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Minutes-PC 1994/03/21ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY PLANNING COMMISSION MONDAY, MARCH'L1, 1994 10:00 A•M• - WORK SESSION WITH CITY ATTORNEY TO DISCUSS THE LATEST LEGISLATION REGARDING THE BROWN ACT FOLLOWED BY A PRESENTATION BY THE PUBLIC WORKS-ENGINEERING DIVISION TO DISCUSS THE WATER QUALITY ENGINEERING PLAN, AND THE NEW PARKING LOT AT THE MAIN LIBRARY (HARBOR BLVD. AND [fROADWAY ` 11:00 A.M. - ~'iiELIMINARY PLAN REVIEW (NO PUBLIC TESTIMONY ACCEPTED) 1:30 P.M. - PUBLIC HEARINGS BEGIN (PUBLIC TESTIMONY) COMMISSIONERS PRESENT: BOYDSTUN, CALDWELL, HENNINGER, MAYER, MESSE, PERAZA, TAIT COMMISSIONERS ABSENT: NONE PROCEDURE TO EXPEDITE PLANNING COMMISSION PUBLIC HEARINGS 1. The proponents in applications which are not contested will have five minutes to present their evidence. Additional time will be granted upon request if, in the opinion of the Commisslon, ~l such aaddRional time will produce evidence important to the Commission's consideration. 2. In contested applications, the proponents and opponent will each be given ten minutes to present their case unless additional time is requested and the complexity of the matter warrants. The Commission's considerations are not determined by the length of time a participant speaks, but rather by what is said. 3. Staff Reports are part of the evidence deemed received by the Commission In each hearing. Copies are available to the public prior to the meeting. 4. The Commission will withhold questions until the public hearing ;;closed. 5. The Commission reserves the right to deviate from the foregoing K, in its opinion, the ends of fairness to all concerned will be served. 6. All documents presented to the Planning Commission for review in connection with any hearing, including photographs or other acceptable visual representations or non-documentary evidence, shall be retained by the Commisslon for the public record and shall be available for public inspections. 7. At the end of the scheduled hearings, members of the public will be allowed to speak on Items of interest which are within the jurisdiction of the Planning Commission, and/or agenda items. Each speaker will be allotted a maximum of five (5) minutes to speak. AC032194.WP .~ ta. ENVIRONMENTAL IMPACT REPORT N0.281 Previously Certified 1 b. SITE PLAN FOR TRACT MAP NO. 13266 OWNER: THE BALDWIN CO., Attn: Ron Freeman, 16811 Haie Avenue, Irvine, CA 92714 Approved Approved revision to previously approved site plan LOCATION: Property is aQproximately 6.4 acres located on the south side of Serrano Avenue and approximately 1100 Teet west of the centerline of Marblehead Drive (Tract No. 13266. The Summtt of Anaheim Hlils Soeciffc Pian (SP88-2). Petftioner requests a revision to the previously approved she plan for Tract Map No. 13266 wfthln The Summft of Anaheim Hills Specffic Pian (SP88-2) in order to construct 10 single-family residential structures ranging from 3,395 to 3,911 square feet (previously ranging from 4,141 to 5,657 square feet). Continued from the October 4, November 15, December 1, 1993, January 24, and February 23, 1994 Planning Commission meetings. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: 9 people opposed Commissioner Taft stated he listened to the tape for this item. PETITIONER: Hon Freeman, Senior Vice President for the Baldwin Company, 16811 Hale Avenue, Irvine, CA. They have been before the Commission a number of times on this issue. Exhaustive reviews have been conducted wfth all parties involved. One month ago they requested a cont(nuance to make some final revisions to the plan per the request of the Commissioners. They have done that and have resubmitted their plans. They reviewed the staff report and due to the fact they did make some plan revisions the footages have Increased on these unfts. Plan 1 footage is actually stated In the plans currently at 3,427 feet. Plan 2 is curcently stated at 3,636 although ft grows slightly wfth the latest plan submittals beyond that number. Plan 3 Is at 3,911 feet and is actually 3,950 feet and will grow to over 4,000 feet. After taking a look at staff's review of the submttals, they are content with the staff's findings and will look to request a decision today. Page 2 OPPOSITION: !-~ Jonathan Goldste(n, 1096 S. Taylor Court, Anaheim. This is the sixth time the homeowners have been here. Because of the current sftuation, the homeowners have asked him to speak first. As a preliminary matter, he is compelled to make the following comments. All of the hearings have been well attended by the homeowners. There are some homeowners that are very upset with what happened at the last hearing. At the conclusion of the January 24th hearing, the Commission requested a staff report to be prepared with regard to the February 23rd hearing. The directions to staff were very specific. Cut through it; compare the plans to their homes; compare them to the specs that Baldwin had for the build to suit and compare them to the proposed houses. The staff then went out and did a very specific report. They compared them and caught Baldwin when they tried to submft different specs that had previously been done. They noted substantial differences-front elevations, garages in the proposed plans being the Dominant force and different windows. The staff came back and said that the recommendation was to reject the Baldwin plan. However, at the February 23rd meeting the Commission came in and made no reference to that report. This Is the report that the Commission wanted. There was no ind'~ation as to what ftems the Commission disagreed wfth or why the Commission disagreed, why the Commission made no reference to ft, or why the Commission disregarded ft. At the beginning of the February 23rd hearing, per the staff report, Mr. Freeman, on behalf of Baldwin, referenced the report and asked what addftlonal changes did they have to make? The Commission basically said everything Is floe, they did not have to make any addftional things. The Commission was ready to approve ft without the rear and side elevations. They finally asked Baidwin to submft them and then continued it until today. The February 23rd meeting showed a total disregard to that report. That report made the specific comparisons. They noted the key dH`arences as to the windows; as to the front elevations; as to the garages; they indicated clearly that the proposed plans were not architecturally consistent with the existing models. The bottom line Is that these homes will go on Sunstream. When you drive on those two streets, those streets will look different then their street. If they are architecturally consistent and comparable, they will not be able to tell, but you will be. Baidwin ciaims the proposed plans are consistent, btrt they are not and they were never Intended to be consistent because ff they wanted consistency all they have to do Is build Model 1 and 2 of their plans. Size wise Models 1 and 2 of their plans are consistent with what they want to build. They want to build a different product; a cheaper product with a different front elevation; a different roof line; the dominant front garages; and different windows because it is cheaper to build. Baldwin claims the reason they have to do this is due to economic condftions. The economy has changed since they built their homes and they do not think there Is a market for their homes so they have to build a different, cheaper product so ft can be sold at a lesser price. Page 3 '~, They cannot control what they sell the houses for; they cannot control what they put (nto the .