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MN011005 CITY OF ANAHEIM Planning Commission Mini Action Agenda Monday, January 10, 2005 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRMAN: GAIL EASTMAN Commissioners Present : KELLY BUFFA, CECILIA FLORES, DAVID ROMERO, PAT VELASQUEZ, (ONE VACANCY) Commissioners Absent : JERRY O’CONNELL Staff Present : Mark Gordon, Deputy City Attorney Della Herrick, Associate Planner Greg Hastings, Planning Services Manager John Ramirez, Associate Planner Greg McCafferty, Principal Planner Amy Vazquez, Associate Planner Alfred Yalda, Principal Transportation Planner Scott Koehm, Planner James Ling, Associate Civil Engineer Elaine Yambao, Planner Linda Eaves, Senior Code Enforcement Officer Elly Morris, Senior Secretary Jonathan Borrego, Principal Planner Pat Chandler, Senior Secretary Cheryl Flores, Senior Planner Danielle Masciel, Word Processor Operator Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 10:00 a.m. on Tuesday, January 4, 2005, inside the display case located in the foyer of the Council Chambers, and also in the outside display kiosk. Published: Anaheim Bulletin Newspaper on Thursday, December 16, 2004 Call To Order Preliminary Plan Review 12:30 P.M. • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE JANUARY 10, 2005 AGENDA Recess To Afternoon Public Hearing Session Reconvene To Public Hearing 2:00 P.M. For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. Pledge Of Allegiance: Commissioner Romero Public Comments Consent Calendar Public Hearing Items Adjournment You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net H:\DOCS\CLERICAL\RESOLUTION\MN011005.DOC JANUARY 10, 2005 PLANNING COMMISSION MINI ACTION AGENDA Anaheim Planning Commission Agenda - 2:00 P.M. Public Comments: None This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Commissioner Velasquez offered a motion, seconded by Commissioner Buffa and MOTION CARRIED (Commissioner O’Connell absent and with one Commission vacancy) for approval of Consent Calendar items (1-A through 1-G) as recommended by staff. UNANIMOUSLY APPROVED. Reports and Recommendations Conditional Use Permit No. 2181 (a) Terminated A. (Tracking No. CUP2004-04937) (Vote: 5-0, Commissioner Agent: M. Amad, Brookhurst Group, LLC, 1026 South Wall O’Connell absent and nd Street, 2 Floor, Los Angeles, CA 90015 with one Commission vacancy) Location: 802-808 South Brookhurst Street. Requests termination of Conditional Use Permit No. 2181 (to permit a sandwich shop with on-sale beer and wine in the C-G zone). Conditional Use Permit Resolution No. PC2005-1 sr8833jn.doc 01-10-05 Page 2 JANUARY 10, 2005 PLANNING COMMISSION MINI ACTION AGENDA Conditional Use Permit No. 3445Terminated (a) B. (Tracking No. CUP2004-04948) (Vote: 5-0, Commissioner Agent: Victor Cirrincione, KF Properties, INC, 11340 Olympic O’Connell absent and Boulevard, Suite 204, Los Angeles, CA 90064 with one Commission vacancy) Location: 1661 North Raymond Avenue. (Calvary Chapel Grace, Inc.) Requests termination of Conditional Use Permit No. 3445 (to permit a snack shop in an existing office building). Conditional Use Permit Resolution No. PC2005-2 sr8834jn.doc 01-10-05 Page 3 JANUARY 10, 2005 PLANNING COMMISSION MINI ACTION AGENDA Variance No. 2862Terminated (a) C. (Tracking No. VAR2004-04636) (Vote: 5-0, Commissioner Agent: Jerrold F. Rabin, Ismos Investment Company, 3845 East O’Connell absent and Coronado Street, Anaheim, CA 92807 with one Commission vacancy) Location: 3845 East Coronado Street. Requests termination of Variance No. 2862 (waiver of requirement that all uses be conducted in a building to establish outdoor manufacturing). Conditional Use Permit Resolution No. PC2005-3 sr8832jn.doc 01-10-05 Page 4 JANUARY 10, 2005 PLANNING COMMISSION MINI ACTION AGENDA D.General Plan Conformity No. 2004-00039 – Request To Determine Determined not to be in (a) Conformance With The Anaheim General Plan To Renew an conformance with the Existing Lease Anaheim General Plan Agent: County of Orange Resources and Development (Vote: 