Park, 222 N. Muller, Anaheim, stated he resided at, 1A41 Arlington Street for one year and tf~ar liia brother currently lives there and is an architect. He reviewed the RS-7~~~U aingle-family zone reguirc~ments and compbred them tc~ the ~xisting structuce,pointing out the ditEerencee. Mr. Par.k stated ttiere is r et+lly no corceivable way they can do this und kee~ it with in the requirements of ~he law and the propoaed driveway on the aouth will give the property a b~ainess-type r~ppearance whict~ tAkes away from the resident ial atmoaphere c~f the ne~ghborhood. He atated if the thirteen par,ienL•s have guests, the traffic in their neigtib~rhood would be hindered ~~nd poinked out this .is a c hil d-or iented m.~hborhood . Greg Hastinys, Assistant Planner, stated the R5-7200 Codes referred to relate t~ any new construction or any a~~dik:.on to old cone~tcuction end in ttiia case, tt~e dwelliny is exi~tiny and what t' applicant ls pro~osing ~o con~truct on the pcoperty would not create any netd Eoc variances and tl-~e Cocles werP met at the time the building was conetructed. Mr,. Park stated the propo~ed new constructi~n would reduce the r.otal living space and 5tated there is a requirement that each person stiall !iave 120 square feet of living space and this will not comply wtth ttiat requirement. He stated also the addition takes away fr~m the total backyard. Annika Sant~lahti, Assistant Uirector for Z~ning, sr_ated the house as ik stands and with the additio:~~ still complies witt~ the minimum regulations for a single-family structure and tt~e opposition's objections are that it is not a normal single-family dwelling and tt~e :,tate has made a determin~tion thal• for the purpoae~ of zoning- staff must ~till look at iL *,hi.s way, but it doe~ comply with minimum Anaheim standards, purely in terms of zoning. William Klaus, 804 N. Uickel, Anaheim, stated he owns property accoss the street f rom subject proper ty and asked if the one ataf f inembPr wf 11 makE rhe meals, give khe drugE, wat~h everyone and also keep the place cl.ean. He gtated he thouyht with thirteen pe~p.le, there could be somP serious problems. Ne stated having mentally handicap~ed adults does not both~r him very much if they are properly supervised, but since this is a Family-oriented n2ighborhood, he felt -:heir children can be very vulnezable to this. tte asked what type control there will be since there will be a9rugs c:~ the premises. He asked if it would be possible that the type of residents can change to possibly ex-canvicts or people who have l~ad sexual otfenses agains*_ children, etc. He stated he felt five people is plenty i~r a structure of this type and putting thirteen peaple in one house breaks down the famiZy-unit concept. 3/19/84 MINUTE51_ ANANEIM CITY I?LANNING COMMISSION, Ml.+tCH 19,_ 1984 84-1?.7 Kathy Andelin, ]228 Mintear, Anaheim, ceferrwd to h~r letter to the lanning ~ommiasion cir~ted March 19, 19t~4, and read poctiona indicating h~,r concern regarding the Youngb]ooas and the ceretaker'e qualiti.cations and the caretakec'~a ability to take care oE ttie home, the re~idents, food, m~~ication, elc. She stated Mr. YounybJood hed kold her thP neighborhood is zaned for multi~le-tami.ly uni's and they would not nEed a zonc change ar vrariance ro increace the facility and thAt anyone could lauild an a~artment house on the streett however, she has r+ince learned it is zoned Eor onl.y slnyle-family dwelling units and lhat he was either misin.ormAd or had misunderstood the inEorniation given to him. She stated shc inquirpd about the medication and found out tt~e drugs are in pill form and are kept in a sr~ie and adminic~tered by the caretaker and ahe was told b,y Mc. Younyblood's wiEe L•hr~t sume ~f the residents were given psych~.,tic cf~ugs which acl on the mind auch as; Haldol, Stelazine and Cogentin and ttiat st~e investigated and ~~und ~ut some of L-hose drugs are considerpd majo: ttanyuilizer~ and are now ~rferred to as anti-psychotic drugs and are used to treat r~evere mer~~al illness such as sch:zopt~renia. ahe stated stie had di~cu~sed this with a clinic~al p5ychologisr and was tald accordinq to the drugs given and the placumenl• of. tt~e residentc~, th~y m:gl~t include functi~nal schizophrenics, not bad enough t be hospitalized, but Gad enough fio they should not be in a children's neighbortiood. She askE9 ff the:,e re~idenl;~ could be a threat to themselves or to the ott~er residents in the Eacility or to tt~ose in the neight~orhood and stated she did not feel they cauld rule out that possihility. 5he skated building an addition to t.he structure would eliminate a lot oE the backyard outdoor sp;~ce which means ttiE r.esidents will be out front wt:ich wi.ll eliminate their. privacy ac well as the neighbors' privacy. 5he stated if some of them will be driving, it will add noise and tcaf£ic to the neighborhood wl~ich would also be a worry and that they might be driving when they ar~ upset or in need of inedication. She stated they did riot knuw about this facility until last week, but h~d seen men loitering and pacing back and fortt~ in fr~n~_ of the house which w~E uncomfortable since their r.hildren ride their bike~• up and down the street. She stated this does cause them a loss cf peace of m#.nd and security and asked why such a facility in a neighborhood like thi;~ is considered ir~ the first {~lace. She stated it is not fair to them or the children to t~ave to be a product of an environment of these mental pcoblems and such a facilily could be a detriment tu the peace, health, safety and general welfare of the 4itizens of tr~e CiLy. She stated a person may be deprESSed enaugh to take his own li~e or the lives or those around him which has recently happened at a school in Los Angeles. She asked if one c~~:etaker is enuugh to handle such p~~.~lems if they should occur. Laurie Claussen, 809 N. Dickel, Anaheim, stated ahe personally thinks th~~ petitioners are doing a great thing for t•hese people and that the numbet of residents they have now has not caused any problems, but her majur concern is to what extene these ~eople are mentally handicapped and pointed out she does not see the Y~ungbloods at the facility very often. She stated she is concerned about drugs on the prQmises and how they ace controlled and asked how this will affect tt~eir children. St-e stated so far there has not been any problems, but she was concerned about her t.hirteen year old daughter's satety. 3/19/84 MINUTES, ANAHEIM CI'rY PLANNING CUMMISSIUN. MARCH 1~_1984 84-128 Richard Anthony Cristino atated he lives r.ight next door and is vexy concerned ;nd wanta some ~olid answers as ro the extent of thene people'a mental handicap and atated he would want uomo guaran~ees an to aecu:ity and ea:.ety f~r his wlfe and teenage children. He atatod he is not oppo~ed ~o helFing someone in need, sucti as mentally tirandicapped people, buC w~ndered if ~hey could be physically harmful to 3omeons. He stated there i~ ane gentlemen living tiier~ now and he has had nur,erous stare-downa with him and noted the gentlemen wAS not a~companied by anyone and thia make~ him very ner.vous and he thought thirteen people being watr.hed b; one 50-year old persun could be a thre-.t. He skated this is a ttarget acea and he recent:ly spent ~35,000 to upgrade hia property and is concerned this will afiect ~roperty values, but his biggest concern is the security of his family. Fte a~sked it the patienta wiJ.l be able tu drive car, and if they will be able to have cars and indicated if they are, he would be c~ncerned about parking. NancY Peterman, 124ti Foxfire, Anaheim, ~tat~d Patrick Henry Neighborhood C~uncil har~ put a lot oL effort into upgruding this area and she thought. do.ing somethinq like this would risk tt~e futur~ of their chi.ldren. She pointecl ~ut the pekif.ioners live in anather area and ~~sked that ktie C~mmiesion consider their concerns. Mr. Youngbload stated some of the concerns are very yood and he would have been able to address rhose concerns if he tiad been asked and pointed out two peop?e did contact ,~im and one was an apartment owner who was concerned about an access to an ~alleyway. He then plt+yed a tape recordiny ~f an obscene kelephone call (mor~t o£ wnich wra:i unintelligible). The tApe was submitted as evidence for the Planning Uepartment fi.les. There was a lo~~d response from the audience. Jack White stated the applican't can submit an}/ evidenr_e he wishes and it is up to ttie Planning Cammission to determine whether or not it has any evidenliary value. Commissioner La Glaire stated up to this poink, thc neighbors i~ave made a 9ood case and stated ~he has not made ner rt;ind up as yet, and did not think any of the Commissfoners have made theic minds up and that their. opinions are based on facts qnd not emotians and ahe would likc~ for che hearing to be held civilly. Commissioner Hush~re asked that there be no Lurther outbursts. Mr. Youngblood stated the main concerns of the neighbors seem 4~o t~e LhP traific, patients, st~zff and cars on the Premises. He state.d he had responded to questions asked by one of the oppo3ition iMrs. Andelinl and he had told her no new patients w4uld havP vehicles and had explained they have thE right to choose their patients and will not accept any w}~o drive cars. He statea he was told by the Traffic Department that the house as it now stands, ~oes not have four parking spaces as cequired by the City and that he would have to add a driveway and that will happen whether or not this request is approved. He explained the car in the driveway at the present time belon~G to nne of the residents who no longer resides there and they are waiting for papers to remove the vehicle. 3/19/84 MINUT_ES. ANAHEIM CI1X PLANNING COMMISSIUN ~ MARCH 19f 1904 84-12: He staled khe density is controllPd by Title 22 of the Slate of C~liFornia and tlip.ir pla~;a w.ill be revi.ewed t~y the offi.ce in SantA Ann and ~he rule is thet each room foc ~wo people must have 120 square feet and thei~ ,~lans wece c~eaigned to 120 squace Eeet. Conr,~rning druga, he ste-ted there is a locked cabinet on thc~ facility with on.ly one key and khe dispasal of the drugs ta conl•rolled by the caretaker nnd his wife. Concerning more than one ~+erson taking care of thirteen pe!ople, he explained that ie controlled by Title 22 and concerning qunlifications of the ctaff, t~e explai.ned lhere is moce than 45 yeAra experience of health caro betweon the staff inembecs of this Facil.ity. ile statEd the person who takes care of the patients is very capable and is only 48 y9ara nld. Mr. Youngblood stated Mr. and Mrs. Hitchcock who live acroas the strPet. are present and would like to speak in £avor of the request. Bil.l Nitchcock, 1248 Minteer, Ana--~im, skated they live directly acrose the street from the home in question d probab.-y have the best vi.ew in the neighborhUOd and he was concernea at first, but there ii~ve be~~n no pcoblems and he has nevec seen those people at the facility even talk to the neighbora, including L-heir children. He stated he was ccncerned about the medication, but was assured that it is locked up And very stcongly supervised and also he hAS b~en assured that no one there has any criminal background and that the patients are very carefull, Acreened and if all these facts are tcue, he has no objections and is totally comfortable with the use. He sr.Ated in some ways he thauyht this house was probably one c~f the eafest on ti~e block because it does come under the regulations uf Title 22 arid has a smoke detectar and will have an ovecheacl sprinkler. Stan Kay, employee of Or.ange C~unty Mental Health, explained he works in the capacity as a F3oard and Car~~ Consultant for all the board and care homes thruughout Orange County ~hich include~ 60+ homes; that this is a board and c:ar~ home and is under the laws for licenaing of the State of California, 2•itle 'l2, and most of the concerns expressed ace handlzd more strinyently by the liceneing of£icec, and the Licensing Department has not appcoved a license yet, but will go through all the steps to make sure that they comply with all the regulations. He stated the facility is under close aupervision of the mental health oEfice ori 3a11 Road and Terry Collter at that office is a licensed clinical socia~ worker and visits that home regularly and referred to a letter he had written indicating the petitioners have consistently ptovided high cace and he is pleased they are considering expansion Eor board and care because there is a need for such a facility for the mentally ill and recommended approval of this expansion. Mr. Kay stated the people on medication are not allowed tA drive cars and all the people cor;ing i~ are psychiatrically s~reened and there is a pre-home visit and people are usually put there for a two-week tcial period and would be cemoved if there are any problems. He stated tt,e petitioners are more r,oncerned about the residence than the neighbor~ and would not want to aee it damaged or destroyed. Mr. Kay stated at this time, they are licensed for five bedR an~? they have a~ways been filled, which ia a good indicakion khat they are doing a good job. He stated the residents attend a socialization center wher.e they ace learning twe or three days a week to make it better with society. 