-. inside of the houses; they are entitled to have the new houses be archftecturaily consistent with their homes. They have a building plan approvEd and they are now asking for a revised building plan and the only reason is their own economic benefft. They are all suffering economically. Some of them are not making what they previously made and their homes have gone down in value. That Is not anyone's fault. They cannot change the rules in the middle of the game because of the ecc~omy and neither can Baldwin. There are no changes in Baldwin's proposed plans since February 23rd other then the submittal of project(ons for the side and rear elevations. They still have the dominance of the garages; they still have a different front elevation; they still have the aluminum windows; there have been no changes. The staff report now indicates approval. Why? The reason is the staff has prepared a report consistent wfth the Commission's comments and what the Commission wanted at the last hearing. Everyone In this room knows k--the record knows it. They are asking the Commission to do what is right. There is no basis for this revised plan. They are asking that they correct the problem now rather than having the City Council or court having to approve ft. It will not stop here. These houses are not consistent with their houses. They are not designed or Intended to be that way and there is no basis and no reason for a revised plan, Mary Ellen Dwyer, 1059 S. Taylor Court, Anaheim Hills. The Summft Point roof Imes are simple and consistent in form to create a more eYective and more powerful archftectural statement. The proposed plans contain several ridge Iinas; creating a complicated form and detracting from the powerful statement made by the simple large roof Imes. In the previous staff report, the Planning Department did refer to the ceiling piste Tines and roof lines are similar to roof Imes in other development areas of SP88.2. These proposed plans are not visually unified; they do not provide order and coherence and lack visual presentation In all directions. The Baldwin C•~-ipany has continued to propose a product that Is Incompatible and not In harmony with the unique identfflcatlon of the Summft Point. Mari Penny, 8125 Oxley Court, Anaheim, CA. They have hired a professional architect. They wanted to be as objective as possible in explaining how these plans are Incompatible with their existing homes. They have hired Michael Lan of Lan & Associates. He did an analysis of the existing models and the proposed models. She pointed out some differences on the exhibits. Nannette Minow, 1071 S. Taylor Court, Anaheim, CA. She expressed her feelings and expressed how outraged she was when she left the last meeting. Staff is being paid and they put together a vory comprehensive report and ft was totally ignored and that is not fair at all. There is absolutely no consistency between the two projects. She elaborated. Dr. Robert Minow, 1071 S. Taylor Court, Anaheim, CA. They would like to make some kind of compromise proposal. He personally would like to propose that the existing homes wfthin Summit Point, that have been developer, continue to be developed as ft is wfth the same type of homes. The rest of what was to be Summit Point be separated out Into a separate community (guard gate or not) wfth separate walls and separate identity and consistent characteristics. Page 4 -- .. I~9 I! Marilyn Ryder (phonetically spelled), 8115 E. Bailey Way, Anaheim, CA. She is on an interim ` ~. occupar ~..y agreement with the Baldwin Company because they were unable to soil her the house. She entered into a sales contract with them in June of 1993 and they moved In f December f, 1993. They have Just told her they could close escrow. They told her the models that would be across the street front her would look exactly the same as their homes; they would have the wood windows and the only differences would be that they would be smaller in square-footage and that they would have fewer luxurious interior amenities. She Is a realtor and gave some statistics relative to resale homes. In 1993 only one home over $500,000 sold in the entire East Orange County Board of PQaltors. In the last 3 months each and every month there have been 14 to 15 homes sold over $500,000. Supply and demand is a real estate Issue and they are going to miss the mark again. The reason they are going to miss the mark is because Anaheim Hills is over built with entry Ievei housing and first time move up housing and they have only 3 luxury estate homes In gated communities at two million dollars plus. She added those homes are 10 to 15 years old and are becoming dated. Their argument is that there is no market for this and it is her professional opinion that they continue to build the same homes they have been building-that there will Indeed be a market for them. She submitted the statistics for their review. She added there is a 21 % Increase in sales in the luxury housing market in the last 3 months. Mark Grossman, 1080 Taylor Court, Anaheim, CA. He gave some further statistics. It is unfair to put these houses noxt to their homes. Theso homes are not compatible because they are not putting the money into them. Hildegard Casey (phoneticaily spelled). No address given. They bought their home believing they would be living in on particular area. Now within their guarded gate, they Intend to change s(gnfficantly, to the point where she feels the Baid~vin Company is steeling from them. She asked the Commission to see that that does not happen. Jane Grossman, 1080 Taylor Court, Anaheim HIIIs, CA. The proposed models resemble many of the other tracts in their neighborhood. Their homes are very unique and special. The models do not fit Into their neighborhood. The person who owns the lot next door was denied the use of aluminum windows on the custom home he was going to build next door and yet they call out for aluminum windows on the proposed homes. Please do not put up these homes in their neighborhood. REBUTTAL: Ron Freeman stated many of the comments that were made were purely subjective in nature and somewhat attacking in character as well. They have worked with staff consistently and tried to receive Commission Input regarding these homes; they are clearly consistent with the SpecKic Plan guidelines; they are compatible with the existing residences and they would be proud to build them and requested a decision on the product today. THE PUBLIC HEARING WAS CLOSED. ~ Page 5 ,; ;~ 3 3 DISCUSSION: s ~. Commissioner Henninger asked H these are essentially variations on the houses they bunt across the street? Mr. Freeman explained they are a completely different product type. They have never built them anywhere before. The product type reference is from 2,500 to 3,000 square feet and they are 3,500 to over 4,000 square feet. Commissioner Caldwell stated there Is certainly less of a similarfty between the revised drawings and the current drawings wfth Summit Springs. The first ones were very similar with similar roof Imes and front doors shoved over to the left but he guessed that could vary. They seemed to have changed ft somewhat There was no doubt in his mind that they were putting a lesser quality product in. They are going to price them less and have less amenfties. They are going to have aluminum windows versus wood windows. This is a tough call. They are offering something that is more similar to what they have in Summit Springs then what they have at Summft Point. Mr. Freeman stated they are putting them in the Summit Point project because they are compatible wfth Summit Point and not with Summft Springs. Commissioner fv!ocSe stated there was mention made that they would not be doing landscaping of the needy designed units as they had done for the older unts that are in. He asked ff they do landscape% Mr. Freeman explained the statement was made that the landscaping on the houses would not be to the same level that the existing landscaping on the production houses are occurring. That is an ind(vidual landowner's decision as they do not landscape houses. That is the owner's preference. He does not personally agree with that comment. Chairman Peraza stated in looking at the old drawings and the new drawings, there is a lot of difference. He knew the homes would be smaller, but the back ends really look very different and the angles and cutaways, etc. Commissioner Messe stated he would like a comment from staff relative to the roof i(nes of the proposed models and the roof lines of the existing models. He asked what the differences were. Kevin Bass, Planning Department, stated because the new models are slightly smaller, there will be a different pftch because ft is a lesser area to cover. With the larger homes, because of the height Iimft of 26 feet, you will end up having a shallower pftch and a more powerful statement because there are less roof ridges. It is a shallower design, whereas the new homes, because they are slightly smaller, are going to have more of a pitch given the sam, constraints because there is not as much area to cover. That is where the maJor differences come in. On the new homes you will have more roof ridges ff you count the number of rldgE. Commissioner Messe asked H he felt what was submitted at the last meeting was pretty flue to what will be built out there as far as roof lines are concemed7 L Page 6 i T ?i ,t Mr. Bass explained the computer drawings show that the roof lines are shallower than