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MINUTES <br />PLANNING COMMISSION <br />May 9, 1984 <br />Page 6 <br />Resolution No. 2469 was entered and adopted recommending approval of case PUD-84-3 <br />as motioned. <br />PUD-82-18-4D, Ashwill Hawkins <br />Application of Ashwill Hawkins and Partners, Inc. for design review approval of four <br />office/industrial buildings totalling approximately 36,900 sq. ft. and related facilities <br />on an approximately 02.4 acre site at 2174 and 2182 Rheem Drive. Zoning for the property <br />is PUD (Planned Unit Development)-Industrial District. A negative declaration of <br />environmental impacts will also be considered. <br />Mr. Glenn presented the staff report recommending approval. <br />The public hearing was opened. <br />John Hawkins, 1805 E. Garry St., Santa Ana, stated they concur with the conditions <br />imposed on both cases PUD-82-18-4D and 5D. He stated the location map attached <br />to the staff report for 4D was in error. They did not, however, agree with Condition <br />No. 6 as proposed. They intend to honor the City easement but did not feel the staff's <br />condition was reasonable. Vice Chairman Wilson thought the applicant would prefer <br />that the sanitary main be centered. Mr. Warnick explained the intent of the condition, <br />i.e., the City does not want to be responsible for removing private property from on <br />top of a sewer line if a repair has to be made, neither do they wish to incur the cost <br />of removing anything put on top of the line other than just asphalt. The City has to <br />be protected from a liability standpoint. He felt that this is rather standard and is <br />not asking anything out of the ordinary of the devleoper. Mr. Hawkins felt it was contrary <br />and didn't believe staff is consistent in their requests. Mr. Warnick felt that the <br />only way anything other than asphalting on top of the sewer line could be done was <br />if the developer entered into a hold harmless agreement and would pay the City the <br />cost involved in removing curbs, landscaping, etc. Vice Chairman Wilson then asked <br />if the developer could work with the City Engineer on this matter. Mr. Hawkins felt <br />that the landscaping would be cheaper than base and asphalt to remove if it were necessary. <br />Vice Chairman Wilson indicated he supports staff in their position and strongly suggested <br />that the developer work with the staff concerning this easement. Mr. Warnick indicated <br />that the developer could provide a new easement and pay for the redesign and work <br />of a new sewer line. Commissioner Lindsey supported Vice Chairman Wilson's comments <br />in that the developer should work this matter out with staff, or sign a hold harmless <br />agreement. <br />Commissioner Getty asked if buildings two and three were shifted south if this would <br />be helpful. Mr. Warnick indicated that it is the City's desire to keep the easement <br />clear except for some paving. Commissioner Getty felt that with condition number <br />six theoretically the City is asking that the buildings be moved two feet to make the <br />driveway on center with the easement. Mr. Warnick explained that the driveway is <br />now located to the north of the easement. The City has easements and rights and <br />they should be protected. Commissioner Getty suggested that the developer go along <br />with a hold harmless clause if they wish to protect the aesthetics of the building. Vice <br />Chairman Wilson didn't understand why the developer wouldn't work this out with <br />the staff. Mr. Hawkins felt that it was his experience that when you work something <br />out with staff the results is that you do what staff wants. <br />The public hearing was closed. <br />A motion was made by Commissioner Getty, seconded by Commissioner Lindsey that <br />the negative declaration for case PUD-82-18-4D be approved inasmuch as project approval <br />would have no significant negative impact on the environment. <br /> <br />