3/19/84 MINUT~5, ANAHEIM CITY PLANNTNG CUMMISSION, MARCH 19, 1984 84-130 Cuncerning the da~yer and threat, h~ ~tated a schi2ophrenic is no morP dangeroue or th*e~ten~ny thar Anyone else in normal society and stated there is no guaiantee becaube tt~Q ~ehavior of anyone in this room could not be guaranteed in a crisis. He stAte~ anti-pnychotic medication ia used And doea nothing more than offaet the basic khought disorder and it doesn't have to be a severe kin~ oF thin~ as being reported in the newspAper and television. He etatPd a little more expoaure would rQlievE the neiqhbors' anxiety. He atAted one person of the oppositi~n had quated ~~ psyctiologist who had indicated theae hames should not be in a neighborhood with children an~ pointed out he would protest that atatement because there are over GO board and care homea throughout Urange Cc,nt~~, many oE them in the ~ame neighborhood with children. E11~ Younyb].ood, owner, stated she lived at this house for three yNars and knows some of the neighbocs and set up the admission criteria the wAy it ia because she foresaw there could be problems opening a boArd and care facility in that neighborhoods that the iacility has h en in optration for nearly one year and most of the ~~eople did not even know it was there and people walking nround the neighborhood oc standing in the yArd are not dangerous and have not talked with any of the neighbors and most of them have poar socialfzation skills and have to be encouraged to even talk ~o eact~ other; and that khey would not ha.r~~ ~7nyone. She stated sume of them have bePn in hospitals, hut are now f.unctioning at a level where they need to learn to function in caciety and need lo be around people and 't'itle 22 ceyuires that they be placed in homes in residentia]. dr.eas. Ms. You~+yblood stated she Fias been a reyistered nurse for fifteen years and has worked witi~ mentally handicapped people mosk recently a~ Metropolitan Hospital for the past eiqht years. She stated both she and Mr. Youngblood ha~~ fulltime jobs and cannot be at the facility more often and that they are not making a lot of maney, bul are helpiny pe~~ple and there is a dire need in Urange County tor more good b~~acd and care homes. THE PUBLIC HEAk1NG WAS CLOSEU. Responding Co Commissioner Herbst, Mr. Kay st.ated the size of board and care facilities in Urange C~unty is usuallx Fi residents anc3 the si2es range fcum 6 f:o 29 and probably 30 to 35 of them t~ave six resi~3ents. He stated at fift~~en, the State of L'alifornia has said there mu~t be two staff inembers ori dutv at all times and ~ndNC the law, this facility ~an handle ttiirteen people with one staff inember. Commission~r Herbst painted out these homes can ue established in any neighborhood without any input from the City or anyonE else if they only have six residents. Commissioner La Claice asked if a psychiatrist or doctor handles ttiese patients. Mr. Kay stated thece are several psychiatrists on duty at all times at the socia].ization center, but there are one or two who deal with continuing care r~sidenLs and the patients cume in once a month to have their medication reviewed and represcribed if necessary, and they are being monitored up to three times per week by the professional staff and if they not•ice anything out of their normal behavior, thEy get them to a psychiatrist right away. He responded that reco~ds and notes ar.e kept, but there is no legal y~uireme;~t for daily documentation at the home, but it is done daily at the ce, -. 3/19/84 MINUTES, ANAH~IM_CITY ~L~N_NJ,NG_COMMISSION, M~RCH 19, 1984 84-131 Mr. Kay explained there would be d tOCd~ group of 35 at the center and none of these residents ga more than t.hree times a wepk. Commiseioner La Claire st~ted hec major concern is how often thoy are evaluated f~r the medication nnd wondered if there wds one time a week, month or whenever when the resldents are aeen ind~vidually rathec than in e group situAtion. Mr. Kay reaponded he was not aure how the system ie aet up, but he knuwa when problems st4ct to emerge, it ia moat often from the patlent's peera. Kesponding t~ Chairwoman Boua~, Mr. Youngblood explained the patients get to the center t•:e Uial-a-Ride oc the bus, but they are required to get themaelve8 the~e and one ot khe question~ aaked before placement in this facility is whether or not they are comfortablQ with the bus sy~t~m. keaponding t~ Chairwoman eouas, Mr. Kay explained there is no neparate dining area in khe facility and point~d out the r'~ns wi11 be rev~ewed by the State a~d he did not know what that requicemen': is. He explained currently five pAtients do sit down to a meal at least twice a day togeth~r and with thirteen peopl.e they could not a~l sit down t•c~ekher unlesa adjustments are made. Chairwoman Bouas stated ~h~ home would loAe ttie fAmily atmosphere at meal time. Mr. Youngblood stated iE that is a problem, they will change the arranyement ao they could All ait down at tl~e sume time. Respond~ng to C;,mmissioner King, Mr. Youngblood stated the}~ were licensed for this facility in March 1983, and reeponded ~here have b~en no problems or complainta about the facility to date. Respondfng te Commissioner Rushore, practf~:~jlly all 18 prec,ent in opposition indicated by raising their hbnds that they tiad just learned about thi.s facility in the last week and a half when the notice~ were mailed concerning thi3 public heAring. Responding to Commi~sioner Bushocc, Mr. Youngblood st.at~d the staff inem~er present on the premise3 prepares the meals and that she does have a car which she parks in the yarage. He explained ~~ie car was sitting outside because twa widE cars do not fit in the garage and there is some storage currently ~i the garage. Commissioner Bu~hore asked if tt~e: had decid~~d to use this particulac residence becauae tney already owned it. Mr. Xaungblood state~ they could not afford to purchase a home at t~day's prices with the return they g~t for the care of the peo~le.' Responding ta Comm~ssinner Bushoce, Mr. Youngblood explained hie staff inembec is relieved by pert-time workers for one full day each week-end and onQ-half day on Wednesday and Friday and any other time upon request. Commissioner Bushore stated pri~r to being on the Planning Commission s~me six yeara ago, he was involved in helping to locate a home for five oc ~ix boys for the Optimist Club in the Anaheim area so he is f~miliar with th~ State requirements and that home had a couple living on the ~remises with an alternate couple to live tr:re on week-ends and a part time worker to help 3/19/84 MINUmES._ ANAH~1~~ CIT1 PLANI.ING COMMa&SION M~RCN 19 1984 84-132 during the day and his concern with this situntion is that ther~ would not bP adeyudte aupervision with only one peraon to take care of thirteen peo~le and prepare the meA~s, etc. He added he was amazed th~t thia many people co41d nay they are oppoaed to somett~ing when they kno~•~ absolutely nothing about it and the homg has been there for a whole ~eac with nu prablems. Ne stated h~ thoug~~t the facility hea praven itself and with a little mo:e euperviaion, it could be expande~ and be A beneEiC to the community. Chairwoman Bouas pofnted out the neigt~bors had been very clear in saying they were not opposed to whnt ie ther~s now, but were concerned abaut the sxpansion. ~ommissioner bushore etated hp got the impresaiAn they were oppo~ed t~oth ways. Commiasi~nec Fry stated c~ightec: -~arsuns indicated their ~Ppoaition to t.he raqueat at the beginnin~: of khe hearing and later twNlve ~t those people indicated Che; did not even know abo;at the facility until 1-1/2 weeks ago and he thought lh~~t apeak~ vecy well for the tive people currently residiny at the facility and obvioualy they blend and harmonize quite well into the cammunitys however, there is a lot of diffcrence between five residents an~ thirteen residenta and his concern is the increase in the size of ~he family without adequate supervision. Mr. Youngblood stated the .:ounty had the ~ame concerns becAUSe it is hard l•o find peop:.e who can take care of these facilities and they had suggested that prob~.~ly he should be trying to fir~d someone to relieve the caietaker more often. ('ommissioner Bughoce 4tated he th~ught with thirteen people, there should be two peogle on the pcemises at all times during the day when they ace aetive because he did not think one person could control thirteen adults who could sct the same aa children. Responding to Chairwoman Bouas, Mr. Youngblood explained th ,atier~ts are never left unattended and that he and his wife do all the o~,ping. Commiasioner King agreed that more supervision is needed because oE the nur~ber of people. Commissioner Herbst asked why they are requesting thirteen residents and Mr. Youngblood ^tated ta maintain the space requirements, they could only add four rooms and ,lained they have a room currently which is 104 t~quare feet and the State Kould not allow two peopJ,e i.~ that coom and that is the reason for the odd number. Commissioner Herbst stated as a land planner, he deLinitel,y feels this would be overbuilding the property and from the plans submitted, he did not think there would be adequate room for thirteen paople esp~cial.~y with no dinir.g nrea and ~~loo tt~e ki~cher~ iF small ar.d he did not th:nk there would be enough hathcoom tacilities. He added he feit if. t;~e pe~.~tioner had requested ~i rea.onaule expanaion~ he would have gone alon9 w'.th it, but this would be impacting th~e land and would be creating a business in a rQ~sidenti3) area and that is something he has always disagreed with. 3/19/84 MINUTEu. AN~NEIM CITY PL~NNING COMMI$8:0'~~_MARCH 19, 19$4 8~-193 Mr. Youngblood etAted the bathroom facilities ace in compliance with Tit1e 12 and Commiaeionec Herbst replied he did not care Abouk Title 22 and definiteiy did not think 2-1/2 bathrooma for thicteen people would bo adequate. Respondi~g Lo Chdirwoman Bouas, Mr. Yaungblood stated the ceretaker hag the bedroom adjacent to the kitchen end not tt~e one with the bath ~f its own. Commiasioner Mcaurney stated he thought the prESent. facility wLth five rpeidents was understaEfed and thirteen would be n sevece handicap and the neighbocn are very concerned and also the Commiss;oners are concerned and he could not support the expaneion. Commissioner La ~laire stAtPd ahe w~s pleASeci to hear that the reaidenta ace riding the bus and she did not think the reighbars hRVe anything to worry about with these pactlculac people. She stated she realizen how nuch ttiese Eacilfties are needed and yet ehe underatands thP neiqhbors' concerne, even though ~he did not think tt~ey have anything to worry ab~ut in this case, but as a planner, if. thio was any other business requesting en ex~~an~lon, ahe would say no becauae it would bo puttinq more d~naity in khe acea. shP stated she wnuld be tempted to .311ow the pe ~t,oner ~o havP this, but if tt~er~ are problems, the permit ~ould be revoked after spending all the money ~ot the expansion. Commissioner Herbat sl•ated if the petitioner was looking for some reasonable expansion for maybe nine residents, he ~ould go along with the request, but did not think the Eacility is adeauate for thirteen peo~le with no dining room and not enough bathcoom tacilir.i~a. Commisaioner Bu~tiore stated the pla~s could be redesiyi~ed and more supervision could be added and the conditional use permit could be l~mited to this partic~ilar petitioner. Annika Santalahti, expl;,ined the conditional use permit recently gra~ted by the City Council for a specific user was for a epecific organizakion and the request wAS advertised that way, but in this case ir could not be granted for a a~rti.:ular petitioner. Co~,imissioner Bushoce sta*.ed if this conditional use permit stays with the land, he would hbve some real concerns because the petitioner could sell the property to^orrow to another person and they could be operatfng a different kind of groi., hati:~ that does not fit into the community. ACTION: Commissiot~er Herbst offered a motion, seconded by Commissioner King and MOTION C1IRRIED, that the Anaheim City Planning Cammission has reviewNCi the proposal to expacid a state-licensed re~ dential facility providf.ng care and supervision for ~ maximum of th?rteen adults o~i a rectangularly-sh~ped parcel uf 'land consistir.g of approximately 6540 ~quare feet located on the southwest c~,rner uf Arlington Avenue and Minteer 5treet and further desci:ibed as 1249 North Minteer Streets ~.