what was originally proposed on this revision giving tl~e illusion that it is similar. The roof design x cannot be similar because the houses are smaller. They are going to be a different pftch. ~ Also the design of the houses are going to have different roof ridges and a different number of roof ridges. Compatlbilfry is a tough question to ask. From the photographs they submitted they do look similar. Commissioner Henninger addressed the Deputy City Attorney, Selma Mann, and stated at the last meeting there was some discussion about what the appropriate standards were to use judging this. He asked for her to review the Specffic Plan language that governs this. Ms. Mann stated on the Site Plan consistency section, she thought they would go back to the She Plan approval and look at the standard for that. What they would be looking at would be consistency with the Specific Plan and the Zoning Chapter for the Specfic Plan which is 18.72.040. She did not think there was any question, but that there was consistency wfth the Zoning Standards, so what would remain would be to look at the Specific Plan ftself. The Specific Pian does have reference to design guidelines and ft means pretty specifically what Is in the Specific Plan document ftself and she believed that some of the property owners quoted from some of the language in that. Where some of the confusion came in, Is that there is more than one document that is being called Design Guidelines. Whereas there was a comparison to the Design Guidelines, that the property owners are required to conform wfth when they purchase the property. Those are not the same Design Guidelines as are { necessarily in the Specific Plan document ftself. The Specific Plan Indicates that the Design Guidelines expressed design Intent rather than absolutes. It would then be up to the Planning Commission to make a reason judgment with f regard to whether something is consistent or not consistent. It does not mean Identical, but I consistent. Obviously there is going to be a subject(ve element and the test would be that ' decisions not be arbitrary or capricious in whatever decision the Commission reaches and that ft be based upon specffic facts. Commissioner Henninger asked what the guidelines were that were in the Specific Plan? Ms. Mann stated the Design Guidelines are attached as Item No. 1 to the staff report. It has provisions wfth regard to sfte planning and wfth regard to archftecture. She read same of the specifics Into the record. Commissioner Mayer had a question regarding the proposed compromise. She asked ff they were to divide the property and build out what they have next to their homes and start a second development, how many lots would be involved ar.d have they looked at this at all? Mr. Freeman explained he has looked at that and ft Is not feasible. He has fi0 lots graded ;ght now with streets in and to do what is proposed is something they would not consider. ~ Commissioner Caldwell stated throughout all of these hearings we have been tempted to take i a basic tract style house design and he is going to use Summft Springs as an example and try to make ft compatible with Summit Point. ~ Page 7 ~ ~. 2a. CEOA CATEGORICAL EXEMPTION-CLASS 21 Continued to 2b. WAIVER OF CODE REQUIREMENT 4-18-94 2c. CONDITIONAL USE PERMIT NO. 3253. 3414 AND 2905 (Readvertised) INITIATED BY: CITY OF ANAHEIM, 200 S. Anahelm Blvd., Anaheim, CA 92805 OWNERS: SO CAL CINEMAS, INC., Attn: Bruce Sanborn, 13 Corporate Plaza, Newport Beach, CA 92660; DEBEIKES INVESTMENT CO., Attn: Richard Debeikes, 2300 Michelson Drive, #200, Irvine, CA 92715-1336 LOCATION: INC EMAPOL~IS -Property is approximately 5.54 acres located on the north side of La Palma Avenue and approximately 300 feet west of the centedine of Imperial Highway (5635 E. La Palma Ave.). IMPERIA'-PROMENADE -Property is approximately 4.4 acres located on the northwest comer of La Palma Avenue and Imperial Highway (5645-5675 E. La Paima Ave.). Request for possible revocation or modHfcation to condRlons of approval of an existing movie theater complex and commercial retail center. ,- Continued from the January 10, 24, and February 7, 1994 Planning Commission meetings. CONDITIONAL USE PERMIT RESOLUTION N0. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None ACTION: Continued subject request to the April 18, 1994 Planning Commission meeting. VOTE: 7.0 Page 9 He did not think, in this sftuation, based on this criteria, that they are compatible and they are not architecturally the same. We are trying to take a product that is not similar to these and mako k similar. In his mind, and fairest Judgment, he dkJ not think they were accompiishing h and they are going to have a street scope. Th3 neighborhood Is going to be extremely dKtcrent. They will be able to pick out the originals and additions. They have bulit some beautHul homes and they are trying to squeeze that beauty out of a tract house and it Is not working in his eye. ACTION: Approved previously certHied EIR No. 281 Commissioner Caidwell offered a Motion, seconded by Commissioner Peraza and MOTION FAILED TO CARRY (Commissioners 6..,.istun, Henninger, Mayer, Masse and Taft voted no) to deny the revised plans for Tract Map No. 13266. Cormissioner Masse offered a Motion, seconded by Commissioner Boydstun and MOTION CARRIED (Commissioners Caldweil, Henninger and Peraza voted no) that the Anaheim City Planning Commission doas hereby approve the revised plans for Tract No. 13266 with the following added condftlon: That the 4-car garage option shall be limited to a maximum of 2596 of the units within this tract. VOTE: 4-3 (Commissioners Caldwell, Henninger and P:-~aza voted No) r-, Page 8 3a. CEOA NEGATIVE DECLARATION Previously f ,proved Approved 3b. CONDITIONAL USE PERMIT N0.3514 Readvertised Approved amendment to OWNER: IMPERIAL PROMENADE PARTNERS, 2300 Michelson Dr., #200, condRlons of Irvine, CA 92715 approval AGENT: ZENDEJAS MEXICAN RESTAURANT, 665 W. Arrow Hwy., San Dimas, CA 91773 LOCATION: 5665 E. La Palma Ave. Property is approximately 4.4 acres located north and west of the northwest comer of La Palma Avenue and Imperial Highway. Petitioner requests modification or deletion of condition of approval pertaining to the prohibftlon of pool tables wfthin an existing enclosed restaurant. Continued from the February 7, 1997 Planning Commission meeting. CONDITIONAL USE PERMIT RESOLUTION N0. PC9440 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None ~ PETITIONER: Tony Zendejas, ZendeJas Mexican Restaurant, 5655 E. La Palma, Anaheim, CA. ACTION: Approved Negative Declaration Approved request, modified Condtion No. 11 of Resolution Na. PC92-51 to read as follows: "11. That no more than two (2) coin-operated pool tables shall be permitted. Said tables shall be located in the bar/lounge area only. No other coin operated games shall be maintained upon the premises at any time.' VOTE: 7-0 Page 10 ;.# II 4a ~EOA NEGATIVE DECLARATION 4b. WAIVER OF CODE REQUIREMENT 4c. CONDITIONAL USE PERMIT N0.3662 OWNER: WEST STREET DEVELOPMENT CO., INC., P.O. Box 16021, Anahelm, CA 92817 LOCATION: 6270E Santa Ana Canvon Road. Property is approximately .94 acre located on the south side of Santa Ana Canyon Road. and approximately 515 feet west of the centerline of Fairmont Boulevard. To permft a 4,416 square foot private educational facility (pre-school to 3rd grade) and a 4,372 square foot church wfth waivers of minimum landscape setback adjacent to a residential zone boundary and minimum setback of institutional uses adjacent to a residential zone boundary. Continued from the February 23, and March 7, 1994, Planning Commission meetings. CONDITIONAL USE PERMIT RESOLUTION N0. PC9441 ;~ K Approved ~ Approved, in part Granted, in part FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: 3 people present/correspondence was received In opposition PETITIONER: given atrthe I st meeting by the Planning Comml sion, he redesigned the elevatio s t ithe building to be in keeping with the area including pRch roofs and a stucco texture to the outside of the buildings. OPPOSITION'S COMMENTS: Susan Siegmann, Member of Anaheim Hills Business Coalftlon. She read a letter Into the record on behalf of Norman Barsky, 6277 Rio Grande DrNe. Subject letter is on file in the Planning Department. Other Opposition: Peggy Meadows, Rio Grande DrNe; Ray Pontius, 6276 Calle Jaime (he read a letter into the record from Daniel P. Huffman, 6275 E. Calla Jaime). Major Concerns: View; remove air condtioners off of the roof; noise from air conditioners; would