5-0, Commissioner Department, 300 North Flower Street, Santa Ana, CA O’Connell absent and 92834-2300 with one Commission vacancy) Location: 3151 East Miraloma Avenue. (Miller Retarding Basin) Requests determination of conformance with the Anaheim General Plan to renew a lease between FedEx Freight West and County of Orange Resources and Development Management Department. ACTION: Commissioner Velasquez offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner O’Connell absent and with one Commission vacancy), that the Anaheim Planning Commission does hereby determine that The County of Orange Resources and Development Management Department’s proposal to renew a lease with FedEx Freight West, Inc. for the purposes of parking, storage and light maintenance is not in conformance with the Anaheim General Plan. General Plan Conformity items have a statutory guideline limitation of 40-days from the date the application is submitted, therefore it is given accelerated processing and provided to the City Council at an early time. (The 40-day time limitation as required by Section 65402(b) of the Government Code requires the City to act on this item by January 18, 2005 as the application was submitted on December 9, 2004 for the sr8840mn.doc subject request.) 01-10-05 Page 5 JANUARY 10, 2005 PLANNING COMMISSION MINI ACTION AGENDA E.General Plan Conformity No. 2004-00040 – Request To Determine Determined not to be in (a) Conformance With The Anaheim General Plan To Amend an conformance with the Existing Lease Anaheim General Plan Agent: County of Orange, P.O. Box 10260, Santa Ana, CA 92711 (Vote: 5-0, Commissioner O’Connell absent and Location: 1535 East Orangewood Avenue. with one Commission vacancy) Requests determination of conformance with the Anaheim General Plan to amend an existing lease of a parking lot. ACTION: Commissioner Velasquez offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner O’Connell absent and with one Commission vacancy), that the Anaheim Planning Commission does hereby determine that The County of Orange Probation Department’s proposal to amend a lease relative to parking spaces for its Administrative Headquarters and North County Field Service Office is not in conformance with the Anaheim General Plan. General Plan Conformity items have a statutory guideline limitation of 40-days from the date the application is submitted, therefore it is given accelerated processing and provided to the City Council at an early time. (The 40-day time limitation as required by Section 65402(b) of the Government Code requires the City to act on this item by January 17, sr8844mn.doc 2005 as the application was submitted on December 8, 2004 for the subject request.) 01-10-05 Page 6 JANUARY 10, 2005 PLANNING COMMISSION MINI ACTION AGENDA 1F. Receiving and approving the Minutes from the Planning Commission Approved Meeting of December 13, 2004 (Motion) ACTION: Commissioner Velasquez offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner O’Connell absent and with one Commission vacancy) that the Anaheim Planning Commission does hereby receive and approve the minutes for the Planning Commission meeting of December 13, 2004. 1G. Receiving and approving supplemental detailed Minutes for Item No. Approved 3 from the Planning Commission Meeting of November 15, 2004, scheduled to be heard as a public hearing item before City Council January 11, 2005. ITEM NO. 3 Specific Plan Amendment No. 6 To The Anaheim Resort Specific Plan No. 92-2 ACTION: Commissioner Velasquez offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner O’Connell absent and with one Commission vacancy) that the Anaheim Planning Commission does hereby receive and approve the supplemental detailed minutes for the Planning Commission meeting of November 15, 2004. 