-nd does hereby approve the Negative Declaration upo~~ finding that it has consideced the Negative Declaration together with any comments teceived duting the public review Frocess and further fin~ing on the basis of the Initial Study and any comments received that ~here is no subatantial evidence that the project will have a sign~ificant effect on the environment. 3/19/84 MINUTESi ANAHEIM G2TY PLANNING CpMMISSIUl. MARCH 19, 1984 84-134 Commiseioner Nerbst offered Resolution No. I~C84-47 and moved Eoc ita paesage and adoption that the Anaheim Cit,y Planniny Commiasion does tieceby deny Conditional uue Permit No. 2544 an the baais th~t it wauld be creating A businese in a residential area and the plans dc not ahow Adequate Lactlities for thirteen ~eople with no dining room proposed and nat enough bathroom facilities and this would b~ over-buildiny thc property for this Area and on the Uasis that it wuuld be detrimental to ihe pe~ce, health, ~a£ety and general welfare ta the citizena oi the City of Anaheim. On r~ '' 1, the foregoi.ng reao.luti~n was pASSed by the followir~g vole; qY};:. IiUUAS~ BUSHURE~ FkY~ HENBS'1'~ K1Nv, IaA CLAIRE~ MC BURNEY NOBS: NUNE ABSENT: NUN~ Jack White, Assistanr City Attorney, prescnted tF~e written cight to ~ppeal the P14nn~r~y ~ommission's decision within 22 days to the City C~uncil. Et~CES5: 3:05 p.m. RECONVF.NE: 3;15 p.m. ITEM N0. 14, EIIt NEGA'PIVE UECLARATIUN AND CONUITIONAL USE PERMIT N0. 2545 PUBLIC H~AkING. UWNERS: SAN7'A BARBARA SAVINGS 6 LOAN ASSOCIATIOt~~ P.O. F3~x 30290, Santa Bacbaca, CA 931U5. AGENT; AMEGIA R. LEWIS, 831 "D' Lar Lomas Dcive, La }iabra, CA 90631. F~ro~ecly described as a rectangularly-shaped parcel of land consisting of ap~~rc.ximately 6.5 a.cres located at the northe.st corner uf Caronado Street and Jef~erson Street, 120U "K" North JefEerson Street. To pecmit a take-out ~andwich shop witt~ off-eale beer and wine in the ML Zone. Thece was one per.son indicating his presence in upposition to subject request and although~ the staff report was not read, it is re£ecced to and made a part of tl-e mi~utes. Amelia Lewis, ~gent, was pre~ent to answer any questions. George Johnson, 1200 'M' Jeffer~on, Anaheim pcesented a petition signed by membecs oE their condominium group in opposition due to the fact tl~at the use is incompatible with their busin«~sses and their CC6R'a indicate the uses should be ligh~ manufacturing; that ri.ght now there is plenty of` parking, but when the other units ace sc~ld, there will be a lot of parking problems. He added there are ather eatiny estahli~hments in the neazby area and also th~re ere c~tering trucks and p~:ople can bring their lunches so he did not think it is neccssary for khis type facility to be ~n their neighborhood. Ms. Lewis stated st~e was sure there are ample parking spaces and that she plans to generate busine~s from walk-in cuetomers in the neighboting area and the people will buy their sandwiches and take them out. She stated she did not see anything in the CC&R's that prohibit thic use. THE PUBi.IC H~ARING WAS CLOSED. 3/19/84 MINUTBS, AN~HBIM CITY PLANNING COMMISSSUM, MAI;CH 15~19d4 84-.135 Commt~sioner Buahorr stared when tne Commiasion Apprnved this indastrial condorninium pro7ect, they gave input into the CC&R'~. He asked about tT~e 1lability of .eiling beec and win~ to an employe~ who miyht go k>ack to aork slightly incapacitated from drinking, po.inting out this ia an induatrial zane. Ms. Lewio staked she had investigated with a lot of sandwiah ahop owners And they did not sPem to have a problem with this t}•pe thing. She stated i,t aomeone wants beer an~ wine, whether it is off-sale or on-snle, the risk w;.uld he the 8ame. She statpd they would nAl have tables, so would onl,y g~t the businesa from those people who want L-o kake ti~e foo9 oul. Annik~ Santalahti, Assistant Dic~ector Eor Zoning, reaponcfed to CommiFSi~ner 8ushore that only individual oWners ace notifi.ed since the tax asseasor's calls are used f.or natiiicati~~i. Commissioner Nust-ore stated this is the type of thiny that is nrL wanted in an industrial area and when there are near5y industrialists sayin; they do not want beer and wine in the area, it confirms wt~a~ he and C~mmiscioner }iecbst have bepn saying all along. Commissioner Ne~bst stat.eu beer and wine do nor belon~ in the induvtrial acea; that r.here ace people who ar~ known alcoholics and in ris pacticular business, thib is very danyer.ous. He clarified that wine wou.ld be taken oul• by the bottl-:. HE stated he due~ not have a problem with the sandwicti shop, but he does have a problem with the beer and wine. Ms. Lewis s~ated sliP doey not want any ptob.lem~ and if there is a problem, r~he would eliminate the beer and win~~ sales. Commissioner He F~st st~ted a sandwich shop is allnwed in industrial z~nes becausfe the: s a need. Commissionec La Claire asked a~hat would happen if the CC6k's Prohibit thia type use and Cortunission appraves it. Jack White, Assistant City AtCOrney, ~x~lained the CC&R's are a private contract bekween the owners of the property which ~re subject to those c~venanl-s; that the individual ownecs may have a cause for action to enfocce them, but the City does not enforce deed restrictions or covenants and only a~Nrove or deny rec~~ests on the basis of th~ 2aning Code snd it ic. poasib.le that even though a use is allowed in the Zoning Code, the private contract may exclude it and the~ City would not take a po~itian on the enforcement of chat restriction and it; would be up to the indiviciual ow~ers, by private legal council and readi'.ress, to enforce it. Commissioner Elerbst stated the opposition was corcernad about the uses in the complex, but Coc:~ does alluw certain uses in the industrial zone such as banks, restaurar~ts an~ sanrlwich shops and through the approval of cQnditional use permits, th~: Commission can add conditions such as not allo~ing beer and wine to make thta use more compatible with tl~e other uses. Mr. Johnson stated he thougl:t they were buying into a light manufacturing area, but this would be turning it into a retail establishment with people coming in and out. Commissioner Herbst stated the Code states if the uses are compatiblE with ttie industrial uses or service the industrial uses, they could 3/19/84 MINUTES. ANAHEIM CITY PLANNING COMMISSION, MARCH ,19. 1984 84-136 bo Allowed. Mr. Johnaon eteted he ha~es ro aee the petikionEr apend her money becAUSe they can fix it where ahe cdnnot yet any bu~iness from the industriel ue~re. Commissioner Buehore etated evecyone has the right to ask for whatPVer they want in this country and he takea grear offenae to this kind of attitude. He pufnted out the petitionet h~s agreed to eliminate the beer and wine and asked staff to review the ociyin~l conditional use permit to see if a list of approved uses wao it~clud~d in th~t approva.l. Annika Santalahti atat~d the action of the Plannina, Commission would have been for the waivec of lot line frontage unlf and Commiastoner.s La Claire and aushoce thougnt this isaue wao discusaed at great lenyth and wanted furthec information before acting on this requesk. Jack White stAted normally in conjunetion with condominium projecta, the City Attorney's Office doea review and approve the CC6R'~ for the pcoject and sincc this was an industri.al development, it was hib recollection and belief that this was pr~cessed as a parcel map rather than a tentative map and their off:ice would have looked at the CC~R's Lor maintenar~ce, etc. and t~e would not have reviewed a list of uses. Commissioner La Claire stated khe oppasition ~.s worried about the pa~king and commercial intrusion into the acea And asked if thece is a par.king pr.oblem there now. Mr. Johnsun replied only 22 of. the 56 uni~s are sold and there is not a problem ak the present time, but when the other unit.e are sold, there will be A problem. He stated they all bought into the com~lex thinking it was for light manufacturing only. Ne stated in fact, when he started to purcha~e his unit, the City asked what type phot.ographer he wa~ and wuuld not have let him have the unit iF he had been a phokographer of w~ddings and portraits because that would have been considEr~d a commercial us~. Commissioner Bti~hoce stated he would like r.o aee this matter trailed tn later in the meeting to review the pCevi.ous conditional uae pecmit to aee if apecific uses wer~e pecmitted or prot~it,i~.ed. Comrnissioner La Claire stated shP remembered saying that there would b~ a Qroblem with the frontage un JefFerson with the inte:nal circulation, etc. and thought there had been specific restrictions. Chaitwoman 8ouas declared th~t thia matter would be trailed until later in ':he agenda. Following the heacing on I~em No. 1~, Commissioner Bushuce pointed out the original cesolution for Conditional Use Permit N~. 2109 has the finding that the petitioner stipulated that the purchasecs of each indivi.dual unit shall sign an agreement indicating they have full knowledge that there shall be no reteil sales of any kind conducted in these induatri~l buildings and that said agreementa shall be submitted to and approved by the City of Anaheim prior to issuance of final occupancy permits by the Building Division. He pointed out th~se wece the concerns of the Planning Commis~ion at that time and that he would consider a sandwich shop as retail sales. 3/19/84 MINUTES. AN~NEIM CITY PLANNING COMMISSION. MARCN 19. 1984 84-137 ACTION: Commisaionec Ruehoce offered a motion, eeconded by Commiasioner Pry and MOTIUN CARRIED, that the Anaheim City Planning Commieaion hea ceviewod the propoaal to permit a t~ke-out aer-dwich ahop nnd off-eale beer and wine in the ML (industcial, Limited) Zone on a rectanyularly-shaped parcel of land coneieting of approximately 6.5 acres located at the nocl•heAat co~ner of Coronado Stceet and JefEersor- 5treet and further deacriDed ae 1200 "K" Notth Jefferaon Str.eet= and doec hereby approve the N@gatlv~ Decleration upon finding that it has considered the Nega~ive Declaration toyether with any commenta received during the public review procesa ~~nd further finding on the b~sie of the tnitial 5tudy and any comment~ received that thece ia no subatantial evidence that the project will have a eignificant etfect on the environme~t. Commissiuner Buahore offeced Resolution No. PC84-48 and maved for ita pa~eage and adoptian thal• tl~e Anahefm City Planning Commiesicn does hereby deny Conditio-~al Uae Permit No. 2545 on the basis that a take-out ~andwich shnp with off-sele bee: and wine would be consideced retail saYes and rEtail salea are prohibited in this complex and on the basis that th~ traftic genprated by the proposed uae would impose bn undue burden upon the streeta and highways designed and improve~ to carry traffic in the area, r~nd thp use would advorsely affect the adjoining land uc~ea and the growth and development of the area in which it !.s proposed to be locat,ed. On cull call, the foregoing resolution was passed by the follawing vote: AYES: BUUAS, BUSHORE, ERY, N~RSSZ', KING, LA CLAIR~, MC BURNEY NOES: NONE ABSENT: NONE Chairwoman Bouas explained that Santa E~arbara Savinys and T.oan Associatiori, owner~ of the property, should have informed Ms. Lewis that this type use was prohibited. Ms. Lewi~ reaponded she had checked wittti the Planninq Department to make sure this usP would be okay. Comnissioner Bushoze pofnted out normally these uses are allowed in the industria.l areas, but was prohibited in this specific complex. Jack Whit~, Assistant City Attorney, presented the written right to appeal the Planning Commission's decisian within 22 days to the City Council. ITEhf N0. 