like a site plan for grading; temporary arrangement for church; noise Issues from starting pre school at 6:OOa.m.; unfinished horse trail; nothing against children; ask that this not continue on as a CUP; parking against residential; concern regarding thievery and persons Jumping the fence; italian cypress trees need to be planted closer together than what is on the renderings; freeway sound wall; Mr. Brown has a "For Sale" sign on the property; do not want rat trap that is next to them; would like for them to do something about the rats such as having pest control come out; verbal promises are not sufficient; has Page 11 about the rats such as having pest control come out; verbal promises are not sufficient; has -. not put down on paper, any plans or specs. REBUTTAL: Mr. Brown stated he spoke wfth Nlr. Pontius yesterday and measured the distance between his cypress trees. They are about 28 Inches on center. the archftect stated they should be 4 feet on center. He really did not care efther way. He will plant them closer together ft ft will help. The cypress trees will eventually make the building irnisible. The only 35•foot height reflects those peaks that they put on the roof which are genuine archftectural features. The building height is still the same. Nor is there any deviation from what is allowed in the height to setback ratio. THE PUBLIC HEARING WAS CLOSED. DISCUSSION: Commissioner Messe stated the air conditioning is fully enclosed and asked Mr. Brown to explain that. Mr. Brown explained they have managed to Iimft tho air condtioning units which are in the attic to air handlers. Air handlers effectively make no noise, they are just a fan and a furnace. The compressors are located behind the gates between the buildings on the revised elevations. You will not see any air conditioning unfts-you will see a clean roof except for the vent lines. He added he was not seeking any height variances. Commissioner Boydstun asked ff this changed their setback any from the residential with the 3 feat added? Jonathan Borrego, Senior Planner, stated ft would. He assumed that Mr. Brown, in his final drawings, is going to make sure at those points where the building is 35 feet in height, that ft will be setback a minimum of 70 feet from the west property Ilne. There are some variations in the roof height, so ft depends on where the peaks fail. He would need to meet the 70•foot setback for the 35-foot building heights. Mr. Brown explained the minimum proximity for any of the projections from the building of the roof height, is 70 feet. In most cases, ft is a little more then 70 feet, but not a lot more because of the lot's narcowness. Commissioner Messe commented they received a letter from George Slatten dated March 15th which essentially is the same a: 'iat was submitted last t(me. Mrs. May thought Mr. Slatten measured the noise level of an older children's class which means a second and third grade class and a pre school. He actually measured a pre school class and then the'K" class. What he submitted was the reading he got from his "K" class. They only have the data on pre schooiers and "K" students at this time. Commissioner Messe stated the noise measurements he took were an 30 and 24 children. He was wondering how many children were going to be at this school. Mr. Brown explained the maximum number of children proposed is 100, however, the playground will not support that. The class recesses go in approximate Increments of 25 children. Page 12 Commissioner Mayer asked about the early morning Issue that one of the homeowners brought up. She asked for clarfficatlon ff the children are on the playground early in the morning. Mr. Brown stated in the operating statement that he submitted, ff sets forth that recess begins around 9:OOa.m. When the children get to the school, they go inside. Aker a certain amount of class time, they recess. The classes do not all go out at once. It Is not practical and they are not allowed to commingle third graders wffh pre schoolers. Therefore, recesses are rotated. Commissioner Messe asked ff he stipulated to no more than 25 children on the playground at one time? yJould he accept that as a condition of the CUP? Mr. Brown indicated that Mrs. May would have to answer that question. Commissioner Caldwell asked about signage. Mr. Brown explained he has 3 parcels and would like to put up 3 identifying signs. If he only puts up a 5' X 4' sign he was not sure ff h would be adequate identfffcation for the property. At this time he will see ff the operators need more identffication. At this time he is willing to go wkh staff's recommendation. The size ff 20 square feet. Chairman Peraza stated Mr. Pontius mentioned they were going to propose an 8 or 10-foot wall. Mr. Brown slated they discussed the possibility. He would do what was necessary to privatize the neighborhood and mftigate the sound. At the present time the wall is a minimum of 3 feet. In many cases ff is higher than 6 feet. Mr. Borrego read the following correction Into the record; He referenced page 3 of the staff report. The table that lists the building heights (paragraph e) should be changed to read 35 feet rather than 32 feet as shown on the report. On the foliowing page (paragraph no. 10), the middle portion of the table should read 70 feet fora 35-foot high building rather than 64 feet fora 32-foot high building. He also suggests to add a condftion of approval limiting the maximum enrollment of the school and also the hours of operation. Mr. Brown stated Mrs. May did clarity that 25 children would be the maximum allowed on the playground at any one time. Commissioner Boydstun asked for clarffication as to when they would start using the playground? Mr. Brown statal his letter of operation said around 8:30a.m. (t3:30a.m. to S:OOp.m.). Commissioner Messe stated they show 9:30a.m. to 4:OOp.m. Commissioner Boydstun asked what the operating hours would be? Mr. Brown stated 6:OOa.m. to 6:30p.m. Page 13 Commissioner Taft asked staff ff they looked at the view from Rio Grande. He asked ff the addftional 3 feet had any affect on the horizon view? Mr. Brown explained that the lower 7 or 8 feet of the building is completely obscured by the I parking lot (subterranean), so therefore, there is no affect. The homes behind there do have a legftimate concern regarding the view that they may be enjoying at the present time out Into the freeway. The highest point of his building is lower than grade of their tot. There is no line-of-sight view. The trees in the park across the street are higher than the top of his building. He did provkle a line-of-sight from Calle Jaime and from the front of the building. He was not sure H the Commission was In receipt of that or not. It is on the new elevations of the building. Speaker did not identify himself. if they move the playground up against the west wall, do they have a nose study that would compensate for that? Mr. Brown stated he has no plans of moving the playground and he would not be allowed to do that based on the approval he is requesting. If, in the future it is moved, it would require a separate variance because ft is an institutional use next to a residential property line. ACTION: Approved Negative Declaration Approved, in part, Waiver of Code Requirement -the waiver pertaln(ng to minimum setback of insttutional uses to residential zone boundary was deleted following public notiflcatlon. Granted Conditional Use Permit No. 3662, In part, with the following added condftions: 1. That the signage on sub)ect property shall be limited to one monument sign. .--. 2. That operating hours shall be Iimfted as follows: Monday through Friday from 6:00 a.m. to 6:30 p.m. 3. That the maximum enrollment. of children, ages Infant through 3rd grade, shall be Iimfted to one hundred {100). 