01-10-05 Page 7 JANUARY 10, 2005 PLANNING COMMISSION MINI ACTION AGENDA Public Hearing Items: 2a.CEQA Negative Declaration Approved Granted for 5 years 2b.Conditional Use Permit No. 2004-04910 (to expire on January 10, 2010) Owner: Anaheim Union School District, P.O. Box 3520, Anaheim, CA 92803 Agent: Kenny Zwick, Delta Group, 2362 McGaw Avenue, Irvine, CA 92614-5832 Location: 1800 West Ball Road. Property is approximately 17.2 acres, located at the southeast corner of Ball Road and Nutwood Street (Trident Adult Center). Request to permit a telecommunications antenna (disguised as a pine tree) with accessory ground-mounted equipment. Continued from the October 18, November 1 and December 13, 2004, Planning Commission Meetings. Conditional Use Permit Resolution No. PC2005-4 sr8837dh.doc FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Approved CEQA Negative Declaration Granted Conditional Use Permit No. 2004-04910 (to permit a telecommunications antenna disguised as a parking lot light with accessory ground-mounted equipment), for a period of five (5) years (to expire on January 10, 2010); and adoption of the resolution attached to the staff report dated January 10, 2005, including the findings and conditions contained therein. VOTE: 5-0 (Commissioner O’Connell absent and with one Commission vacancy) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, February 1, 2005. DISCUSSION TIME :6 minutes (2:05-2:11) 01-10-05 Page 8 JANUARY 10, 2005 PLANNING COMMISSION MINI ACTION AGENDA 3a.CEQA Negative Declaration Approved Granted 3b.Variance No. 2004-04631 Owner: Anaheim Magnolia LLC, 6732 Westminster Boulevard, Westminster, CA 92683 Agent: Ehky Gutierrez, 523 North Hanover Street, Anaheim, CA 92801 Location: 1125 North Magnolia Avenue. Property is approximately 1.5 acres, having a frontage of 272 feet on the west side of Magnolia Avenue, located 279 feet north of the centerline of La Palma Avenue. Request waiver of minimum number of parking spaces to permit a computer vocational school. Continued from the November 15 and December 13, 2004, Planning Commission Meetings. sr8821gk.doc Variance Resolution No. PC2005-5 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Approved CEQA Negative Declaration Granted Variance No. 2004-04631 (to permit a computer vocational school); and adoption of the resolution attached to the staff report dated January 10, 2005, including the findings and conditions contained therein. VOTE: 5-0 (Commissioner O’Connell absent and with one Commission vacancy) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, February 1, 2005. DISCUSSION TIME :4 minutes (2:12-2:16) 01-10-05 Page 9 JANUARY 10, 2005 PLANNING COMMISSION MINI ACTION AGENDA 4a.CEQA Negative Declaration (Readvertised) Approved Granted 4b.Reclassification No. 2004-00136 Approved 4c.Waiver Of Code Requirement Granted 4d.Conditional Use Permit No. 2004-04933 Approved 4e.Tentative Tract Map No. 16809 Owner: Lane A. Anderson, 6345 Balboa Boulevard, #112, Encino, CA 91316 Agent: John O’Brien, Brookfield Homes, 3090 Brisol Street, Suite 200, Costa Mesa, CA 92626 Location: 221 North Beach Boulevard. Parcel A: Property is approximately 0.56-acre, having a frontage of 150 feet on the west side of Beach Boulevard, located 665 feet north of the centerline of Lincoln Avenue. 311 North Beach Boulevard. Parcel B: Property is approximately 7.95 acres, having a frontage of 505 feet on the west side of Beach Boulevard, located 815 feet north of the centerline of Lincoln Avenue. Reclassification No. 2004-00136 – Request reclassification of the property from the C-G (General Commercial) zone to the RM-3 (Residential, Multiple-Family) or less intense zone. Conditional Use Permit No. 2004-04933 – Request to permit a 102-unit, attached residential planned unit development in the RM-3 Zone with waiver of required dedication of right-of-way. Tentative Tract Map No. 16809 – Request to establish a 6-lot, 102-unit, airspace condominium subdivision. Continued from the December 13, 2004, Planning Commission Meeting. Reclassification Resolution No. PC2005-6 Conditional Use Permit Resolution No. PC2005-7 sr5117jb.doc FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: One person spoke with concerns. Prior to the meeting, a memo was received in opposition to the subject