HomeMy WebLinkAbout3/6/1989 - Minutes PCPLANNING COMMISSION MINUTES
City of Orange March 6, 1989
Orange, California Monday - 7:00 p.m.
PRESENT: Commissioners Bosch, Hart, Master, Scott
ABSENT: Commissioner Greek
STAFF
PRESENT: John Godlewski, Sr. Planner & Commission Secretary;
Jack McGee, Administrator - Current Planning;
Gene Minshew, Assistant City Attorney;
Gary Johnson, City Engineer; and
Sue Devlin, Recording Secretary
PLEDGE OF ALLEGIANCE
IN RE:
IN RE:
MINUTES OF FEBRUARY 6, 1989
Moved by Commissioner Master, seconded by Commissioner
Scott, that the Planning Commission approve the Minutes of
February 6, 1989 as recorded.
AYES: Commissioners Bosch,
NOES: None
ABSENT: Commissioner Greek
Hart, Master, Scott
MOTION CARRIED
ITEMS TO BE CONTINUED
ZONE CHANGE 1107-89 - FAR HORIZONS MONTESSORI, INC.:
This was a request for a proposed Zone Change and they are
also required to file a General Plan revision. Therefore,
they are requesting a continuance to April 3, 1989.
Moved by Commissioner Master, seconded by Commissioner
Scott, that the Planning Commission accept the continuance
of Zone Change 1107-89 to April 3, 1989.
AYES: Commissioners Bosch,
NOES: None
ABSENT: Commissioner Greek
Hart, Master, Scott
MOTION CARRIED
IN RE: CONTINUED HEARINGS
CONDITIONAL USE PERMIT 1733-88, PRE-ZONE CHANGE 1103-88,
TENTATIVE TRACT MAP 13819 - B. E. DEVELOPMENT:
A proposal to subdivide an existing 4.6 acre parcel into
five lots, four of which will be suitable for single family
residences. The Conditional Use Permit requests
consideration of a Planned Unit Development and the creation
of lots without frontage on a public street. The Pre-Zone
request will establish a City zone of R-1-40,000. The site
Planning Commission Minutes
March 6, 1989 - Page 2
is located on the east side of Santiago Canyon Road mid-way
between Chapman Avenue and Amapola Avenue.
NOTE: Negative Declaration 1271-88 has been prepared for
this project.
Conditional Use Permit 1733-88, Pre-Zone Change 1103-88 and
Tentative Tract Map 13819 was continued from the January 16,
1989 Planning Commission Meeting.
A staff report was not presented and the public hearing was
opened.
Applicant
George Kerns, Salkin Engineering, 1215 East Chapman Avenue,
represented the applicant, who was in the audience. They
concur with the staff report and briefly outlined their
proposal. When they originally looked at the property they
explored the possibility of doing a standard street and four
full acre lots. However, it required removing almost all of
the hill. The pads would be graded 10 feet above the
elevation of Santiago Avenue. It was not very desirable so
they came up with an alternative solution. They propose to
provide a private street with steeper grades in which the
lot size fits the ground much better.
The public hearing was closed.
Moved by Commissioner Hart, seconded by Commissioner Master,
that the Planning Commission recommend to the City Council
that it accept the findings of the Environmental Review
Board to file Negative Declaration 1271-88.
AYES: Commissioners Bosch, Hart, Master, Scott
NOES: None
ABSENT: Commissioner Greek MOTION CARRIED
Moved by Commissioner Hart, seconded by Commissioner Scott,
that the Planning Commission recommend to the City Council
that it approve Tentative Tract Map 13819, Pre-Zone Change
1103-88 and Conditional Use Permit 1733-88 subject to the
staff's recommendation and the Engineer's Plan Check sheet.