4. That the playground hours shall be Iimfted to 9:00 a.m. to 5:00 and that no more than twenty five {25) children shall use the playground at one time. 5. That the proposed Italian Cypress trees shall be planted no more than three (3) feet apart. VOTE: 7-0 Page 14 5a. CEOA NEGATIVE DECLARATION 5b RECLASSIFICATION N0.93-9408 OWNER: LIVING STREAM, A CALIFORNIA NON PROFIT CORPORATION, 1853 W. Ball Road, Anaheim, CA 92804 AGENT: ANDREW YU, 1853 W. Ball Road, Anaheim, CA 92804 LOCATION: X01 S. Emoire Street. Property is approximately 2.97 acres located on the west side of Empire Street and approximately 700 feet south of the centerline of Ball Road and further described as 1301 S. Empire Street. To reclassify subject property from the RS•A-43,000 (Residential/ Agricultural) Zone to the RM~,000 (Residential, Multiple-Family) Zone to construct a 2-story, 40-unit, condominium complex. Continued from the March 7, 1994 Planning Commission meeting. RECLASSIFICATION RESOLUTION N0. Continued to April 4, 1994 FOLLOWING IS A SUMMARY OF THE PLANNING COMMI: !ON ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER: Commissioner Henninger stated he did listen to the tape on this hem from the March 7, 1994, PC meeting. Selma Mann, Deputy City Attorney, advised the Planning Commission that the public hearing was not continued on this hem. They cannot take in extra testimony, but they can deliberate and take a vote on k based upon what was already discussed last time. She further explained they do hale an alternative, i.e., ff they did want to take additional testimony, they could readvertise the public hearing. Chairman Peraza asked for clariflcatlon ff they could continue k and Ms. Mann indicated that Is correct ff you wish to have addffionai testimony prior to a vote. Commissioner Henninger stated when he listened to the tape, ff sounded like Living Stream obviously had some problems with their church operation. He understands from staff they are looking Into that. He asked ff they were going to have a report from Code Enforcement under Reports and Recommendations? Page 15 Jonathan Borrego, Senior Planner, explained that Code enforcement is going to come back .~, and report on the operation of the church. There is a CUP that authorizes the church and they will take a look at the exist(ng operation to make sure they are compl~ing wfth the condftlons of the original condftional use permft for the church operation. Commissioner Caldwell stated this really is two complete separate issues. Mr. Borrego stated they do Intend to keep them that way. Commissioner Messe clarified this is Just a reclassification. It was determined that this hem would be continued and readvertised in order to hear further testimony frnm Interested parties. Ms. Mann suggested this be the first ftem on the next agenda. ACTION: Continued subject request to the April 4, 1994 Planning Commission meeting to readvertise ft and to re-open the public hearing. This will be the first ftem on the agenda. VOTE: 7-0 1~~; +`.;;.. .~ Page 16 _i 6a. CEQA NEGATIVE DECLARATION Previously Approved lpproved 6b. VARIANCE N0.4235 Readvertised Approved amendment to OWNER: ALEX WHITTLE C/0 Whittle InvestorsState College, 234 E, condiions of Colorado Blvd., Ste. 200, Pasadena, CA 91101-2282 approval AGENT: GARY BASTIEN C/0 Bastien & Assoc., Inc., 8 Corporate Park, Ste. 100, Irvine, CA 92714 LOCATION: 2050 South State College 90 lu evard. Property is approximately 5.13 acres and located on the east side of State College Boulevard and approximately 195 feet north of the centerline of Orangewood Avenue and further described as 2050 S. State College boulevard. Petitioner requests modfflcatlon or deletion of a condition of approval pertaining to required site screening in conjunction with a prevlously approved general services and materials management facility with waiver of site enclosure and screening +equirements. VARIANCE RESOLUTION N0. PC9442 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER: Don Purdue, Bastien & Associates Architects, 8 Corporate Park, Suite 100,. Irvine, CA. They are the owner/agent. They have reviewed the staff recommendation and are content with it granting their application. They received a second address for the building. For this protect ft will bo 2040 S. State College Blvd. He referenced condition no. 3. It says conditions are to be met within 60 days. They assume the project will be done in about 60 days. The northerly fence is one of the last items they will do. The City Is investigating the status of the railroad easement property, 10 feet of which is on their side. They assume k will be resolved by then and should know whether or not they can move their fence. Until that is done they cannot move the fence which means they cannot put the slats into the fence. They asked for some latitude on that hem. Commissioner Masse asked ff 60 days from the date of the resolution would be sufficient? Mr. Purdue Indicated that would be floe. Page 17 Commissioner Henninger suggested 90 days. THE PUBLIC HEARING WAS CLOSED. ~~. 1... DISCUSSION: No further discussion took place. Commissioner Messe asked staff to look Into changing their ordinance Section 18.61.068.030. Moved that they rewrite it for future recommendation to the City Council for a change. (Peraza second). ACTION: Approved Negative Declaretion Approved subject request wkh the foliowing change to Conditlon No. 3: 3. That CondRion Nos. 1 and 2, above-mentioned, shall be completed within a period of ninety (90) days from the date of this resolution. VOTE: 7-0 Page 18 I 7a. ,CLEQA MITIGATED NEGATIVE DECLARATI N 7b. WAIVER OF CODE REQUIREMENT 7c. CONDITIONAL USE PERMIT N0. 3666 OWNER: CONVENTION CENTER INN, LIMITED PARTNERSHIP, Attn: Ashik Patel, 1734 S. Harbor Blvd., Anahelm, CA 928U? AGENT: JOHN SWINT, 707 W. North St., Anaheim, CA 92805 LOCATION: 2017 South Harbor Boulevard (Convention Center Innl. Property is approximately 3.3 acres located on the west side of Harbor Boulevard and approximately 380 feot south of the centerline of Conventlon Way and further described as 2017 S. Harbor Boulevard. To permit an 84-foot high, 5•story, 312-unit motel complex, including the demolition of a 78-unit building and a 3,800•square foot restaurant, remodel of the existing 122-unft building, and construction of a 190-unit building and a 5,776-square foot restaurant wfth waivers of minimum number of parking spaces, minimum structural setback, permitted encroachment into front setback, requlred landscaping of surface parking lot, required landscaping adjacent to parking structures and permitted signs for motels/hotels. CONDITIONAL USE PERMIT NO. Continued tc 4-4.94 ~ ~, FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None PETITIONER: John Swint, 707 W. North Street, Anaheim, CA. Requested a 2 week continuance. ACTION: Subject request was continued to the April 4, 1994 Planning Commission mzeting, as requested by the applicant at the public hearing. VOTE: 7-0 Page 19 I i-, 8a. CEQA NEGATIVE DECLARATION 8b. CONDITIONAL USE PERMIT N0.3668 OWNER: DONG HO HAHN, HYON M. HAHN, Y.H. HAHN AND B.J. HAHN, 8672 Cortez Ave., Garden Grove, CA 92644 AGENT: FERNANDO DALY, 3136 W. Ball Road, #12, Anaheim, CA 92804 LOCATION: 1214 DALE AVENUE. Property is approximately .43 acre located on the east side of Dale Street and approximately 210 feet south of the centedine of Ball Road and further described as 1214 Daie Avenue. To permk a 990•square foot convenience market (grocery store) within an existing 13,000•square foot commercial retail center. CONDITIONAL USE PERMIT RESOLUTION NO. PC9443 Approved Granted FOLLOWING IS A SUMMARY OF THE PLANNING ;;OMMISSION ACTION. NOT TO BE CONSIDERED OFFICIAL MINUTES. OPPOSITION: None `~' PETITIONER: t Fernando Daly. He would like to open a market. No plans for alcohol. Only vegetables, fruit an traditional items from his country Panama. THE PUBLIC HEARING WAS CLOSED. DISCUSSION: Commissioner Boydstun asked if they sold meat? i Mr. Daly, stated in the future, yes. However, right now the Health Department told him H he sells meat it must be (n packages and not open. She asked if he was the owner of the building? Mr. Daly explained he was the owner of the store. He leases the space. Commissioner Boydstun stated the owner needed to do some things. The parking lot is a mess. Mr. Daly stated he and the owner will work together. He is only plannfrg on being there for approximately one year. Commissioner Boydstun stated the owner needs to fill the pot holes in the parking lot and fix the driveway at a minimum. Pace 20 l Mr. Daly stated he agrees wffh that. Chairman Peraza asked ff he was in the building now? He noticed an abandoned counter in the back. He asked ff that could be put away, stored or thrown away? Mr. Daly explained the counter in the back is from the liquor store. It is not his. ~ Chairman Peraza suggested he talk to the owner about getting rid of ft and clean the place up in the ', back. Mr. Daly agreed. Commissioner Boydstun stated he must clean it up or they will send Code Enforcement out there. Commissioner Henninger asked what means do they have other than condffloning this CUP to repair the parking lot? Mr. Borrego stated, unfortunately, to repair or restripe a parking lot, ff does not require a permff. They usually do not have any sort of a catch to verity these things. The parking lot does need to be resurfaced and it does need to be restrfped. The only way to do that is to actually condfflon this application. Commissioner Boydstun asked ff they could send Code Enforcement out and let them go to the owner? Greg Hastings, Zoning D(vfsion Manager, explained Code Enforcement does have a little bit of leverage in terms of a nuisance ordinance in the City. They could go out and she the property i~ owner independent of this request. Commissioner Boydstun ~uated this man is not responsible for fixing the parking lot, the owner is. Mr. Hastings slats' they could pass on the Commission's direction to Cade Enforcement so that Code Enforcement can go out and sfte the owner. Commissioner Caldwell asked ff there was some way they could monitor that through a Report and Recommendation? Mr. Hastings stated they could ask Code Enforcement to report back to the Commission. ACTION: Approved N6gative Declaration Approved Conditional Use Permft No. 3668 VOTE: 7-0 ~ I 1 Page 21 ;# t .