15. ENVIRONMENTAL IMPACT REPORT NU. 250 (PREV. CERTIFIED), WAIVER OF CODE_ REQUIREMENT AND CONDITIONAL US~ PERMIT N0. 7.546 PUBLIC HEARING. OWNER5: BURNETT-EHLINE PROPERTIES, 205U Santa Cruz Street, }100, Anaheim, CA 92805. AGENT: SHAMROCK VENTURES, 14 Mountain View, irvine, CA 92715, ATTN; JOHN T. HARTY. Froperty described as a rectangularly-s'r~aped parcel oi land ccnsisting of approximately 3.8 acres, located at the northwest corner of Orangewood Avenue and 5tate College Boulevard. To permit a 12-story, 190-foot high commercial office complex including a semi-enclosed restaurant with on-sale alc~holic oeverages with waivQrs of maximum structural he~ght and minimum structural setback. 3,~~.9/84 M:NUxES, ANAHEIM CITX PLANNING COMMISSIqN,~ MARCH 19. 19$4 84-138 There was no one indicating theic presence in oppasition to subject cequent and although the etaf~ report waa nat read, it ia referred to and made a part of the minutRa. ~ack Harky, agont, pr~senteci elevetiona and eite plana t~nd steted this project wss approved by the Hlanniny Comminsion in November 1981 and en extenaion was approved in Decamber 1983. He explained the original pcojeGt wde for a 354,OU0 aquare foot, 15-story ~ommer~ial office building and this propnsal is t~ dplit that into two buildings eo thet it is phased with 121,000 aquare feet in Phase 1 and the balance in Phase 2. Ne atat:ed they fee.l they have achieved some improvements in the floor plans and that pcimarily the reason f.or the phasing is that 1Phase 1 is more Eeesible and achievable in today's market than doing the whole project at onae and th~y will be able to lease the first phase, attract financing ko the property and go int.o the second pha~e aa the ~r~ject provec itself. He atated they woulcl plan to etact conat•ruction during 1984. He etated the heigt~t ot the pra~ect has been ceduced from 209 feet to 109 fPet far Phase A and Phase 2 ia twelve stories at 190 feet. Mr. Harty etaCed there ar~ varioua technical mattera whi~h have been diacusaed with ataff and came of the conditions are different with thia proposal than with the original proposal. THE PUBLIC HEAItING WAS CLOSED. Jack Wt~ite, Assist•ant City Attorney, skated he ha8 been made aware of a change to Condition Na. 11 and that would be ta eliminate the wor.ds •i.ntroduction of an ocdinance rezaning subject propecty" and adding the words At that same location on line 20 'ieauance of a building permit for the propecty•; and a second modification would be to add the following words tollowing khe r,oma on line 41 (third line from the bottom) •together with the costs of the off-site improvements required to be made by the cwner pursuant to C~ndition No. 4 hereuf, '. t4r. Harty stahed those nodifications ko Condition No. 11 are satisfact~ry. He referred to Conditiun No. 12 requicing that the owner shall execute and record a covenant in a form approved by the City Attc,rney's OfEice wherein the owner agrees not to contest any aforementionrd a~sesament diskricts and stated he understands that covenant wi~l be prepared 'oy the City Attorney'8 pffice. H~ stated he has a copy ot- a previously approved agreement that was enkec~d into on August 30, 1943, and asked xf this would be a similar agr~eement. Jack White explained it will probably be similar to the or.e they curr~ntly have a~d it relbtes to the asa~ssment di~trict. Ele stated Condition No. 11 discusses an improvement diskrict or benefit area which iA a alightly different concept and it is meant that those would be two differPnt covenants and whether they are incorporated into one document or not is not important, but it would involve not only the assessment diatrict which is a statutory provision to create districts where all the prop~rties within the area are assesaed whether or not there is any subsequent builciing or development on the property and that is Condition No. 12. Condition No. 11 re].ates ko the creation of a benefit area which is meant to reguire developmental fees from aubsequent ~wners and na~ from properties acrass the board whether or not there is ~ny development. He added it is intended that a credit be made with the owner under Condition No. 12 so he woul~ not be paying twice, so there are actually twa covenants and the one the petitionec currently has i.s for Condition No. ~2, 3/19/84 MINUTES~ A'VAHEIM CITY PLANNING CUMMISSIUN, MARCH 19. 19A4 94~139 Mr. Harty etated it i~ not cecke~n but it mAy be that th,e parking for Phase 1 could be ~~ccommodc~ted with surface parking witli f.he u:~e of r.eaipcocal agrec~ment3r however~ those are not current].y ~vailabl~e, co a~ it ctanda today, the ~arkiny clructure would be cammenced witti Phar~e 1~nci basicnlly one halC af the parking skructure waul.d l,Q Uuilt wil•h Pha~e 1~nd the ather halE with Yhase 2. Joel E~ir.k, AssistanC Uicectc~r for Planning, stated sta[f would recommend that the wordi.ng would be changed un Condition No. 23~ to read "that the uwner of sut,ject ~~raperty ahall submit a letter requesting ~ermination ot Conditional Use Permit Nos. 2U4U, 2265 and 2280 within 15 days follo~ing review or action oE t.his conditional use per.mit by the City Council". He stAl-ed staff haa infor.med the applicant of this change. Jacic White explained 1n 22 d~ys this action will a~~ear. on the City Council a,yendo as ~n in[ormational item and if it is not appealed by the public, the app.licunt or not ~e~ for a public hearing by the City Council prior to th~3t date, it will automatically become finAl on th~t date and the wording oE l•h~t conditio~~ should read, "within 15 days followiny appcoval of Cunditionr~l Use Permit No_ 2~56 becoming final". Commissioner Herbst asked about the ~urfac~ parki~g and p'_ana for constcuction oi the parking strucrure. Mr. Nacty explained r_eyarding Phase 1, they have proposed an alternativ~e since they have to provide 4 25 parking spaces ei.ther through surPace parking or r_hrough construction ot Phase 1 of the parking structute and PhasE 1 of the parking atcucture would be one level be;ow gcound and 2 ubove-ground levels and a r.oof and then when they go into Phase 2, Che roof level would become the base for the next 3 level~. Mr. Harty stated if they ace able to ~btain reciprocal parking agreements on the neiyhboring lanc' Por Phace 1 and ar.e to provide enough spacez? (explaining they ace about ~0 spaces short), khe proposal would be ta surface park for Phase 1 and when they ate ready to start Phase 2, there wou.ld be a problem. kie stated in resolvfng t2ie surface parking problem for Phase 1, as a~ractical mattec, they would have to anticipate that Phase 2 s ituation and get enouqh land so tFiat tt~ey could rip up tt~ose surface parking agaces when they commence Phase 2. kesponding to C:ommiss~oner Herbst, Mr. Harty stipulated that when they start Phase 2 they will still provide the 425 spaces required Eor Phase i, either by acquiring additional land or building the parking structure. Paul Singer, TraEfic Engineer, pointed out no parking waiver is being requested, therefore, no parking waiver could be waived administrakivelk•, so at all times parking wauld have to be provided to meet Cocle. It was noted that Environmental Impact Repoct No. 250 was previously certified by the Plannin9 Commi~sion on November 30, 1)01, in conjunction with Reclassification No. 81-82-9 and Conditional Use Permit No. 2265. ACTION: Commissioner Hecbst of£ered a motion, seconded by Commissioner La Claire and MOTION CATtRIEb that the Anaheim City p2.anning Cammission does hereby grant waiver of Code requirement on the basis that ther.e are special circumstances applicable to the property such as size, ahape, topography, location and surroun~ing~ which do not apply to other identically 2a~ed 3/19/84 MINUTESt ANAHEIM CITY PLANNING COMMISSION` MARCH 19. 1984 _ 94-14_0 propecty in the same vicinitys and that etrict applicAkion of the Zo~ing Code deprivee the property of privilegcs enjoyed !~y other pcopecties in the identical zone and claesificatiun in t:~e vic,.nity. Commisaioner Herbs~ offerod Resclution No. PC84-A9 and muved Eor ita passage and adopkion that khe Anaheim City Plenning C~~mmisaion does hereby gcant Conditionml Use Pecmit No~ 2546 purauant to Anaheim Municipal Code Sections 18.03.030.030 through 18.03.030.035 and sub;jQCt to the atipnlation of the applicAnt to provide parking ta Code cequirements ak all timea and subject to Interdepartmental Cammittoe recommQndations including the modificationa ma~de to Conditions 11 r~nd 23. On coll call, the focegoing reaolution was pasesd by the following vote: AYES; BUUAS~ 6USHOKE, I~RY~ HERBST~ KING~ I,A (.LAIR£~ MC BURNEY NOES: NON6 ABSENT: NONE IT~M NU. 16. EIR NEGATZVE DECLARATION WAIVER pt' CODE B.E,QUIR~MENT AND CONDITIONAL CSE PEkNIT N0~ 2548 PUBLIC HBARING. OWNERS : MAHMUUD R.E.L. KANAWE:Y, 26371 Av:~ry Parkway, Mission Vie jo, GA 926~2. AGENT : MASARU KANBAYASHI, 909 t7. Anaheim fiouleva[d, Anaheim, CA 92805. Propecty described as a recta~~gillarly-sl~a~ped parcel of land consisting of 0.62 acre located at the northw~est cocner uf Balsam Avenue aa~d East Street, 1175 North ~ast 5treet. To permit a motoccycle sales agency and lot with waivers of mini.mum number of par.king spaces and minimum skructural settaack. There was no one indicating their presence in oppoESiti~n to subje~t request and although the staff rep~cc was not read, it is ceferred to and made a part oE the minutes. Ron Stikter, 1100 E. Whiting, Fullerton, agent, was present to ar~~wer ~ny questions. THE PUBLIC HEARING WAS CLOSGD. Commissioner tierbst as Y.ed the purpose of the cement platform out front. Mr. Stikter reaponded that would be usPd aa a display p?atform ~oc motorcycles, etc. Annika Santalahti, Rss i stant Ditector for 2oning, st.ated Code requires that the permitted uses be canducted inside the building and calling khis outd~or display would require a diff erent type of vatiance. Commiasioner Herbs~ indicated concern that the platformed area could be glassed in in the £utu re. Mr. Stikter stated the vehicles would be brought out during the day and taken ~back in at nlght. Commissionez Herbst as ked wh ere the vehicles wauld be tested, pointing out there was a problem w i th testing them in the a11Py. Mr. Stikter atated he did 3/19/84 MINUT~S, ANAH~IM CI'PY PLANNING COMMISSION, MARCH 19~_19_64 84-141 not think they had any cerl•ain place for teAting the vehiclea, buC Chey would normally look for a lesa traveled atreet. He stated if a person wa~ts to teat e street vehicle which !a regiatered for atreet pucpoaes, it is pas~ible to allow tt~em tn use the surf~ce streetsJ however, l•hey do not havP that privileg~ if it ia an off-road vet~icle. Commissioner Hecbat ntated he has no problem with the u~e, but there is a ~treet right behind the propecty whict~ could be used i~r teat driving the vehicles which w~uld be ~xnnoying to the neighbors. Commissloner King pointed out the conditionAl use per.mit could be cevoked if there is a problem. Commissioner Bubhore suggeoted prohibiting the testing of vehicles westecly on ealsam and stated based on experience, he felt the number of vehicles ko be displayed on the 40 foot by 40 foot cement platform should be limitFd to no more thAn 10. Jack WhitP clarified that Chey ace talking about test driving motoccycles in conjunction with a possible sa]e and it w~uld be encumbent upon the manager to sa~~ they are reatcicted Erom dr~ving the vehi~l.es an salsam. Commisgioner La Claire stated she would like to see the size of the platform reduced and Commissioner Bushore thought limiking the number of vehicles to be displayed would take cars oE the problem. Commissioner La Claire asked how much area would be needpd to display only ten mokorcycles. She pofnted out a waiver ~s being requested for that pl~tfarm and she tho~ght that re~uest should be denied und t;~at the number of vehicles beiny dis~layed should also be limited. She inBic,ated her conc~rn that another business could come in and need that area for parking. Chairwoman Bouas pointed out they are re~uesting a two-foot high platform in an arFa which would otherwiae be paved. Commissioner La C'laire stated she would g~ along with the re~uest if. tt~e petitioner would stipulate to only diaplaying ten vehicles. Mr. Stikter explAined they would be displayiny r~otorcycles, jet skis, three-wheel cycles, and faur-wheel vehicles such as dune buggies and indicated he would agree to tt~e restriction of ten vehicles. Commissioner Bushore stated the stipulation should limit the display to Len vehicles in the setback area, not just the platform. ACTION: Commissioner King off ered a motion, secanded by Cornmissioner Herbst and MOTION CARRIED, that the Anaheim City Planning Commission has reviewed the proposal to permit a motorcycle sales agency~ and lot with waivers of minimum number of packing spaces and minimum structural setback on a rectangularly-•shaped parcPl of land consisking of approximately 0.62 acre located at the northwest corner of Balsam Avenue an~ Eas~ Street and £urther desccibed as 1117 North East Street; and does hecety ~p~cove the Negativ~ Declaration upon finding that i.t l~as considered the Negative Declaration together with any commen'ta received during the public review procer~s arid further finding on the basis of the Initial Study and ar.y co~nments ceCei~'ed that there is no substantial evidence that the project will hav~ a significant effect on the env~ronmertt. 