AYES: Commissioners Bosch, Hart, Master, Scott
NOES: None
ABSENT: Commissioner Greek MOTION CARRIED
Planning Commission Minutes
March 6, 1989 - Page 3
IN RE: CONTINUED HEARINGS
CONDITIONAL USE PERMIT 1721-88 AND DEVELOPMENT AGREEMENT
3-8$ - I.D.M.:
A proposal to approve a Development Agreement to facilitate
the construction of approximately 1,675,000 square feet of
high rise offices and a proposed Conditional Use Permit to
allow the development of two 10-story and three 18-story
office buildings. Orange Municipal Code Section 17.46.110
permits additional height in excess of 45 feet subject to
the issuance of a Conditional Use Permit. Orange Municipal
Code Section 17.46.040 permits office use in the M-1 zone,
subject to the issuance of a Conditional Use Permit.
NOTE: Environmental Impact Report 1262 has been prepared
for this project.
Conditional Use Permit 1721-$8 was continued from the
December 5, 1988, January 4, 1989 and February 6, 1989
Planning Commission Meetings.
The staff report was presented by Mr. Godlewski. I.D.M.
proposes a Development Agreement to facilitate the
construction of approximately two 10-story and three
18-story office buildings, as well as a Conditional Use
Permit for height in the M-1 zone. Supplemental information
has been received within the last week from I.D.M. The site
is currently occupied by the Orange Drive-In Theater. The
project stretches across both the City of Anaheim and the
City of Orange, with the majority of the project in the City
of Orange. The primary concern addressed in the
environmental documentation is the traffic and increases in
traffic due to the future development. The proposal is made
in two phases with the first phase being one building in
Anaheim and two buildings in Orange, with the subsequent
development of two buildings in Phase 2 at such time as the
anticipated freeway widening takes place and traffic
mitigation measures are in place.
The public hearing was opened.
Applicant
Ron Winkler, I.D.M. Corporation, 5150 East Pacific Coast
Highway, Long Beach, is the project manager for this
project. The previous continuance was to allow I.D.M. to
resolve certain issues and differences of opinion regarding
content of the conditional Use Permit and the Development
Agreement. This will be a project of significance to the
City and will contribute quite a bit in terms of the scale
of the development, the consistency of that development with
Planning Commission Minutes
March 6, 1989 - Page 4
the redevelopment program the City has in mind for the area
and the tax increment and employment opportunities it will
generate for the community. Their estimate when the project
is completely built out, will produce nearly four million
dollars worth of taxes to be shared by the cities of Anaheim
and Orange annually. They are prepared to accept the
conditions as prepared and published in the blue staff
report dated February 8, 1989. They have had conversations
with the Traffic Engineer regarding Item 49 (b) as it
pertains to the State College intersection. They think that
instead of the northeast/northwest corner, it might be
southeast/southwest corners. There are differences of
opinion regarding the Development Agreement. He prepared a
letter to the Commission outlining those differences. It
deals with some business points. (1) The reservation of the
area for the freeway off ramp -- they do not believe it is
appropriate for them to contract their rights away in terms
of receiving just compensation for that area at the time
Cal-Trans intends to acquire it. (2) There should be an
adequate provision, in the event they fail to perform, that
the City receive a certain liquidated damage. They agree
with that concept, but it should be limited. Under that
circumstance, both parties walk away from the project. The
City receives the liquidated damages agreed upon and there
is no more liability on the part of either party. They
would like to see a provision amended to be consistent with
the C.U.P. pertaining to the traffic studies to be done as
future phases of the project occurs. They feel Condition
52, to perform a traffic analysis before they initiate Phase
2 of the project, is proper and that's how it should be
done. The Agreement talks about having a traffic analysis
as each building in the project moves forward. The need for
a traffic assessment would occur when the second phase of
development would take place, which involves the latter two
18-story buildings.
Commissioner Hart made reference to the Development
Agreement and understood Mr. Winkler to not be in agreement
with it.
Mr. Winkler felt the Conditional Use Permit and Development
Agreement were independent items and should stand by
themselves.
Commissioner Hart thought they would also be in disagreement
with the Environmental Impact Report as it addresses the
freeway off ramp possibility. If the issue is not
addressed, the Environmental Impact Report would be in
jeopardy. All of these things must tie together to make it
work.