- REPORTS AND RECOMMENDATIONS: A. CONDITIONAL USE PERMIT NO 2651 -REQUEST FOR AN Approved EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL: {to expire 2-26-95) Dwight R. Belden, Vice President Anaheim and Company, 450 Newport Center Drive, Ste. 304 Newport Beach, CA 92660-7640. Request for a retro-active extension of time to comply wfth conditions of approval for Condtional Use Permft No. 2651 (to permit an 11-story hotel and a 12- and 15-story office complex) to expire February 26, 1995. Property is located at 2400 E. Katella Ave. B. CONDITIONAL USE PERMIT NO 3356 -REQUEST FOR AN Approved EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF (to expire 1-15.95) APPROVAL: Tom Grifffth, Protect Manager, Rockefeller and Associates Realty, LP., Four Embarcadero Center, 26th Floor, San Francisco, CA 94111. Request for a retroactive extension of time to comply wfth conditions of approval for Conditional Use Permft No. 3356 (to Permft two 13-story office towers and a 134-unit hotel) to expire January 15, 1995. Property is located at 1750 South State College Blvd. C. PROPOSED ORDINANCE AMENDING A PORTION OF THE ANAHEIM Recommended MUNICIPAL CODE RELATING TO ADMINISTRATIVE ADJUSTMENTS. Count con to City D. CONDITIONAL USE PERMIT N0. 2910 -SUBSTANTIAL d Determined that the revised plans are fn . CONFORMANCE REVIEW OF REVISED PLANS: City Inftlate Conditional Use Permft No. 2910 for substantial conformance review of substantial nformance with revised plans in conjunction wfth a child day care facility for a maximum units located at 1108 N. dwellin il f l co original plans g y am e- of 24 children and two multip Acacia Street. Continued from the February 23, 1994, Planning Commission meeting. DISCUSSION: Commissioner Henninger stated there has been some substantial progress made about cleaning up tha Code problems and the staff is recommending that the plans as proposed are in substantial conformance. Page 22 ~~ Commissioner Caldwell stated he wanted to make sure that the progress continues and that they will be kept appraised of any issues that may come up that may be a problem with safety, health and welfare of the peoplo that use the facility. Mr. Borrego stated all structures on the property will have to be brought up to all applicable Codes and permitted. END 9•D E. REPORT TO PLANNING COMMISSION PERTAINING TO STATUS OF Determined that SLOPE LANDSCAPING WITHIN THE SUMMIT OF ANAHEIM HILLS another report shall SPECIFIC PLAN (SP88-2). come back to the Planning Commisslon on July 11, 1994 for further review DISCUSSION: Melanie Adams, Public Works•Engineering DNision, stated at the last meeting the Commisslon requested a review of the slope landscaping and irrigation within Development Area 101, l.e., Summit Point. The staff report basically outlines what has happened since the last time the Commission has reviewed the Specfic Plan and what is happening to date. Basically, the project has gone through several stages. Initially the Specific Plan talks about the basic aesthetic impacts they are looking for in the area. It was very general and she did not really specify plant materials except for the Oak Woodland Habftat area. Further, the condRions of approval required that landscape plans be submitted to and approved by the Planning Department prior to the approval of each grading plan and that the installation should be completo prior to the first occupancy in each subdivision. Further, the Baldwin Company did submit a preliminary landscape concept plan for the Development Area and that was presented to the Commission at the June 19, 1989 meeting. That did include a specific pallet of trees, shrubs and ground cover and in addition they had some more information about the Oak Woodland area and fuel modfficatlon slopes. She did have the original plan and asked that they lay it out on the front table or have ft posted on the board. She explained the Baldwin Company moved forward and did have slope landscape plans prepared as each grading plan was approved, however, they did fall behind schedule and the landscaping was not complete on several tracts before homes were occupied. This was the case in the Summit Point. Many ;~ameowners have been living there since 1990 and others will be able to testify a~ to when they moved in. Page 23 '~ There was a period of time when the majority of the slopes were completely bare. , They did begin receiving a large number of complaints in March of 1992 and they began working wfth the Baldwin Company at that time. The Baldwin Company did report, and dkl have substantiated by their Soils Engineer and Landscape Archftect, that they had indeed planted large areas of the slopes, but the plants were dying off due tc the high content of Iron sulfate and other salts resulting (n a low PH. The Cfty began working wfth Baldwin and are striving for revised landscape plans that would remediate the problem. Baldwin did have their landscape archftect prepare a trial program and they worked on a small area of the slope looking for what type of plants and what type of irrigation techniques would be compatible and suftable for the soils In the area. As far as a perspective from the Public Works Department, their first and primary concern is safety and their concern in this case was a surface erosion and that the slope area would be covered. Also, to minimize any potential for surface erosion for the short term and potential failures in the very, very long term ff these slcpes era left exposed They had their consulting landscape archftect review the revised plans and also review the trial program and what they basically concluded was that they would go with a program of some very hardy shrubs that did well in poor soli conditions. In addftion to that, instead of using the highly omamentai ground cover, switch the use of native grasses that would provide the cover on the slopes. Their negotiations with Baldwin and working with them, they are not moving as fast as they would have liked them to-that was in May of 1993. The City did declare, in writing, to the Baldwin Company and their Surety, that the terms of the bond had nut been met and the City intended to take act~en against the bond. Many of ttie homeowners did receive a copy of that letter. Upon receipt of that letter the Baldwin Company did pledge and has engaged in a very aggressive program to bring the slopes wfthin that community up to date. Public Work's staff has been meeting with Baldwin on a monthly basis since October 1993. They project that Tracts 13265 and 13512 will be in full compliance by the end of June 1994, and therefore, the City has not proceeded any further on taking action against the bonds and this is one of the things that the homeowners were concemed about. Now that they are having progress with them, they would like prefer not to go against the legal actions iF they can possibly help ft. Public Works is concerned about the safety issues and they would like to bring back to the Commission the aesthetics Issues; gat the Commission's Input and consideration as to whether they believe the aesthetic goals of the slope landscaping program wfthin the Summft Point have been met and to determine if they would Ilke to have further review on the aesthetic aspects of the project before future landscaping plans are approved. Page 24 Commissioner Caldwell asked what the landscaping sSuat(on would be in June of --~ 1994 and how she would describe that? Ms. Adams stated In June of 1994, all of the shrub materials