request. ACTION: Approved CEQA Negative Declaration Granted Reclassification No. 2004-00136 (to reclassify the parcels from the C-G (General Commercial) zone to the RM-3 (Residential, Multiple-Family) or a less intense zone. Approved Waiver of Code Requirement pertaining to dedication of required right-of- way. Granted Conditional Use Permit No. 2004-04933 (to permit a 102-unit, attached residential planned unit development); and adoption of the resolution attached to the staff 01-10-05 Page 10 JANUARY 10, 2005 PLANNING COMMISSION MINI ACTION AGENDA report dated January 10, 2005, including the findings and conditions contained therein, with the following modifications: Modified Condition Nos. 6 and 28 to read as follows: if That,as required by Caltrans, a southbound deceleration on Beach Boulevard shall be provided. Said lane shall be illustrated on plans submitted for building permits. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. Barrel collection areas shall be provided in an area designated for barrel provided only along straight portions of the interior collection only and shall be street system. This information shall be specifically shown on plans submitted for building permits. Commissioner Velasquez offered a motion, seconded by Chairman Eastman and MOTION CARRIED (Commissioner O’Connell absent and with one Commission vacancy), that the Anaheim Planning Commission does hereby approve Tentative Tract Map No. 16809(to establish a 6-lot, 102-unit, airspace condominium subdivision); and adoption of the findings and conditions attached to the staff report dated January 10, 2005, with the following modification: Modified Condition No. 7 to read as follows: That the property owner shall irrevocably offer to dedicate to the City of Anaheim, on the 5-feet final map, an easement 3-feetin width from the existing right-of-way line along Beach Boulevard for road and public utility purposes. VOTE: 5-0 (Commissioner O’Connell absent and with one Commission vacancy) Mark Gordon, Deputy City Attorney, presented the 10-day appeal rights ending at 5:00 p.m. on Thursday January 20, 2005 for the Tentative Tract Map; and presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, February 1, 2005 for the balance of the items. DISCUSSION TIME : 24 minutes (2:16-2:40) 01-10-05 Page 11 JANUARY 10, 2005 PLANNING COMMISSION MINI ACTION AGENDA 5a.CEQA Negative Declaration Continued to January 24, 2005 5b.General Plan Amendment No. 2004-00421 5c.Reclassification No. 2004-00137 5d.Variance No. 2004-04633 5e.Tentative Tract Map No. 16794 Owner: California Shinnyo-En, 2220 Summit Drive, Burlingame, CA 94010 Agent: Yadvinder S. Virk, Castle Development, LLC, 9017 Harvard Avenue, Buena Park, CA 90620 Location: 502 South Harbor Boulevard. Property is approximately 1.2 acres, located at the southeast corner of Harbor Boulevard and Santa Ana Street. General Plan Amendment No. 2004-00421 – Request to amend the Land Use Element Map of the Anaheim General Plan redesignating the property from the Low-Medium Density Residential designation to the Low Density Residential designation. Reclassification No. 2004-00137 - Request reclassification of the property from the: O-L (Low Intensity Office) and RS-2 (Residential, Single-Family) zones to the RS-3 (Residential, Single-Family) zone or less intense zone. Variance No. 2004-04633 – Request waivers of: (a) lot depth adjacent to an arterial highway, (b) minimum front yard setback, (c) minimum rear yard setback, and (d) minimum number of parking spaces to construct seven (7) single-family residences.