Planning Commission Minutes
March 6, 1989 - Page 5
Mr. Winkler said their position would be that the
Environmental Impact Report and the site design addresses
the issue of the possible freeway off ramp. They have
accommodated the City's concerns that an area be preserved
for that off ramp. The issue of acquiring it, the issue of
compensation is a matter between I.D.M. and Cal-Trans. The
design does not interfere with the location of that off
ramp. The Environmental Impact Report locates it and
addresses the issue. Their concern is whether or not they
are going to have a permanent reservation as a condition of
a contract for the off ramp. They feel it can adversely
influence the acquisition appraisal that might take place at
the time Cal-Trans comes to value the property.
Commissioner Hart saw his point: If they do not have a
parcel that is developable, it cannot be sold as such.
Those speaking in opposition:
David Lurker, Attorney with the firm of Voss & Cook, 840
Newport Center Drive, Newport Beach, represented an adjacent
property owner at Tweed and Wells. The property owner is
immediately to the north of the parking structure. Their
concerns are the design of the parking structure. The
C.U.P. and environmental processing provides for no setback
on that property line and provides for what could be a six
story, sixty foot high parking structure with a solid cement
face, six feet high, stretching the length of the northerly
property line. The concern is with the use of the adjacent
property currently to have that kind of a wall and secondly,
with future development opportunity and the impact it would
have on it. Some of the problems will be shadowing and
aesthetics on the adjacent property.
Chairman Bosch wanted Mr. Lurker to know that portion of the
project is within the City of Anaheim, although all aspects
of the project inter-relate in terms of their impacts on the
proposal for development.
Doug Molugin, 1220 East Adams, owns property across the
street from the previous speaker. He is opposed to the
parking structure. A concrete wall is a pity and he asked
if something better could be done.
Counsel
Mark Huebsch, Stradling, Yocca, Carlson and Rauth, 616
Newport Center Drive, Newport Beach, commented briefly on
some of the comments that were made on part of the
applicant. The comments track the February 28 letter that
was submitted by the applicant in relation to Section 6.2 as
proposed to the Development Agreement and the reservation
Planning Commission Minutes
March 6, 1989 - Page 6
and dedication of land. It relates to the question of the
level of consideration that is appropriate for a city to get
in exchange for a Development Agreement -- a matter of
policy and not a legal matter. There have been a number of
discussions regarding Section 6.2 with representatives of
I.D.M., and that I.D.M. has stated one position and Public
Works has stated another position. Although both positions
may be understandable in terms of the goals and objectives
of the respective parties, there does not seem to be an
agreement at a manager level on this issue. Regarding the
language changes that are proposed, the languages he heard
from I.D.M. is that in the eyes of the proponent (I.D.M.)
they envision that a certain level of compensation, or the
ability to recover damages, on the part of the City is
appropriate if there is a default on the part of I.D.M.
under the Development Agreement. The other view is that
there may be other items with respect to which some other
relief should be afforded. For example, in terms of the
reservation provision, it has been the City's position that
the City should have the ability to seek specific
performance of the reservation. I.D.M. disagrees with that
because they don't think the City should receive a
reservation, or that they should be required to make that
reservation in the first place. As far as the scope of
conditions that would be susceptible to enforcement under
the liquidated damages clause, there are certain disparities
between the two staffs relating to day care, well site, art
work, parking rights study and a focused traffic study. In
regard to the timing of the focused traffic study, they have
had numerous discussions on that. The distinction is that
the staff language would require or provide for a focused
traffic study should some portion of the so-called Phase 1
be initiated by I.D.M., whereas I.D.M. wants to complete
Phase 1 before they do the focused traffic study. The
question that is the potential difficulty is that the
flexibility is retained where I.D.M. could initiate a
building that is part of Phase 2 even though they have not
completed Phase 1. If that turned out to be an appropriate
way to proceed with the development, given market
conditions, it was staff's view that it should be
facilitated. Staff wanted to assure that the focused
traffic study is available at a meaningful time and that the
City of Orange would have a contractual right to assure that
it will be done.