3/19/84 MTNUTL~S. ANAHEIM CITY PLANNING_COMM_ISSION ___MARCH 19, 1984 ,_ HA-141 not tl~ink they hAd any cert~nin place for te~tirtg th~ vehicleF,, but they wouJd nn~mAlly loak for a la8s trAVeled streel•. Ne stated iL a person wanta to keat a etreet vehicle which is registe~ed for street purposes, it iR poasible ta allow them to use tk~e surface stceetr,s however, they do nut have that ptivilege if it is an off-road vehicle. c:ommissioner Herbst stated he haa no p~oblem wi~h the uc~c+, but there is a stceet righ~ behind the propecty which could be used for test driving the vehicles which would be annoyirtg to the neighbora. Commissioner King poinked o~~t Che conditionAl uae permit could i~e revoked if thRre is a problem. ComtS~is~ioner l3ushore suggested prohibir.ing the teating of vehxcles westerly on E3alasm And etated based on experience, l~e felt the numbec of vehicles to be displayed on the 40 foot by 40 foot cement plattorm should be ~imited ko no more thr~n 10. Jack White clarified Chat they are talking abour. tesC driviny motorcycles in conaunction with a possible sale Ai~d it would be encumbent upon the mAnager to say they are reEtcictPd fcom drivtng the v~:hielea on Balsam. Co~mnisaianpr La Cl~ire stated she wauld like to see the size ~f the plattorm reduced ~nd C~~mmis~sionec Bushore thought limiting the numbEr c~f vehicles to be disFlayed would r.ake car+e of the pcoblem. Commissioner La Cltiire afiked how much area would be needed to di~play on]v ten motorcycles. She pointed out a waiver ~.s b~ing requesGed for thut pl~tfocm and she thought that cequest should be deni~d and that the nurnber of vei~icles being dieplayed should also t~e 2imited. St~e indicated her concern that another business could cume in and nPed that. aretl for parking. Chairwoman Bouras pointpd out they are requesting a two-fool• high platform in an area which wo~~ld otherwise be paved. Cummieaionet La Claice stated she would go alc~ng with the cequest if the pet,itioner would stipulate to only displaying ten vehicles. Mr. stikter explained they would be displaying t~otorcycle~, jek skis, ttiree-wheel cycle~, and four-wheel vehicles such as dune buggies and indicated he would agree to khe restciction of ten vehicles. Commissioner Bushore stated the stipulation ahould limit the display to ten vehicles in the setback area, not just the platforn;. ACTION; Commissinner King of£ered a motion, seconde~9 by Commissioner Herbst ~nd MOTION CARRIED, that the Anaheim City Planning Co,v-mission has reviewed the proposal to permit a motorcycle sales agency and lot w~Ith waivers o£ m:nimum number of parking spaces and minimum structural setback on a rectangularly-shaped par~~~ of land conaisting of approxtmately 0.62 acre located at the northwest corner of Balsam Avenue and East Street and further described as 1117 North Erist Street; and does hereby approve the Negative Declaration upon findfng that ik has consiciered the K~gative Declaration toget!~er with A:y comments received during the public review process arid furtner finding on the bASis af the Initia] Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. 3/19/84 MINUTBS, ANAHETM CITY PLANNINC COMMTSSiONl MARCH 19~ 1984 84-_142 Commisainner King ofERred a maCion, aecond~d by Commiseioner Herbet And MOTION CARRIED, that the Anaheim C~Cy Planniny Commisaion does hereby grAnt wai.ver (a) ~n khe basie tha~ the pArking va~innce will nok ceuse an increase in kraffic congestion in the tmmediate vici.nik,y nor adveraely affect any adjoining land uses and gcanting of the parking waiver under the r,ondir.~ona impoeed, if any, will not be detrimenr.al to the peace, health, eafety and gen~ral welfAre of the citizene af the City of Anaheim ana granting weiver {b) on the basie that denial would doprive sub~ect property ErAm pcivil~ges en~oyed by other pcopecties in the same zone and vicinity. Commissioner King otfeced Resolution No. PC84-50 and mUVed for its pa~sage ~nd adoption that the Anaheim Ciky Planning Commisaion doee herebX grant Condikional Uae Permit No. 2548 on the b~~is tliat the pekiti~ner skipulated tt~at no more than ten vehicles will be displayed in the 50-foot netbeck area and there ahal.l be no teating af. vwhicle~ on Balsam Street in conjunction with oalea and services and puraubnt to Anaheim Municipal Code Se~tion 18.03.030.030 ond 18.U3.030.035 bnd subject tu Interdepartmenkal Committee recommendations. On rol.l cAl1, Che foregoing resolution was passed by the following vote: AYES; BOUAS, BUSHORB~ FRY~ HERBST~ KING, LA CI,AIRE, MC ~URNF.X NO~~; NONE ABSENT: NUNE ITEM N0. 17. EIR NEGATIV~ DECLARAmION, WAIVER OP CGDE REQUIREMF.NT AND CUNDITIONAL~~U5E PERM.IT N0. 2543 PUBLIC HEARING. OWNERS: PROJECT ANAH~IM, 2740 W. Lincoln Avenue, Anaheim, CA 92801, A~TN; WARRF.N S. LIU. AGEN'I': SAN JOHN HUANG, 4790 B. Pacific Caast Hiyhway, Long Beach, CA 50804. Property described as a rectangularly-shaped parcel oE land Gonsic~tfng of appr.oximately 2.62 acres, <"740 W~st Lincoln Avenue (AnahQim Town and Country Motel). To permiL• a 4b-apace recreational vehicle park in conjunction with an existing motel wikh waivers of maximum atructural l~eight, mini:num landscaped aetback and required site screening. There were thr.ee persons indicating thefr presence in oppositioh ~o subject request and although the staff report was not read, it is referred to and made a part of the minutes. San John Huang, agent, explained the request is for a 46-space recreational vehicle park in cnnjunction with an existiny motel and that the previous owner had approval for a 38-space park which was nevec built. Gacy Wooda, 2726 W, Lincoln, Anaheim, stated he lives on adjacent property to the east and that he and three o£ the homeowners to the east feel that if this is appraved, the mas~oncy wa11 r.a be builf. on the east ~hou].d be conatructed totally on the petitioner's sidP of the property and not on the property line so that their taxes would not be afEected and that the masonry wall should be 8 feet high as measured from the ground level because this R.V. park would be open 24 haurs a day and could become a noise problem with waehing machines 3/19/84 MINUTES. ANAHEiM CITY PL~NNING CUMMISSION, MARCH_19, 1984 84-1A3 cunning eince t~e l~undry facilities will be located just a few feet fcom the wall And alsu there will be a pcoblem with Che lights from vehieles acriviny lAte at nlght:. Mr. Woods etated dirt has been p1AC~.d on the auhject p~operty raiaing Che ~ycade l~vel between 3 to 5 feet, so if the wall was 6 feQt high, measuced Lrcm the neighbor's propecty, it would only be about 1 to 2 feel• high on their a~rie and the recreational vehicle occupants would be ~b~e to look over m 6-faot wall. He ~tated many of thpir homer3 do not have ,eir condl.tioning and during the eummpr the wi.ndows would b~ open and r~ois~ and fumes would be a p~oblem. He referre~ to the 10~-foot setback urea to be landscapeu on the eaat next to the residential homes, pointing ~ut the petitionar has requeated a sekbar,k of between 3 to 22 feet and they wauld request that the setbACk be kept at 10 feet minimum because of noire and exhaust fumes. Mr. WoodA referc 9 to the restroom And laundry room pcoposed And su~gesked that sh4uld be built closer to the western property line since there is a parking lot adjacent to the property ~n that ~id~~. He asked why the reotcoom is to be 14 L•eet 6 inches high and Asked whF,t the 4-foot building would be uaed for adjacent to the eastecn praperty line. He pre3onted photogrnphs of th~ weatern eide and pofnted ouk the propel:ty i~ about 4 to 5-feet highec than th~ ground level on the we~tern side and khat the same condition exists on the eaaterri side. He expla'.ned putting a 6-f~~ot wall on the pr.operty line would only be ~ to 2 feet high and they would request a 4-font retaining wall with ~~nother 8-foot wall 1 foot away from t.ha'c retaining wall and that would prahibit anyone from climbing ovec the f.ence into their backyard. He added they realize the wall would be 8 to 10 Eeet high on ~hEir side, but thak is what they want. Kathryn Liveiy stateci ~he now t,as a w~.~ite rAnch fence on her property line and it would have to be rAmoved on that E~:de of the property and khere is a tremendous amount of shrubbery ~hat .;he Lhought would have to be removed. She asked how high a wall can be 'oc a k~~asiness next t~ a cesidential property in Anaheim. Chairwoma~ Bouas stated a 6-€oat ft:nce ia cequired by Code and Cortunissioner 1Herbst stated a wall over 6 feet would have to be structurally designed and the ~ESign would have t~ be ap,pcoved by the City. He exF~lained the wall would be measured fr~m the higheat poir;t on subject property Mhich would make it higher on the neighbor's side. Mo. Lively stated she has lived there for 25 years and all the properties between Magnolia and Dale were of the same grade level until the motel was cnnstructed about 25 years ago and hundreds of loads of dirt were hauled in to raise the level of that property and now her h~use in the cear is the l~+west and she was worried about the dra~r.~ge, Ch~irw~man Souas stated the j~etitione.r would have to make ceetain that the property is properly drained. Ms. Lively sL•ated st~e is also concerned about the restroom and laundry facilities because they are locs~ted on the east and on the west there is a motel wfth a parking lot and she felt thet would be a better location for those facilities. 3/19/84 MINUTES. ANANEIM CITY P_LANNING COMMISSION. MARCH 19. 1984 84-143 running since the laundry tacilities wi].1 be lccated jusl a few feet from the wall ~nd alsa there will bo a prablem wlth the lighta from vvhicles arriving late aC night. Mr. Woads atated dirr. has been plACed on the eubject prnperty reioinq the grade level between a to 5 feet, so if the wall was 6 fee~ high, meaeured from the neiyhboc'a ~cop~rty, it would only be about 1 to 2 feQt high on ~hair ~idp and Ghe recreational vet,icle occupAnts would be able to look over a 6-Ppot wall. Ne~ statod many of their iiumes do not h,ve air conditionfng and during the summer the windowa would k~e open and noi~e and fumes would be a problem. Ha referr~,d to the 10-foot• aetback area to be l.andscuped on the east next ta the r~$iciential homea, pointing oul tho petitionec has requeated e setbnek of betwepn 3 to 22 Eeet anc9 they would cequest tht~t the sntback be kepL at lU feet minimt~m becsuae of noise and exhaust fumes. Mr. Wocds referre~ to the centroom and laundry room proposed and suggested that should be built closer to the wec~tecn properly line since there ig a parkiny lot ad~a~ent to the property on that side. He asked why the reatc~om is to b~ 14 feet 6 inches t~iyh and Asked what the 4-£oot buil.ding would be used fc~c adjacent to the ea~tern property li~e. He presented phot~~graphs aE the we.~~:ern side and pointec9 out the pcoperty is about A ko 5-feek highec tlian khe ~v~ ~:!und le•vel un the western side and that the same conc~ition exists orn kh~ eaF~t~;~-~r, side. He explained putting a 6-foat wall on the propecty line wauld or,_ -;., i tc~ 2 fe~• high and they would reques~ a 4-foot retaining wall with a~t~ ~h.:; .~5~-~~aot wall l. Loot aw~y from that retaining wall and that would F~:•-->:-:..