* *Waivers (c) and (d) have been deleted. Tentative Tract Map No. 16794 – Request to establish a 7-lot, 7-unit detached single-family subdivision. Continued from the December 13, 2004, Planning Commission Meeting. Reclassification Resolution No. _________ Variance Resolution No. _________ sr8843av.doc FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner O’Connell absent and with one Commission vacancy), to continue the subject request to the January 24, 2005, Planning Commission meeting in order to make corrections to the tentative tract map. VOTE: 5-0 (Commissioner O’Connell absent and with one Commission vacancy) DISCUSSION TIME: 24 minutes (2:41-3:05) 01-10-05 Page 12 JANUARY 10, 2005 PLANNING COMMISSION MINI ACTION AGENDA 6a.CEQA Negative Declaration Approved Approved 6b.Specimen Tree Removal Permit No. 2004-00007 Owner: Jorge Porta, 19 Wimbledon Court, Dana Point, CA 92629 Location: 345 Penny Lane. Property is approximately 0.46-acre, having a frontage of 100 feet on the south side of Mohler Drive, located 153 feet west of the centerline of Owens Drive. sr8842jn.doc Request to remove one (1) specimen pepper tree. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Approved CEQA Negative Declaration Commissioner Romero offered a motion, seconded by Commissioner Flores and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve Specimen Tree Removal permit No. 2004-00007 (to remove one (1) specimen tree); subject to the conditions of approval and findings attached to the staff report dated January 10, 2005. VOTE: 5-0 (Commissioner O’Connell absent and with one Commission vacancy) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, February 1, 2005. DISCUSSION TIME :4 minutes (3:06-3:10) 01-10-05 Page 13 JANUARY 10, 2005 PLANNING COMMISSION MINI ACTION AGENDA 7a.CEQA Mitigated Negative Declaration (Previously-Approved) Approved Approved 7b.Conditional Use Permit No. 2004-04906 (Tracking No. CUP2004-04939) Owner: CREA/Nexus Anaheim Corners, LLC, 9381 Judicial Drive, #100, San Diego, CA 92121 Location: 1801 East Katella Avenue. Property is approximately 6.3 acres, located at the northwest corner of Katella Avenue and State College Boulevard (Stadium Lofts Anaheim). Request to amend a condition of approval pertaining to the location of above-ground utility equipment for a previously-approved mixed-use project (Stadium Lofts). sr8822cf.doc Conditional Use Permit Resolution No. PC2005-8 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 1 person spoke with concerns regarding location of the electrical equipment. ACTION: Commissioner Flores offered a motion, seconded by Commissioner Buffa and MOTION CARRIED, that the Anaheim Planning Commission does hereby determine that the previously-approved CEQA Mitigated Negative Declaration is adequate to serve as the required environmental documentation for this request. Approved Conditional Use Permit No. 2004-04906 (Tracking No. CUP2004-04939) to amend a condition of approval pertaining to the location of above-ground utility equipment for a previously-approved mixed-use project (Stadium Lofts);and adoption of the resolution attached to the staff report dated January 10, 2005, including the findings and conditions contained therein. VOTE: 5-0 (Commissioner O’Connell absent and with one Commission vacancy) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, February 1, 2005. DISCUSSION TIME :3 minutes (3:11-3:14) 01-10-05 Page 14 JANUARY 10, 2005 PLANNING COMMISSION MINI ACTION AGENDA 8a.CEQA Negative DeclarationWithdrawn 8b.Waiver Of Code Requirement 8c.Conditional Use Permit No. 2004-04861 Owner: 230 West Colchester, CALP, c/o Chris DiRiggiero, P.O. Box 304, Hermosa Beach, CA 90254 Agent: Joseph Curd, Curd, Gallindo and Smith, LLP, 301 East Ocean Boulevard, #460, Long Beach, CA 90802 Location: 2230 West Colchester Drive. Property is approximately 0.87-acre, located at the southeast corner of Colchester Drive and Colony Street. Request to permit and retain two existing churches, a narcotics anonymous meeting hall, and to establish land use conformity with the City’s zoning code requirements for an existing non-conforming commercial retail center with waiver of minimum number of parking spaces. Continued from the June 28, July 26, August 9, September 20, November 1, November 15 and December 13, 2004, Planning Commission Meetings. Conditional Use Permit Resolution No. __________ sr5134jr.doc FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Velasquez offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner O’Connell absent and with one Commission vacancy) that the Anaheim Planning Commission does hereby accept the petitioner’s request for withdrawal of Conditional Use Permit No. 2004-04861. VOTE: 5-0 (Commissioner O’Connell absent and with one Commission vacancy) DISCUSSION TIME :11 minutes (3:15-3:26) 01-10-05 Page 15 JANUARY 10, 2005 PLANNING COMMISSION MINI ACTION AGENDA 9a.Environmental Impact Report No. 330 (Previously-Certified) Approved Recommended Adoption 9b.General Plan Amendment No. 2004-00422 of Exhibit “A” to City Council Location: Citywide Request amendment to the Circulation Element of the General Plan to (a) redesignate a segment of Lincoln Avenue between State College Boulevard and the west City limit from a Major Arterial Highway to a Primary Arterial Highway, (b) redesignate segments of State College Boulevard between the Riverside (SR-91) Freeway and Lincoln Avenue and between Ball Road and Cerritos Avenue from a Major Arterial Highway to a Primary Arterial Highway, (c) redesignate a segment of Katella Avenue from Walnut Street to West Street from a Resort Smart Street to a Major Arterial Highway, and (d) an amendment to the text of the Circulation Element relating to “Future Level of Service.” Request amendment to the text of the Noise Element of the General Plan pertaining to exterior noise standards for residential projects. sr3089ey.doc Conditional Use Permit Resolution No. PC2005-9 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner O’Connell absent and with one Commission vacancy), that the Anaheim Planning Commission does hereby determine that the previously-certified EIR No. 330 is adequate to serve as the required environmental documentation for this request. Recommended City Council approval of General Plan Amendment No. 2004-00422, Exhibit “A” (to amend the Circulation and Noise Element of the Anaheim General Plan). VOTE: 5-0 (Commissioner O’Connell absent and with one Commission vacancy) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, February 1, 2005. DISCUSSION TIME :5 minutes (3:27-3:32) 01-10-05 Page 16 JANUARY 10, 2005 PLANNING COMMISSION MINI ACTION AGENDA 10a. CEQA Negative Declaration (Previously-Approved) Approved Approved reinstatement 10b.Conditional Use Permit No. 4163 with deletion of time (Tracking No. CUP2004-04932) limitation Owner: Southern California Alcohol and Drug Programs Inc., Attn: Lynne Appel, 11500 Paramount Boulevard, Downey, CA 90241 Location: 321 North State College Boulevard. Property is approximately 0.69-acre, having a frontage of 91 feet on the west side of State College Boulevard, located 310 feet south of the centerline of Redwood Avenue. Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved May 7, 2001, to expire May 7, 2004) to retain a substance abuse recovery center for women and their dependent children. Conditional Use Permit Resolution No. PC2005-10 sr8830dh.doc FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Flores offered a motion, seconded by Commissioner Buffa and MOTION CARRIED (Commissioner O’Connell absent and with one Commission vacancy), that the Anaheim Planning Commission does hereby determine that the previously approved Negative Declaration is adequate to serve as the required environmental documentation for this request. Approved the request for reinstatement of Conditional Use Permit No. 4163 (Tracking No. CUP2004-04932) to retain a substance abuse recovery center for women and their dependent children without a time limitation; and adoption of the resolution attached to the staff report dated January 10, 2005, including the findings and conditions contained therein, with the following modifications: Deleted Condition No. 1 Modified Condition No. 5 to read as follows: 5. That this facility shall be limited to a maximum occupancy of forty-four (44) patrons and shall comply with the applicable (including a maximum of 17 adult women) State of California permit requirements. VOTE: 5-0 (Commissioner O’Connell absent and with one Commission vacancy) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, February 