Commissioner Master asked Mr. Huebsch to comment on the
inter-relationship between the E.I.R., the Agreement and the
C.U.P. as they affect each other.
Mr. Huebsch said a Conditional Use Permit is one process and
it is within the province of the City to grant. It reviews
and can impose appropriate conditions on a development that
Planning Commission Minutes
March 6, 1989 - Page 7
deal with the impacts raised by the project. In enables an
applicant to proceed now to develop in accordance with the
terms of the approval. However, the limitation of a
Conditional Use Permit is that if there is a change in
zoning, etc., if there is not a commencement of the project
(issuance of building permits), generally speaking there
would not be a vested right. So there would be no vested
right of the applicant to continue with the development of
the project even though at one time he obtained a
Conditional Use Permit. The basic purpose of the
Development Agreement is subject to satisfying certain
conditions affording an applicant a vested right. He would
lose the vested right if he doesn't perform in accordance
with the Agreement. It doesn't totally deprive the City of
discretion in that you apply the existing rules. They are
still subject to the existing rules. But, you can't change
the rules once the Agreement was approved and become
enforceable. Under C.E.Q.A., the environmental report is an
informational document for the decision maker. That is
designed to help you make the kinds of decisions for a
C.U.P., Zone Change, or Development Agreement. In this
particular situation, there are certain items dealing with
traffic where there are conditions under the Conditional Use
Permit and where also they may additionally be addressed in
the Development Agreement. There is a certain overlap in
the scope of conditions. There can be an overlap in
remedies. If a party has a Development Agreement and
approval of a C.U.P. and it does not implement a condition
correctly, the City would have the legal right to enforce
the condition of the Conditional Use Permit.
Rebuttal
Tim Cameron, 110 Pine Avenue, Long Beach, Attorney for
I.D.M., addressed a few of the points raised in Mr.
Winkler's letter of February 28, and also to respond to Mr.
Huebsch. Concerning the reservation of the land, they have
a development proposal to develop 18 acres of land. The
reservation is not part of their application for
development. It has nothing to do with their application.
The Environmental Impact Report addressed that piece of
property and basically said before they could build Phase 2,
they would have to do something with the traffic flow and
Cal-Trans widening of I-5. They do not have a condition
concerning that reservation in their Conditional Use Permit.
It came up in the Development Agreement where the City staff
asked them to agree that they would not use that land
throughout the term of the Agreement. That basically said
that land had zero value for 10 years. If Cal-Trans came
tomorrow and condemned it, they have talked to appraisers
and they have told them there is a very good likelihood that
Planning Commission Minutes
March 6, 1989 - Page 8
they would receive very little value for that six acres of
land. That is not money. When that property is acquired,
it's not revenues from the City of Orange that would be
used. It would be Cal-Trans revenues. When they evaluated
this through the appraisal process, that loss (because of
that reservation) could cost the California Drive-In Theater
Corporation and I.D.M. approximately four million dollars.
You add that as consideration to the Agreement, in addition
to the million forty thousand dollars in area wide public
improvements, the two hundred fifty thousand dollars of art
work and a hundred thousand dollars for day care, you will
start to see there is an awful lot of money to be added to
the pro forma for a Development Agreement invested right.
None of those would be part of a C.U.P. application. If
they just had a C.U.P. application for five buildings, none
of those items would apply. The concern is that it makes
the total project infeasible when that much cost is added to
it. There is still a difference of opinion on this issue.
He addressed the damage provision. As far as the actual
concept of damages or specific performance, he doesn't think
they are in disagreement. The problem is they ran out of
time on the language. They agree there are certain things
in the developmental approvals (tract maps, building
permits, etc.) that the City always under its existing rules
would have the right to enforce those approvals. Their
difference of opinion is that they feel the language in the
Agreement, as it now stands, is ambiguous. I.D.M.