>>iL s~~:~onP fsom climbing ave~ the fence into their backyard. He added -t~,~t. r.wa:.~i,:~ the wall wuuld be 8 to 10 feet high on their side, b~t that is ~.,:,~- ~r-~x want. -.;,rrti.~~, Lively stated she now ha~ a white ranch fence un her property line ~nd .:; ~o~~d i~ave to be remaved on that side of the property and there i.s a =r.~ndous amaunt of shrubbery khat she thought would have to be removed. She ::~~-~! how high a wa]1 can be ~or a business next to a residentfal properry in •~ur~e,+rn im, ~~rw,tirwoman Bouas stated a 6-foot fence is required by Code and Commissioner t~~rt~st stated a wa1~ over 6 feet would have t~ be structurally designed and :;~ne design waulc~ have to be approved by thQ City. He explained the wall would re measuced Erom the higheat point on subject property which would make it .:~:gher on the neighbor's side. !~s. ~i:ely stated she has lived there for 25 years and all the propexties betwe_n Magnolia and Dale were of the same grade level until the motel was constructed about 25 years ago and hundreds of loads of dirt wQre hauled in to raise tt~e level of that property an~i naw her house in the rear is the lowest and she aas wocried abaut the drainaSQ. Chafrwoman Bouas stated khe petitioner would have to make rertain that the propecty is pcoperly drain~d. Ms~ Lively stated she is also concecned about the restroom and laundry facilities because they are located on the ~ast and on the west there is a matel with a parkirig lot and she felt that Nould be a better Iocation for those facflfties. 3/19/84 MINUTES~ ANAHEIM CxTY PLANNING COMMISSLONI MARCH .19~ 1984 84-144 Mary Woods, 3736 W. Lincoln, Anaheim, st~to~ nhe would like to hav_ an 8-foot wall. Joe Kitaahima, acchitecl, 1920 E. Katella~, Orang9, atated regarding thp grade tt~at they did make a topoyraphic survex af the propetty and du realize that the rear af the property is quite higti and the consulting engineers have indicated there ia a tlood control easement in the rear nE the pr~pecty and that is where most of the surf~~~ drainage has to go, s~ the grade has to be lowered considerably to almost the same lRVel as the neiqhbor~. Regarding the fence, he aL•ated Planning staff indiceted the minimum neight of the wall would have to be 6 feet and they had requested a waiver fot the rear of the property because oL the easement and there is no cesidentiul development in that location and a concrete block wall. would have a tenoncy to c~use a drainage problem. He atated if the neiqhbors have tin objection to the noiae, L•hey du have A minimum Aetback from the property to the R.V.'s of appcoxim~lely 35 feet and they wuuld plan to p.lAnt shrubs in that gr:aenbel.t areA and the owner would have to speak for himself regarding tlie 8-foot high fence and if t~e agrees, it can easily be done. Fle reEerred to the location of the cea~room and laundry facil,lties and stated that could be easily celocated to th~ opposite aide of the propPrty and ~k~ted they intend to cut the roof height down at the highest peak from the grade to no higher than 12-1/2 feet and intend to reduce khe size of the building. THE PUBI~IC HEAR:[NG WAS CLOSED. Commisrsior.er Herbst asked if Engineecing had r.eviQwed the situation wit1~ the drainage into the Elood control ditch. Jay Titus, Uffice Engineer, responded he had not r.eviewed the situation in detail, but it appeara that there is some space between the cear of this property and the tlood control channel and they would not be permitted to just surface drain from their property onLo someone else's property and they would be required tn put the drainage into some kind of collection drainage system and thPy w~uld need permiesion from the Flood Cantrol District to drain inko that channel. Commissioner Herbst stated trees and stirubbery da not block soun~ and noise and he did not think a 6-foot wall would block the noise and an S-foot wall is necessary and very important. Jack White, Assistant City Attorney, stated the Code actually provides that 6 feet iR khe maximum and the minimum height in thir~ particular situatfon and in order to construc:t a wall higher than 6 feet as measured on the subject propecty`s side, a variance would be required and the -natter would have to be readvertiserl. He~ suggested the matter be continued so that that waiver could be readvertised zind also it mi~ht allow some redesign c~ the plans tc meet some Qf the othei~ problems. CommisAioner Elerbst agreed and thought an 8-fcok wall would be necessary because this would be a 24 hour a day operation. Commissioner Bushore stated there ie an overhang of some considerabl~ distanc~ on some trailera and motriiehomes from where the wheels are located and if the space was not lat~3e enough, the tenancy would be to have that portian overhang right up to the fc~nc2 and he thought the plans approved for the 38-space park ~/19/84 MINUT~S ANANEIM CITY PLANNING CdMMISSION MARCH 19 1984 84-1a5 in 1977 probably inc.luded thal 10-foot setback. tie atated an 8•,foot wall would just bacely be enough bec~uee tl~ese motorhomRa cCU~d still look over the fance. Commission~r Herbst suggebted Cypress treea which would grow to 20 feet high be planted on the eaet side and clarified he ia anly concerned with the 8-foot fence adjacent to the homes on the east. He stated aince thR mattet has t~ be readverkised for the variance far an 8-foot wall, I~e would auggest revision of the ~lans to move tt.e reetcoom And lAUndry facilitiea to the west side and also th3t so~e landscaping of Cypress treea on 5-foot centera be planted along the 8-foo'~ wall. Mr. Hau~~g agceed th~t a continuance wauld be in order. ACTION: Commissioner Herbst offeced ~ motion, seconded hy Commiaeioner Fry and MOTION CARRIEA, thAt considerat,.~n of the aforementloned metter be con~inued to the Gegularly-scheduled meeting of April 2, 1984, in order ta readverti.se a waiver and for the petikioner to aubmit reviaed plans. Prior to voting on the above motion, Commissioner Herbst auggested the petitioner show the plans to the neighbors prior ko the meeting and maybe they would not t~ave to come down and apend their time at the meeting. Cammissioner Bushore stated the plans appcoved in 1977 far the recreational vehicle pack were basicall,y identical to these plans and asked if all three utilities will be provided. Mr. Haung respo~ded that full utilities will be provfded in all spaces. Commissioner Bushore ~uygeated an ~greement that the maximum stay allowed would be 2~ dayo and Mc. liaung replied that would be reasonable. Commiseioner Bu~hore po~nted out the petitioner would have to collect transient ~,ccupancy tax. Jack White stated ff the zoning limitation was that no one would be allowed to stay longer than 28 days, then no one would be exempt from the tax since it is collected ~vec,yday frorn every vehicle on the premises. Cortunisaioner Bustiore explained the concern is that reaidents could become permanently established if they are allowed to st~y longer.. Commissionec King pointed out that no pre-mAnufactured homes would be allowed and thfs would be restticted to recreational vehicles. ITEM N0. 18. ETR CATEGORICAL EXEMPTION-CLASS 11 AND VARIANCE N0. 3382 PUBLIC HEARING. OWN~RS: MYUNG-SHIK YUN AND KUM OK YUN, 727 South Beach Boulevard, Anaheim, CA 92804. Pr~~erty described as a rectangularly-sha~ed parcel of land conaisting ef approximately 1.3 acres, 727 South Beach Boulevard (Quality Inn Mntel West). Waivers uf m~ximum sigr. height and minimum stxuctural seL•back to retain a freestanding sign and entrance canopy. There was rio one indicating their presence ;~~ opposition to subject requQSt and althou~h the staff report was not read, it is referred to and made a part of the minutes. Myung-Shik Yun, agent, was present to answer any questions. 3/19/84 ..~ MINUTES. ANAH~IM CITY PLANNING COMMISSION. MARCH 19, 1984 84-146 TNE PUBI,IC HEARING WAS CLOSEG. Commissioner 9uehore ~tated he had cevfewed these signs and this goes againat everything the Commiasion has tcied to establi$h in terme Af heights of signs and noted the propprty ~e not ircegularly-a~aped und thece is no reaaon for such an excea~ive height. Ne cespondod to Ca~miasioner King that there are nu other signs this high in the area. Responding to Cornmiasioner Herbst, Mr. Yun explained the sign company was auppoaed to take care of the permits end he had gotten a permit irom the City of Anaheim. Annika Santalahti, Ae~istant Director Eor Zoning, stared a pecmit would have said that the sign must be correctly lncated oc else it w~uld have indicated a vaciAnce would be necessary. In reviewing the pecmit, Commiseionec La Claire atated it appeacs the permit is for a siyn at 25 L•eet high and nut 42 feet. Mr. Yun stated ~he letter he received from the City ~~f Anaheim was after the sign w~s ~onatructed. Jack White, Asai.stant City Aftorney, ~tated it appear~ tne drawing su~mitted to the Planning bepart~^pnt :~as the height information afi is being requested; however, there is a legend on the ap~roval stamp that indicates that the approval is given with~ut authority to viol~te any provision of the Code and that the applicant for the permit proceeds at his own risk. He added there is also a provi~i~~n in the Zoning Code that provide~ thak any Building Permit that is issued in vtolation of a provision of the Code is null and void, so the Commission has the latitude ko still deny the request. He explai.ned the City has a auper-stAmp permit approval which indicates that permits are issued without expresely checking every detail, if that ie the way it ia requestedJ however, if the owner gets that type of permit, it is with the unders~.anding that he is proceeding at his own risk, if he did, in fact, aubmit plans that violate Code. Chaicwoman aouas stated the sign company should have known that they were proceeding at their own risk. Commissioner La C1airE asked if Quality Inn has specifications foc the height nf signs they want t~ install. Mr. Yun stated they do have sign standards, but they haae to also comply with City Codes. Commxsai~~ner La Claire asked iF the sign is made up f~r the i~dividual operatc:~ or if they aKe ordered from Quality Inn. Mr. ~un replied that the h~tel is a franchise from the Quality Inn and explain~d they haye Quality Inr. sign standards and he had a aub-contractor for the sign and that it had to meet City Code and Qual:ty Inn standards. Commissioner La Claire stated she Felt the main structural setback waivers should be discussed. G~eg Hastings explained the canopy is not a permitted encroachment into the 10-foot setback requirement alang eeach BoulPVard. He added there are two separate structures on the property and a sign is a permitted encraachment into thz setback and the Commission is only dealing with the hefght o£ the sign and with the setback 4f the canopy. The Commission briefly revfewed the plans and Commissioner La C?aice stated she could agree with allowing the canopy. Greg Hastings ex~lained it is a 3/19/84 MINUTES_~ ANAHEIM CITY PLANNING COMMISSTON, MARCH 19, 1984 84-147 metal f•rame with canv~a at the entranca to the reataurar,t. Commissioner La Cluire statea the aigning is something the City h~s been trying to keep down and that is the reason foc ~he ordinance. Commis~ioner Hecbst point~d out this petitiun is the result of action taken by a Bu~lding Inapector, After the constructed siqn exceeded the height on the plans submi~ted to the duildl.ng Division. He stated he thought tt~ey had put the sign up knowiny it waa .tncarrect anc9 lhe Building Inaper.tor caught it. it was nated the Planning Director or his authorized repre~entative ha~ determined that the propoae~ pro~ect falls witl~in the definition of CAtegorir.al Exemptions, Class 11, as defined in the State Environmental Impact Report Guidelines and is, theref.ore, cati~gorycally exempt from the reyuirement to prepare an EIR. ACTION: Commissioner Herbat offered Resoluki~n No. PC84-51 and moved foc its passaye and adoption that the Anaheim Cit;r Planning Commiasion does hereby grant variance No. 338'l, in paxt, denyin5 waiver (a) or~ the baBis that the construction of the aign was in violation of the plans submitted to the Building Department and that there are no special cir~:umstan~ea ap~licnble to the property such as size, ahape, topograpl~y or location of sucroundings whi~h do not apply to other identically zoned praperty in khe vicinity and that strict