would be planted in the density required by the plan. Also the native grasses would be fully grown in the sense that they would be spreading across the slope. Some of the grass is just starting to come forth. WSh the onset of spring we should see some of the native grasses Sourish. Commissioner Messe asked what happens to the native grasses in the mid summer and fall months? Ms. Adams explained going towards the end of the summer, they are not going to be looking green-they will start looking brown again. The shrubs that were selected will have begun spreading even more. Eventually as the shrubs spread, the grasses will be cut back. In a few years the grasses will be almost non- existent. Commissioner Caldwell asked with this landscape plan, when would the erosion problems come to an end? Ms. Adams explained In terms of significant erosion, they believe the homeowners havo seen the worst orosion. The establishment, during this year, of the plants would be substantial. As they go Into the rainy season, starting late October and November of 1994, that the surface erosion should be minimal. Commissioner Caldwell asked ff she could report back to them on their July 11th meeting as to the progress of the landscaping, l.e., whether or not it is meeting established goals. Ms. Adams stated they would be happy to report back to the Commission. Commissioner Messe asked ff the shrubbery planting was done on a more dense basis, would that be of any help fn accelerating the elimination of the natNe grass on the slopes? Ms. Adams stated ff may, however, there may be a little more disturbance on the slope. She asked 'rf their goal is the coverage or is their goal omamental? Commissioner Messe stated he was thinking in terms of getting relief on the ornamental side for the slopes. Ms. Adams stated that would be at their discretion and they would have to look at a revised plan for the omamental. Commissioner Messe stated he was just asking ff that would accelerate the elimination of the grasses. Ms. Adams explained h would because they would have to remove more grasses to put in addffional omamental plants. Then you would have to look again as to the overall concept. If the goal is omamental that may be accomplished. The Baldwin Company has been working diligently with staff to cover Tract No. 13512 and while it is at their discretion to go back and do additional work on ff, they Page 25 were actually hoping that the focus would be on future tracts within the .- development. The following persons had concems regarding landscaping Issues: Hobert Minow, 1071 S. Taylor Court; Nannette Minow, 1071 S. Taylor Court; Mark Grossman, 1080 Taylor court; Eieanar Zoota, 1055 Taylor Court; Hildegard Casey, 1031 S. Taylor; Marl Penny, 8125 Oxley Court; Mary Ellen Dwyer, 1059 S. Taylor Court. Ms. Adams responded to some of the homeowner's concerns: She explained the Fire Prevention Division has been up to Summft Point and has reviewed the condftlons of the grasses around their homes and did not find a fire hazard. The review was done Just before the rainy season and the F(re Department does do annual reviews of the area. It will be looked at again es we go Into the summer season. Another hem was the concern that several of the homeowners had relative to the native habftat. That is an integral part of the Specific Plan that the Commission approved and that area which was called the Oak Woodland area. That is the area that is most bare now and would be the next area of focus on the landscaping. A number of the homeowners were concerned about a lack of seeing IMgatlon 11nes and sprinklers in the area. The ult(mate plan that was approved for Tract ,.. No. 13512, which is on the southwesterly side of Taylor Court, is a drip Ircigation system. The reason for that system is because of the condtlon of the soil. She explained as you start loading ft wfth water the iron and salts start leeching out of the soil. The condition of the soil is not ifmfted to the Summft Point area. Unfortunately, The iilghlands Tract No. 12700, experienced a very similar problem. They had mass plant failures and plant die offs similar to lvhat the Baldwin Company has been experiencing. The Presley Company, which develops the Highlands, have been qufte aggressive in their program and they have gotten a number of species to grow well on their slopes. They are starting to see the same soils problems in a couple of other areas within the Baldwin Company that are very close to the Summft Point Development. The difference In looking at the slopes and then looking at the back yards of Individuals homes, Is that there has been an amendment of their soils at the bottom of their slopes. Page 26 \y 4 Ct The tebhniques that the landscape archftegt has used so far is to build small ^ wells around the plants and *.o amend the soils in those wells to nourish the plants in that area rather than doing a complete slope which would be quite complex. Therefore, they hav9 gone wfth the minimal approach of trying to amend the soils right where the plants are planted. They were going for a spreading effect of the limbs of the shrubs across the slope. A few of the homeowners were concerned about the condftion of sidewalks within a development. These are private streets and the first response would be for the Baldwin Company. If there are areas they are still developing to maintain those streets, and ff ft Is has already been fumed over to the homeowner's association, the association would maintain those sidewalks. She asked that the City Inspector go out and check the condftion of the sidewalk as Baldwin is still developing that area and they are responsible for keeping the sidewalks in good condftion until development is complete. She asked Mr. Freeman to describe his program as to how he plans to complete the landscaping wthin the Development Area 101 for Summft Point. Ron Freeman, Senior Vice President, Baldwin Company, 16811 Hale Avenue, Irvine, CA. He stated in response to the homeowner's concern regarding lack of slope landscaping behind the existing homes. He explained they have had problems in getting germination. They are intending to step up the focus on this particular tract to make sure ft is planted per planned and turned over properly to the homeowner, association. ~~ This has been a very sore point for everyone and it is a point of personal frustration and grief for him. He would Tike to make sure they do everything they can for everyone Involved. Wfth regards to planting other slopes wthin the Summft Point tract, there are no other slopes currently that are within the purview of the association wfth anywhere near a chance of turning over to the homeowners association. Their unplanted slopes are in tracts that are not recorded; there are no subdivision agreements in place to guarantee landscape installation. There are moving ahead wfth the tract map recordations to onsure that those bonds will be put in place at the appropriate time. There is a quirk in the tract design behind the easterly side of the existing homes that has a slope in it that is graded and unplanted. It is not part of the either the tract at the toe of the slopes or at the top of the slope. it is designed a;g3n=;iY• They are moving ahead wfth future tract maps in the Summft Point. Page 27 They are required by the City to erosion protect and control slopes that are graded and they have repeatedly Indicated to the homeowners that ff they have a problem and they are not solving it, there clearly is a discussion to be had wfth the Engineering Department who can send their inspector out and require, per the Grading Code, that they eroslon protect those slopes. They have done that in every Instance where it was required of them. They are not, at this time, obligated to plant some of the slopes that are being referred to and yet they do want to move ahead to correct some of the alleged indiscretions in the past. He added they are trying hard. Commissioner Messe asked Mr. Freeman, 4vhen you say you are not obligated, is that due to the fact that those tracts have not been approved yet? Mr. Freeman explained they sre tentatively approved. They do not have final maps, therefore, there are no subdivision agreements in place which would contain a landscape bond. Commissioner Messe asked for clarffication ff he had responsibility for all lntemal slopes? Mr. Freeman indicated that was correct, i.e., of a certain height. if ff is under 5 feet, it is a homeowner responsibility. The slopes they are talking about are cleady their responsibility. Commissioner