Corporation cannot be exposed to whatever the damages might
be if because the economic realities of the world, they
can't build all of those buildings. The proposed language
accomplishes just that. As far as the specific items that
would be included in liquidated damages, the way the
negotiations evolved, was that the City of Orange wanted
certain area wide improvements accomplished. By the fact
there were certain entitlements on the property, they would
not give entitlements to some other piece of property that
would have contributed to these area wide public
improvements. Therefore, if I.D.M. did not go forward with
the development, the City would lose the ability to collect
funds to do the area wide improvements. They agree to that
as liquidated damages. The problems begin with a park and
ride study on their property, paying two hundred fifty
thousand dollars for art work on the property, and putting a
day care center on the property. If the property is not
developed, why should those items be liquidated damages to
the City to put on someone else's property? Concerning the
focused traffic study, they felt they had an agreement with
the City staff that the focused traffic study would be
completed prior to any construction in Phase 2. He thought
that agreement was in place right after the last public
hearing. They agreed to and accepted the language in the
C.U.P. (Condition 52). If they have a traffic study that
Planning Commission Minutes
March 6, 1989 - Page 9
occurs at any time in the process (the first building), and
the City said they had additional mitigation measures and
our part of that is five million dollars. The certainty in
the development process has gone out. The economic burdens
have become catastrophic and they have millions of dollars
invested in the process at that point. That is why they
objected to it. That's why the negotiations and C.U.P. fix
that traffic study at the beginning of Phase 2. They would
agree to do a focused traffic study before they built the
first building that would be part of Phase 2.
Commissioner Hart feels there is still a major disagreement
about the freeway offramp. He wondered why they want the
Development Agreement? Why not just go ahead with the
Conditional Use Permit without it?
Mr. Cameron said if the City changed its General Plan...
Commissioner Hart stated I.D.M. wanted the assurance the
City would not change it. Mr. Cameron responded in the
affirmative; it would be a vested right.
Chairman Bosch asked if it would not be unreasonable to have
the applicant determine where, during the course of
development, the various requests are fulfilled. For
instance a child care center. The purpose is to lower
traffic impacts and improve potential employment and
economic growth. A proposal has not been submitted
indicating that. He also had concern with regard to the
reservation of land. What proposal does the applicant have
with regard to the potential use of that land? Is there an
agreement with Cal-Trans?
Mr. Cameron stated as far as the reservation, it becomes an
economic issue. They don't have any entitlements on the
property. The traffic studies that were done allow Phase 1
to be completed without having to do the freeway off ramp.
If the freeway off ramp is not completed, but the conditions
are in the C.U.P., they would have to somehow demonstrate
sufficient traffic flow and access to that property in order
to be able to build Phase 2. They would be cutting their
own throats by trying to develop that piece of property
because they would lose Phase 2 of the development.
Chairman Bosch understands that it is a catch 22.
Mr. Winkler mentioned one other thing. He understands the
Development Agreement affords not only protection to them in
terms of giving them a vested right, but in the event of
third party challenges, it gives them a defense mechanism.
That defense mechanism serves the City as well. It helps
protect the project and the economic investment to the
community. There are other factors the City should be
concerned with as well.
Planning Commission Minutes
March 6, 1989 - Page 10
Commissioner Scott wished to ask David Quan about the
reservation of the property for the expansion of Cal-Trans.
Mr. Quan said from staff's point of view, the reservation of
right-of-way for Cal-Trans I-5 widening off ramp is
extremely crucial. Not so much for I.D.M. alone, but for
the area wide -- both the City of Anaheim and City of Orange
together. Whether I.D.M. goes through or not, the ramp is
needed. The E.I.R.'s review was based on the completion of
the I-5 widening according to today's design. If for some
reason that ramp is not constructed or completed, the E.I.R.
is questionable (especially for Phase 2). If development of
Phase 2 went ahead, then both I.D.M. and the City of Orange
could be liable for being in violation and conflict with the
E.I.R. findings.