application of the Zoning Code would not d~ny the property of privileges enjoyed by other propert.ies in the sam~ r.oning classification; and granting waiver (b) on the basis that stcict: appllcakion would deprive the property of privileges enjoyed by other proFecties in identical classification in the vicinity and subject to Interdepartme~tal C~~mmittee recommendations. Mr. Yun stated the sign company had gotten th,e per.mit £rom the City ~f Anaheim and he did not know it was improper. He stat~d the plans submitted to the City show the sign at 42 feet. it was noted t:he stamg indicates that the permit does not give the holder the ri.ght ~o violate any provisions of the Code and that the owner would pror.eed at his owrt risk. He staked there is another sign on the same block which ir higher than this one. Commissioner Bushore exglained the proceduce fUr getting the super-sta~p approval to go ahead with construction and stated the holder of the permit signs an agreement that t~e understands that the plans were not checked and that he might have to make a correction if mir3takes are found. Commissioner La Claire stated the other sign on the same block could have been constructed before the City's sign ordinance in 1972, or could be located on County property. Commiss~oner eushose stated there could have been special circumstances and a waiver granted for the ather sign. The cesolution was clarified t•~ be granted in part, denying waiver (a) and gran~ing waiver (b) and Condition No. 3 would be modified to provide additional language indicating 'except the freestanding sign a:; shown on the plans shall be reduced to comply with mini.mum height standards of the Anaheim Municipal Code". On roll call, the foregoing resolution was passed by the f~llowing vote: AYES: BOU~S, BUSHORE~ FRY~ HERBST, KING, LA CLAIREi MC BURNEX NOES: NONE ABSEN~: NONE 3/19/84 _.~.. ~ MINUTES. ANAH~IM CITY PLANNING COMMISSION~ MARCH 19. 198•! _ 84-148 Jack Whito, Asaietant City Attorncy, pre~hnted the written right ~. appeel the Planniny Commfesion's deciRion within 22 days to the City Council. ITEM NU. 19. ENVIRONMENTAL IMPACT REPORT N0. 203 (PREV. CF.RTIFIED~ AND TENTATx'~E MAP_OF_TRACT NO ~9602~ REApVERTIS~D PUBLIC HEARING. OWNERS: GUNSi'O:J HALL COMPANY, INC.. 380 Anaheim Hills Road, Anaheim, CA 92807. AT7N: GEORGE MASON. AGENT: LIND AND f~ILLERUD, INC., 2065 Huntington Drive, San Marino, CA 91108, ATTN: JQHN SAItRACINO. Property described as an irreaularly-shaped parcel of land consiAting of approximately 23.7 ~ctes, having a frontage oE apptoximately 1,275 feet on the south side of Nohl Ranch Road, rapproximately 400 feet west of the centerline oL And~ver Drive. 7'o rp-establish a 49-lot, RS-H5-10,0U0(SC) Zone single-family aubdivision. There was no one indicatiny their ~cesence in oppositi.on to aubjeat tequest and althouyh the staff report was not tead, it ia referCed ko and made a pa[t of tiie minutes. John Sarracino, agent, stated this request is to re-establish Tract No. 9602 which expired in February and that the conditions are basically the same, except No. 24, and pointed out the grading has been done and the storm drains installed and the stceet grades were approved. Jay Titus, Office Engineec, stated he thought the grades were approved by the ~ixe Department because this was the original r.ondition. ,Jack White, Assistant City Attorney, suggested the condition should be retained and if there is a problem, the petitioner can return to the Commission fo!- niodification. THE PUBLIC HBARING WAS CLOSED. Jack White suggested changea to three conditions to cead as followa: (2) prior to final map approva~, the owner of the property shall record a covenant against the property in ~ focm approved by the ..it:y Attorney agreeing tkiat.. (:~7} prior to final map appro~al, the owner of subject property sha.il record a covenar': against the property in a furm approved by the Czty Attorney guaranteeiny that.. (26) Tk~st Reclassification No. 77-78-1 shall be completed prior to final map approval. ACTION: Commissioner King offered a motion, seconded by Commissionec Herbst and MOTION Ct,RRTED, that the Anaheim City Planni~ng Commission does hereby find that the proprsEd subdivision, together with it~ desfgn and improvement, is ~onsistent witt~ the City of Anaheim General Plan, pursuant to Government Code Section 56473.5; and does, therefore, approve Tentative Map of Tract No. 4602 for a 49-lot, single-family subdivision sub~ect to the following conditiona: 3/19/84 MINUTES, ANAHBIM CITY PLANNI'ttC COMMISSION, MARCH .19. 198~ 84-149 l. Tt~at ahould thie subdivisio~~ be doveloped as more than one subdivieion, each aubdivieion thereof ahell be submitted in tentetive Eorm for appcoval. 2. That in accocdance witt~ City Council policy, prior tn finel mAp approvel, the owner o£ th9 pcoperky shall rec~rd a covenant egdinet the proporty in a Eocm epproved by the City Attocney Agreeing that a 6-foot high, open decorative wAll shall be constructed at khe top of slope on the north and northweat trect boundery sepacating Lat Noa. 1 through 12 from Nohl Ranch Road pcior to final building inapection. 3. That all loka within this troct ehall he served by underground utilities. 4. 7'hat prior Co final t_act ma~~ appcoval, the nriginal documents of the covenants, conditians, and reatrictions, And a letter addresaed to the developer'a title company authorizing c~cordation thereof, ahall be aubmitted to the City Attorney's Office and approved by khe City Aktorney'a OFEtce and Engineering Divieion. Said documents, as approved, will then be filed snd recocded in the Office ~f the OrAnge County Recocder. 5. That prfor to final tract map appruvAl, street names shall be approved by the City Planning Department. 6. That ~emporary street name aigns aha11 be installed prior ko any occupan~y if pecmanent street name signs have not been installed. 7. That prior to final tract map approval, appropriate water asseasment fees ahall be paid to the City of AnAhe•:m, in an amuunt as determined by the Office o~ the Utilil•ies General Manager. 8. That prior to issuance of a building permit, appropriate park and recreati~n iri-lieu feea at~all be pefd to the City of AnahPim in an amount as determined by the City Council. 5. That prior to issuance of a building peKmit, the appcopriate traffic signal assessment fee shall be paid t.o the City of Anaheim in an amount as determined hy the City Council for each new dwelling unit. 10. Thet prior to final tract map approval, the owner of subject ~ropecty shall pay khe appcapriate drainage as~essment fees to the City nf Anaheim in an amount as determined by the City Engineer. 11. Tt~at drainage of ~ubjeat property shall be dispased of i~ a manner satisfactary to the City Engineer. If, in the pr.eparation of the site, sufficient grading is required to necesaitate a grading permit, no work an grading will be permitted between October 15th and April 15th unleas all required ~ff-site drainage facilities have been installed and are operative. Positive Asaurance shall b~ provided to the City that such dcainage facilities wi11 be completed prior to October 15th. NQCessary r:ght-of-way for off.-site drainage facilities shall be dedicated to the City, or thP City Council shall 3/19/84 MINUTE$~ ANAHEIM CITY PLANNING COMMISSIONr M~RGH 19~ 1964 84-150 have initietAd condemnetion Proceedinge thecefor (th~ coste of which shall be bocne by the developer) pciar to the commencement of gceding operAtiona. The required drainege fACilities ahell be of a size and type euffic~ent to carry runofE wetere originnting from higher propecties ~hraugh eubject property to ultimate diapos~l de epprcved by the City Enginoer. Said drainage facilitiss ahall be tf~e firat item of constraction a~d shall be completed and be functionel througliout the tract nnd from the downatream b~undary of the property to the ultimate point oE diaposal prior to the ieauance of any final building inapections or accupancy pecmite. DcAinage dlstri~t reimbursement agceements may be mAde available to the developers of said property upon their requ~st. 12. That ysAding, excavdtion, and all other construction ~ctivities shall be con~ucked in such a manner so as to minimize the Fossibilfty of any ailt originating from this project being carried into the Santa Ana River by storm water originating fram or Elowtng through this project. 13. That prior to final tract map approval, khe developEr of subject tcact ehall enter into a special LacilitLes agreement with the City of Anaheim for water faciliti~a in the High Elevation Syatem, as required Gy Rule 15B of the Water Utility Rates, Rules and Regulations. 14. That any specimen tree removal ~ha11 be subject to the tree preservation regulations in Chapter 18.84 of Che Anaheim Municipal Code, the "SC" Scenic Corridor Overlay Zone. 15. That prior to commencement of etructucal framing, fice hydrants ehall be inata2led and chazged as required and determined to be necessary by the Chief of the Fire Depactment. 16. That all requirements of Fire Zone 4, otherwise identified as Fire Adminfstrative Ordec No. 76-01, ahail be met. Such requirements inclu~e, but are not iimited to: chimney spack arrestors, protected attic and under floor ogeninqs, Class C or better roofing material and one hour fire resistive construction of horizantal surfaces if located within 200 f~et of adjacent brushland. 17. That prior to final map approvgl, the owner of subject property shall recotd ~ covenant against the propecty i~ a form approved by the Cxty Attocney guaranteeing that ceasonable landscaping, including itrigation facilities, shall be installed in the uncemented poction of the parkway of any arterial akreet and any interior or collector street where there is an adjacent slope to be maintained by the Homeawnecs Associatfon. The Homeowners Association shall asaume the cesponsibility for mainCenance of said parkway landscaping. 3/19/84 MINUTEBj ~NAHEIM CITY PLANNINC COMMISSION, MARCH 19, .1984 84-151 18. That the ownec o~ subject property shell execute and record a covenant obllgating the HameownorR Asaoci~tion t o khe following where dpplicable; maintain the landACaped porti on nf par.kwaye oE arterial atreete (Nohl Ranch Road), pArkw~ys ed ja cent to Associatlon maintaiR~d slopea and/or common ereas, and ell medi4n islande installed in con~unction with soid subdivision e xcept thoae located within 4rteriel streetat indemnify and hold the City ~f Anaheim harmlesa for damagea resulting thecefromt and ma intain liebility insurance for said packways and median islands n aming the City as an additianal inaured. The Eorm of sdid covenant s hall be appcoved by the City Attorney's Office and shall be recorded concurrently with the final tract mnp. The doveloper of the subje c t tract shall improve and maintatn the hereinabove dea~rfbed p~rkwaye and median islanda, including praviding the above apecifie~ ineurance, until such time as l.^ Homeowners Aeaociation becomes 1 egally obligated thecEfoc a~ herein~b~ve provided. Ttie developer ahall post a bond in r~n amount and Eorm satisfactory to the Ciky of Anaheim to guarantee pecformance oE the developec's ~bliga t ions hetein describeci. Evidenco of the requiced insurance a nd b~nd shall be submittzd to and approved by the City Attorney's OEfice pcior to approvAl ot the finA1 tract map. 19. That Priar to final stseet inspections, "No park ing for street sweeping' siyna shall be installed as requiced b v the Street Maintenance and Sanitation Division and in ~cc~r dance with specifications on file with said diviaion. 20. That the seller shall provide the purchaser of e ach residential dwelling with written information concerning An a heim Municipal Code Section 14.32.500 pertaining to 'Parking restric ted to facilitate street sweeping'. Such wcitten information sha 1 1 clparly indicate when on-street parking is prohibited and the pen alty for violation. 21. That the developer shall irrevocably offer to d e dicate to the City of Anahefm the reguirea easements for all public streeta within subj~ct tract. 