Caldwell addressed Ms. Adams and stated they now have a plan that will address the problems that have been found. l Ms. Adams explained they have a plan in place for Tract No. 13512 which Is the tract that the majority of the homeowners reside in. The southwesterly slope is within their tract bowidary-that is the plan that includes the landscaping and Irrigation. She referenced the slope on the northeasterly side of the street that is outside of their tract boundary. They are attempting straight erosion control, i.e., the use of sandbags; cleaning off the terraces; and using a polymer coating on the slope. Commissioner Caldwell asked for clarfficatlon ff at this time they have a plan for those areas that the Baldwin Company is directly responsit~ti "tor? We have come up with solutions to the problems and why the plants did not grow in the first place. Ms. Adams indicated they did. She further explained that by the June meeting they would see a lot more coverage, however, the question is aesthetics. Even when coverage is growing well, there will be a few plants with color in them. Commissioner Caldwell stated aesthetics is important, but he thought eroslon control, fire prevention and safety would be the number one issue. By October of 1994, they will have slopes that are protected and safe. Ms. Adams stated that Is true and that has been the focus of the Public Works Department. Page 28 Commissioner Caldwell asked again ff we now have the answers to the problems and ff we will get these slopes in place? Ms. Adams stated the safety Issues have been adequately addressed, however, in her opinion she did not believe the homeovmers would be satisfied because they will still have the unaesthetic look. At that time they will stilt net have pretty plants on tho hillside. Commissioner Caldwell stated they were getting an unbiased third party report that the effort is going forward and they are making good progress. Commissioner Messe stated ft could be three years before slope coverage is really achieved. Ms. Adams agreed ft could be a couple of years. Commisslonei Caldwell asked then they could achieve erosion control by next winter? Ms. Adams stated most deflnftely. She explained they may see some erosion control that does not Include planting. Commissioner Messe asked ff ft was permissible through their Specific Plan, that after a slope has been rough graded ft does not have to be landscpaed? Ms. Adams explained the key point of the Specfffc Plan was tied to occupancy within that tract. However, there Is some language that talks about the phased ~.._ development of the slopes. The strict language really talks about the landscaping ~ of the slope tied to the first occupancy wfthln that same tract and that is where the same problem was on that side of Taylor Court. Commissioner Caldwell stated when they approve this Report and Recommendation, that come July, they want to see there has been progress and they are moving in a way that will solve these problems. Commissioner Henninger stated ft sounds like they have some plan In place and there are suppose to be some plants growing in June. That is something they can take a look at. Ms. Adams asked ff they were concerned about'[he plant pallet, the plants that have been used on the slope and would they like to see plans prior to future approval on future tracts? They have the safety Issues under control and are coming to the Commission for a question about aesthetics. Commissioner Henninger stated to the eMent possible, the slopes should look nice. If there is going to be a native look to ft, i.e., brown most of the year and weedy, it would be nice ff we could do better than that. Commissioner Mayer asked ff the plant mix used on Serrano has a mix of native flowers as well as ornamental and is it Irrigated? ~~ Page 29 Ms. Adams explained the plants used on Serrano are highly omamental and they ~, use a number of highly omamental shrubs and ground cover. They will be showy almost all year round. The plants that were used on the back side of Taylor Court were chosen more for their hardiness with the soil condition and they will be showy only a few months of the year and the grasses will be somewhat unattractive for a tew years until they are completely cut back and replaced by the spreading shrubs. The plan that has been approved (Tract No. 13512) as it stands today, will never be as showy as Serrano. They are missing the real showy attractive ground covsr and they are not being used because of the amount of water that would be required to be loaded onto the slope to bring them out. There were other things that could be tried, and in addition there were a few other plants that were successful on the Highlands slope. They tried a wide range of slopes and there was just a very narrow band of ground cover that really made ft through. Commissioner Henninger stated they get Into a problem with leaching these Iron salts and other salts out of the soil and that has been counter productive to erosion control. Ms. Adams stated it has in the past. it would mean a lot more of making the small wells to plant more omamental shrubs. It could be done, but K would be an intensive effort. ~. Commissioner Messe asked about the staining and Ms. Adams explained that is coming from the hills-h is all of the Iron leaching out on the soli. Commissioner TaR stated in the Highlands there is a slope near Canyon Rim Park that is fairly steeps and does quite well. He asked that they leek Into some of those plants and see what they are using and possibly use those. Ms. Adams explained the actual slopes they really had a problem with were on the interior of the lots wfthin the condominium development. At a future time they may wish to take a tour of the area. They did find a few more omamental plants to use on their slopes, but h was a dffficult search for them. Commissioner Messe stated H those hava been successful, they should be added to the pallet. Ms. Adams stated that would be reasonable. This speaker did not Identify herself. She asked the Commission to use her home as an example. Mr. Scott, 8135 East Oxley Court., he has planted shrubs and one year later he has plants and color. He did not understand what the problem was. ~! Page 30 F _} '1 ~. Ms. Adams asked for clariflcatlon if they would like to review this in their first meeting in July? Commissioner Messe was looking for use of the ornamental ground covering used in the Highlands. ~ommissloner Mayor stated she would also like to know tf~e size of some of the nathre plants that are going In. Some of them are slow growing. Perhaps they should go in in larger sLes. Commissioner Messe asked between now and the report, would ifiey be monftoring the Baldwin Company? Ms. Adams indicated they would continue to meet with them on a monthly bas's and wiU keep The Summft Point the focus of their meetings. They have made great progress (n the other areas wfthin developments and this Is the last trouble spot. END OF 9•E F. CONDITIONAL USE PERMIT N0. 3568 -REQUEST FOR Approved precise REVIEW OF PRECISE FLOOR AND ARCHITECTUR/ L PN.AN floor plans and FOR WALLMART elevations AUTOMOTIVE CENTER. Donahue Schdber, Agent, 3501 Jamboree Rd., Ste. 100, Newport Beach, CA 92660 Attn: Ernie Weber; California State Teacher's Retirement Systems, 7667 Vote: 5.0 Folsom Blvd., Sacramento, CA 95828. Petftioner requests (Commissioners review of precise plans for Conditional Use Permft No. 3566 (to Peraza and Taft permft phased construction of a regional shopping center wfth declared a conflict Indoor entertainment facilftles, an automotive repair and parts of interest) installation facility In conjunction wfth a major retali tenant, semi•enclosed restaurants (outdoor dining/food court), and an auditorium/communfty meeting room). Property location is 500-600 North Euciid Street. }`dk ~~ Page 31 n ~, l ._, G. PLANNING COMMISSION INITIATED REQUEST TO DISCUSS Continued to INITIATING AN AMENDMENT TO THE LAND USE ELEMENT 4.4-94 OF THE GENERAL PLAN: Property is located at 1301 South Empire Street. FURTHER DISCUSSION: ACTION: Commissioner Henninger offered a Motion, seconded by Commissioner Messe and MOTION CARRIED, that the Anaheim Cky Planning Commission does hereby recommend that the Cky Council determine whether k would be appropriate for the Planning Commission to review projects involving Cky owned facilkies. ADJOURNMENT: The Anaheim City Planning Commission adjourned the meeting at 4:35 p.m. to the regularly scheduled Apri14, 1994 Morning Session at 11:00 a.m. ,,~ ~ ~J Page 32