Chairman Bosch had a question regarding the focused traffic
study. The staff report indicates it would be desirable for
that to occur upon the completion of Phase 1 to monitor and
indicate what the impact has been of the mitigation measures
towards alleviating the traffic from the development. It
has been indicated that there is a potential that a building
of Phase 2 might occur in fairly rapid order after the first
building in Phase 1, which would mean that the focused
traffic study in that instance would occur prior to the
start of construction of the first Phase 2 building. If
this occurred early in the process, what's the window of
opportunity in terms of years or total growth, square
footage, traffic impacts from the project that the focused
traffic study is really intended to hit? Regardless of the
Phase, it should have the same degree of review.
Mr. Quan responded the most important thing would be the
number of square feet. To a certain extent, the location of
the buildings. Traffic generations would basically be the
same no matter where you locate the buildings.
The public hearing was closed.
Commissioner Scott said at their previous meeting they had
asked for everything to be resolved and for materials to be
submitted to them at least one week in advance so they could
review it. He was disappointed the items have not been
resolved. It seems like it is being brought to them to be
resolved legally.
Commissioner Master thought there would be resolution prior
to this meeting, but it has not been accomplished. He
proposed a course of action might be to act upon both the
E.I.R. and C.U.P. In the interim of their action and
Council action, that there would be further resolution.
Planning Commission Minutes
March 6, 1989 - Page 11
Chairman Bosch thought if they acted on one without the
other, it may have some negative impact on the reasonability
or the nexus of those conditions in the C.U.P. as they refer
to state law regarding the Development Agreement. He was
concerned about separating them.
Commissioner Hart could not separate the Conditional Use
Permit from the Development Agreement. He thought it unwise
to advance the Conditional Use Permit without some kind of
agreement under the Development Agreement. It appears that
we're at a stand off to work out some way I.D.M. could be
protected on some kind of condemnation of that off ramp
property. He could not act favorably on the Conditional Use
Permit without the Development Agreement being resolved.
Chairman Bosch stated Commissioner piaster was indicating to
move ahead with the staff report as written. The concern
there are some real issues raised. It could be done and
that way the potential negative impacts or mitigation that
may occur in Anaheim with regard to the parking structure on
the property line and how that might affect the remainder of
the project on the City of Orange's site, and the linkage of
remedies to damages between the C.U.P. and the Development
Agreement gives him concern. He prefers to see some
resolution before pushing it forward to the City Council.
Mr. Winkler was prepared to go before the Council per
Commissioner Master's suggestion.
Commissioner Master clarified his suggestion: Have the
action proceed with the applicant aware there are
difficulties. Differences of opinion could be stated on the
Agreement. Planning Commission's position would be to
recommend approval per staff's recommendation as stated in
the blue staff report. There would be no more negotiations
at the Planning Commission level.
Chairman Bosch went back to the root of the whole thing --
the land use. The Development Agreement goes with that. Is
the City prepared to face the fact that approval may lead to
an unacceptable traffic condition? The overall project
proposed is a very viable one for the City. It would be
nice to see some fine tuning with regard to potential
impacts on neighbors.
Commissioner Master asked about a condition of approval
addressing the ingress/egress of adjacent property?
Mr. Godlewski explained the two conditions (#39, page 17 and
#52, page 21) .
Planning Commission Meeting
March 6, 1989 - Page 12
Commissioner Hart commented Chairman Bosch's concern
regarded the east/west road without an outlet might place
the City in some kind of liability potential.
Mr. Winkler elaborated on Condition 39. That was included
because they recognize the City is currently preparing an
amendment to its Circulation Element which will further
address part of the issue. In terms of the location of a
road that may extend through an adjacent property, it is not
a predetermined fact that it would, for example, go through
the mobile home park. In the event that the property is
acquired by Cal-Trans for the off ramp, there are certain
other parcels that will be part of that acquisition that are
not part of the ownership they represent. Those parcels may
become land locked because of the freeway off ramp. It
would afford an opportunity for an exit road. That is
something for future study and would be evaluated Phase 2
would be implemented.