22. That all engineering requirements of the City o t Anaheim within the public street eaoements within cub~ect tract inc luding preparati,on of impcovement plans and in~st~llation of all imp rovementa such as curbs and g~tters, sidewalko, street grading and pavement, sewer and drainagz facilities, or other appurtenant wock s hall be complied with as required by the City Engineer and ir- accorclance with specifications on file in the Uffice of the City Engineer; and that security in the form of a bund, certificate of d eposit, letter oE credit, or cash, in an amount and form satisEactory to the City of Anaheim, shall be posted with the City to guaran tee the satisfactory completion of said improvements. Said security shall be posted with the City prior to final tcact map appr.oval, to g uarantee the installation of the above-required improvements prior to occupancy. 3/19/84 MINUTES,__AN~HEIM CITY PLANNING COMMISSION. MARCN_ 19. 1984__ __ 84-15Z 23. mhat stteet lighting facil~tiea w ithin the putalic atceet eu~ementa within aub3ect trect shall be in~ tellod as required by the Utilitie~ c~ener.al Manager in accocdence wit h apeci£icdtions on f•ile in the OfEice oE ~Jtilities Genecal Manegec, a~nd that sec:urity in the Form of a bond, c~rtificate of depoeit, lettec of credit, or caeh, in an amaunt and focro satiefactory to t he City of Anaheim, shall be pobted wi1:h khe City to guara~ntoe ~ he satie~~akary aompletion of the above-menCioned improvements. Said security ehall be posted with L•he City of Anaheim prior to final trsct map npproval. Tt~e above-required improvements shal 1 bo installed prior Cu occupancy. 2A. That no public or private etreet gcndea ahall exceed ,108 except by prior appcov~l of ttie Chief of t he Fxre Department and khe Engineering Division. 25. That any 'flag-shaped" lota sha 11 have a minimum width of 20 f~et. 26. That ReclASaific~tion No. 77-78 - 1 ahall be completed prior to final map approval. 27. That fuel bresks shall be provid ed as determined ta be neceseary by the Chief of tlie Fice Department. 28. That prior to final tract map a pproval, the applicant shall present evid~nce satiafactory to the Ch ief Bui~ding Inspector that the residential units will be in cunformance with Noiae Insulation Standards specified in the Calif orni,a Administrative Code, Tikle 25. 29. That prior ro issuance of build inq permil•s, the applicant shall present evidence satiafactory t o ttie Chief Building inepector that the proposed praject is in conf ormance with Council Policy Number 542 "Sound Attenuatian in Reaidential Projects•. 30. That in accordance with the requirements of Section 18.02.047 oE the Anaheim Mur.icipal Code pertaini ng to the initial s~le of rPSidences in the City of Annheim Planning A:~~ `~', Lhe seller ah~+ll ~covide each buyer with writt1n in~orma':.ion c~ncerr~~::q the Anaheim General Plan and the existing z~~ning withfn 30i; feet. nf the boundaries of aubject tcact. 31. That prior to final tract map approvalr the applicant shall submit ro the City Attorney'A Office f oc approval oc denial a complete synopsis of the proposed fur.ct ioning of the operatfng corporation including, but not limited to: the articles of fncorporation, bylaws, proposed meth~da of ma n~gement, bondirsg t4 insure maintenance of common pr.operty and buildings, and euch other information as the City Attor ney may require Co protect the City, its citizens, and the purchase rs of the project. 32. That a final tract map of sub ;ect property shall be submi.tted to and approved by the City Council a nd then recorded in the Offiee of the Orange County Recorder. 3/19/84 -_:~ MINUTES, ~NAHEIM CITY PLANNING COMMISSION, MARCN 19~ 1984 84-153 ITEM NO. 2U. REPORTS ~ND R6COMMENDATIONS A. VARIANCB N0. 2680 - RequeBt trom Herman and Dorothy Gallardo, far tecmination a~ Veciance No. 2680, property locate~ at 777 North Anaheim Boulevard. ACTION; Commieaioner King offeced Resolution No. PC84-52 end moved for its pnseage end adop~ion that the Anaheim Gity Plonning Commieaion does hereby terminete Varibnce no. '1680. Un roll call, the foregoing reaolution was p~ssed by the following vote: AYES; BOUAS, BUSHORE~ FRY, HERBSZ', KING, LA CLAIRE~ MC BURNEY NOES: NONC ~ASENT: NONE B. TENTATIVE MAP OF TItACT NU. 960~ - Kequest from John N. Sarracino, Lind-Hillerud, Inc., for an exhension af time for Tentative Tr~ct No. 9601, property is located at the nar.theast corner oE Canyon Rim Road and Fairmont Boulevard. ACTION; Commissianer King ofiered a motion, seconded by Commis~~ioner Fry and MOTION CARRIEU, that the Ar,aheim City Planning Commission does hereby grant a one-year extensfon of time Eor Tentative Map of mract Na. 9601, to expire June 28, 1985. C. iQUEST FOR A WAIVER OF THE HILLSIDE GRADING ORDINANCE (WITH7N TRACT NOS. U98U ANU 10981) - Request from James E. Crosby Enyineers, Inc., for .~~~~r oF hillside grading ordinance as it relates to the lo<.ating of a ~.ne at the top of slope wil•hin Trect Nos. 10980 and 10981. Property i~ located south uf Santa Ana Canyon xoad, west of Weir C~nyon Road within the Bauer RAnch areA. Jack Whike, Ass~stant City Aktorney, explained Section 17,06.290 of the Grading Ordinance provides that the Planning Commission shall make a recommendation to the City Council after holding a public hearing and it does not epecify that notice must be given and even though thia item should have appeared as a public hearing, he would have no legal problem if khe Commiss~on held a hearing rfght now. Commissfoner Bushore euggested the matter be continued for two weeks and advertised as a public heacing. Jay Titus, Office Engineer, explained there is a time problem on this matter and a11 the petitioner is re~uesting is a waiver for the location af the lot line at the top of the slope for side slopes five feet in height and less. Chairw~~man Bouas opened the publi~ h~aring and there was no one indicatiRg any interest gresent. Commissioner Fry felt inasmuch as the City Council has to hold a public hearing, tie would have no prablem making a recommendation to Cuuncil. Commissi.oner La Claire star.^:. Che aame cequest haa been granted on other tracts in Anaheim Hills. 3/19/84 MINUT~S1 AN~NEIM CITY PLANNING COMMISS_I.ON, M~RCH 19, 1984 84-154 Jay Titus reaponded tt~at the prPViously approved slopes were being malntAined by a homeowner's associetian And were five Eeet or higher and this request is foK alapes f~ve feet oc leso and they will be individually maintained. THE ~UB~IC H£ARSNG WAS CLOSED. Jack White clarified currently the C~de doee not require an association ~o mainkain alopes les~ than five feet in height. Commission~r Bushore asked if thia could be on a side yard abutting a publfc stre~at. Jay Titus responded it could be if the slape is less than five feet in height. Commissioner La Claire skated one of the flaws in the Hillside Grading Ordinance i~a that it does not allow the tlexihility for the lower olopes to be maintninnd by the property owner and this pertains to side yaxd :3lopes and ;it makes a lot of aense. Cummiasioner La Claice stated it shuuld be made clear that a recommenduti~n for appcoval of this request is not a recommendation to change the ordinance. ACTION: Commisaioner La Claire offered a motion, seconded by Commissioner k'ry and MOTI0~1 CARRIED, that the Anaheim City Planning Cummiaeion does hereby recommend to the City Council that lhe Hillside Gcading Ordinance be waived as it celates tn locating of a lot line at the top of slope for side slop~s five (5) feet fn height c~nd lese within Tract Nos. 109aU and 10981. D. REQIJEST FOR ~`~~~.TCY DIRBCTION - Request fr~m Engineering Aivision for policy direr.r.:;~ regarding the focmation of a mandat~ry homeowners association Lo maintain landocaped slopes greater than 5 feet in height within tract boundarfes. ACTION: Commissioner Herbst offered a motion, seconded by Commissioner King and M~TION C.~RkIED, that the Anaheim City Planning Comtnission does hereby recommend that ~',ty Council concur wi.th a policy regarding L•he formatio~ ~" a mandatory homeowner's acsociation to maintain landscaped slopes g~~.. .r than 5 feet in height within tract boundaries. OTHER DISCUSSIUN: The Commfosion discussed the Building ~~,_sian skamp as used ~~n the aign permit discussed earlier today (Item tvu. 17) indicatin~ a lot of concern that the holder of the permit be maue aware that they are precedinn at their own risk even though they hAVe obtained a permit from the City. ~:~,mmissioaer Mcaurney pointed out the stamp says 'in violation of Buildfng Codes' and the sign was in violation of the 2oning Code and not lhe Building Code. Annika Santalahti stated the sign permit clearly read& 25 feet in height and she did not know why the drawing was different oz whether or not that was the drawing submitted. 3/19/8~1 MINUTES, ANAH~YM CITY PLANNING COMMISSION. MARCH 19, 1984 84-155 Commiesio~er MaBur~ey etatod the plAn wae etamped and he thought Che pecson who etatnped it should have checked it. Commiseionec Eierbst referred to the etaff repoct wt~ich indicatee the ~uiiding Inspac•.or caugr~t it because it wasn't in compl~ance with kho plans as submik ed. Greg Hastings explained when the Building Inapector did a fina]. Fuilding inttpectlon, he noticed the aign did nut match the plan and at that point the petitioner wRa told he needed a vaciance. J~ck White explained the law clearly providee that. even if the pl~ns are approved An~ a permit ia issued in error and it violates the Code, it does not entitle the hold9r Lo keep it in vialation of the Code. He exp~ained the reason for th~t rule is so that one indi~idual in the City, either ir~advertently or intentionally, should never be in a position to unilatecally decide, c~ntrary tu the Code, and Allow a atructure t~ be built which violates the law. Comm~ssioner Fry stated he felt the Building Divieion shou2d ~ve a aign m~de up to explain that law because a novice at getling permiks would think if a permit ia isaued that it is all right to go ahead and he did not think that is faic. He added a permit ahould not be issued until thQ plane have been fully revi~wed. Annika Santalahti explained the normal proceduce for sign permits is definitely to check zoning, and she did not know how thet exhibi.t was approved. Commissionec McBurney stAted anyone can walk a permit through the process in fifteen minutea. Annika Santalaht.t stated in terrns of the overall number o£ permits that are isHUed, this would rarely ever hnppen. J~y Titus explained the "supQr stamp" pr~cedure was set up to expedite acquiring permits and in Engineering they make eectain to tell the engineac and the plan i~ stamped that the engineer zs totally responsib2e for the accuracy of the plan and he did not think one engineer has taker~ advantage of that procedure as yet. Conunissioner La Claire s~ated she thinks the system is working well, but suggesC•~d a stamp warning the developer that he cannot violate thP Codes. She stated her concern ie for an individual homeowner and not a building contractor. Annika Santalahti stated building plans would go through a plan check procedure~ but a sign is an over-khe-counter check. Annika Santalahti stated there is the possibility of a mistake on anykhing that is done and checked by a human being and the homeawner ia ultimately responsible for knowing the law. She stated hundreds of these requests are processed every week. 3/19/84 , '~ MINUTES, ANAHEIM CITY PL1lNNING_CQMMISS_ION, MARCH_191 1984 84-156 Commissioner McBurn~y st~tod the major~ty comA through with contractors or engineera and they know rhe procedurRS, and exple~ned Commiasion's concern ia for the individual who daean't know. Ron Thompson, Plunning DiKector, expleined thous~nds of permite are 1ASUed a yeaz ~nd a mistake like thia would cstely ever happen. Jack White stated he thought tl-e CommiA~ion is confueing the requirement that the City can Eorce a propecty awner ko conform tu Codea with who may ultimataly bear thp monetacy risk foc siach an error. He stated the City ean compel A pro~erty ownec to comply with Zor~ing Codes, but this is not to eay thet the properGy owner might nok hsve some redress somewhere as Lo who ie ultimately re3ponsible for making thttt correctioit. Rnn Thompson explained the khree diffecen~ pcoc~durea uged for ~ppravAl of petmita or plane ~y tt-~ City af An~heimt ~) plans procesaed th~ough •Flan Check'T (2) overµthe-cUUnter appravAlj and 3) the 'super-stamp' approval. AUJOURNMENT: There being no further businese, Commissionec MeBucney offered a mokion, seconded by Commissioner La Cl~ire and MOTION CARRIED, that the meeling be adjourned. Th~ o~eeti.ng w~s adjourned at 5:50 p.m. Respectzully submittea, ~~~ ~ Edith L. Harcis, Secretary Anaheim City Planniny Commission ELH : ltn 0037m 3/19/84