Commissioner Hart said that roadway was not cast in concrete
at this time.
Chairman Bosch said it was tied to the implementation of
Phase 2, although there may be some re-assessment of exactly
how it comes out on the adjacent property. He does not find
any difficulties with the staff report. If I.D.M. prefers
to move forward to the Council and try to review the
economic difficulties, the only issue remaining is the
Condition 49 (b) with regard to the Orangewood/State College
intersection enhancement. Staff has provided a memo
substituting the wording to correct the corners of the
intersection that would be impacted. Also, they changed
some wording regarding the right-of-way. He understands the
City of Anaheim has permitted a building at the southeast
corner which would impact the normal enhanced intersection
design.
Commissioner Master wanted input from the City of Anaheim
regarding the property line and setback issue.
Mary McCloskey, City of Anaheim, Planning Division Manager,
stated the setback issue will be addressed at Anaheim's
Planning Commission Meeting of March 13, 1989 in the
afternoon. The plan does show the parking structure setting
at the property line on the north. She was sure the
gentleman will probably address that issue to their Planning
Commission at that time. They have not had any
correspondence from any neighboring property owners to date
other than what she heard at this meeting.
Planning Commission Meeting
March 6, 1989 - Page 13
Moved by Commissioner Master, seconded by Commissioner Hart,
that the Planning Commission recommend to the City Council
that certification of E.I.R. 1262-88 has been completed in
compliance with CEQA. It is recommended that the City
Council accept the Environmental Impact Report and Response
to Comments.
AYES: Commissioners Bosch, Hart, Master, Scott
NOES: None
ABSENT: Commissioner Greek MOTION CARRIED
Moved by Commissioner Master, seconded by Commissioner Hart,
that the Planning Commission recommend to the City Council
to adopt the Statement of Facts & Findings and Overriding
Considerations.
AYES: Commissioners Bosch, Hart, Master, Scott
NOES: None
ABSENT: Commissioner Greek MOTION CARRIED
Moved by Commissioner Master, seconded by Commissioner Hart,
that the Planning Commission recommend to the City Council
to approve Conditional Use Permit 1721-88 (identified in the
blue staff report dated February, 1989) and amended to
include the language noted in the March 3, 1989 memorandum
from staff.
AYES: Commissioners Bosch, Hart, Master, Scott
NOES: None
ABSENT: Commissioner Greek MOTION CARRIED
Moved by Commissioner Master, seconded by Commissioner Hart,
that the Planning Commission recommend to the City Council
to adopt Development Agreement 3-88, dated Z/23/89, as
recommended by staff.
AYES: Commissioners Bosch,
NOES: None
ABSENT: Commissioner Greek
Hart, Master, Scott
MOTION CARRIED
Moved by Commissioner Master, seconded by Commissioner
Scott, that the Planning Commission refers final action on
the Memorandum of Understanding concerning Revenue
Allocations to the City Council.
AYES: Commissioners Bosch,
NOES: None
ABSENT: Commissioner Greek
Hart, Master, Scott
MOTION CARRIED
IN RE: OTHER ITEMS
1. Commissioner Scott and Chairman Bosch attended the
Downtown presentation on earthquakes. It was very
educational.
Planning Commission Minutes
March 6, 1989 - Page 14
IN RE: ADJOURNMENT
Moved by Commissioner Hart, seconded by Commissioner Bosch,
that the Planning Commission adjourn to a 5:00 p.m. meeting
on March 7, 1989. It will be a joint meeting with City
Council in the Weimer Room to discuss transportation issues.
Then, adjourn to March 13, 1989 at 7:00 p.m. for a General
Plan hearing.
AYES: Commissioners Bosch, Hart, Master, Scott
NOES: None
ABSENT: Commissioner Greek MOTION CARRIED
The meeting adjourned at 8:35 p.m.
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