1, 2005. DISCUSSION TIME :3 minutes (3:33 to 3:36) 01-10-05 Page 17 JANUARY 10, 2005 PLANNING COMMISSION MINI ACTION AGENDA 11a. CEQA Negative Declaration Approved Granted 11b.Variance No. 2004-04637 Approved 11c.Tentative Tract Map No. 16803 Owner: Phuc Huynh, 9840 Winthrop Circle, Fountain Valley, CA 92708 Location: 331 East Simmons. Property is approximately 0.75-acre, having a frontage of 165 feet on the north side of Simmons Avenue, located 167 feet west of the centerline of Vern Street. Variance No. 2004-04637 – Request waiver of required lot frontage on a public or private street to establish a 5-lot, 4-unit detached single-family residential subdivision. Tentative Tract Map No. 16803 – Request to establish a 5-lot, 4-unit detached single-family residential subdivision. sr8839av.doc Variance Resolution No. PC2005-11 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 2 people spoke with concerns pertaining to height and traffic. ACTION: Approved CEQA Negative Declaration (to waive the required lot frontage on a public or Granted Variance No. 2004-04637 private street to establish a 5-lot, 4-unit subdivision); and adoption of the resolution attached to the staff report dated January 10, 2005, including the findings and conditions contained therein, with the following modifications: Modified Condition Nos. 17, 20 and 21 to read as follows: 17. That a final detailed landscape and irrigation plans for the proposed development shall be submitted to the Planning Services Division for review and approval. Said landscape plans shall show minimum 24-inch box sized trees, shrubs, groundcover and vines to be planted in layers in common areas, and minimum 24-inch box sized trees in the front yard of each property. All trees shall be properly, professionally, And that final and permanently maintained to ensure mature, healthy growth. fencing plans shall be submitted to the Planning Services Division for review and approval. Said plans shall include a 5-foot wide, fully landscaped setback adjacent to Simmons Avenue. 20. That prior to issuance of the first building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 4, 5, 7, and 18 8, 9, 10, 11, 12, 13, 16 17, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 01-10-05 Page 18 JANUARY 10, 2005 PLANNING COMMISSION MINI ACTION AGENDA , 21. That prior to final building and zoning inspections, Condition Nos. 3, and 19 and 20 above-mentioned, shall be complied with. Commissioner Velasquez offered a motion, seconded by Commissioner Buffa and MOTION CARRIED (Commissioner O’Connell absent and with one Commission vacancy), that the Anaheim Planning Commission does hereby approve Tentative Tract Map No. 16803(to establish a 5-lot, 4-unit detached single-family residential subdivision);and adoption of the findings and conditions attached to the staff report dated January 10, 2005, with the following modifications: Modified Condition Nos. 7, 8 and 13 to read as follows: 7. That the on-street parking shall only be permitted in designated parking stalls. The improvement plans shall include installation and maintenance of the no parking signs or and red curbs to identify the parking restriction. 8. That the vehicular access rights to Simmons Avenue and Mountain View Avenue, on Simmons the approveddriveway location street intersections except at Avenue , shall be released and relinquished to the City of Anaheim. 9, 10 13. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 4, 8, and 11, above-mentioned shall be complied with. VOTE: 5-0 (Commissioner O’Connell absent and with one Commission vacancy) Mark Gordon, Deputy City Attorney, presented the 10-day appeal rights ending at 5:00 p.m. on Thursday January 20, 2005 for the Tentative Tract Map; and presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, February 1, 2005 for the balance of the items. DISCUSSION TIME :28 minutes (3:37-4:05) 01-10-05 Page 19 JANUARY 10, 2005 PLANNING COMMISSION MINI ACTION AGENDA 12a. CEQA Negative Declaration (Previously-Approved) Approved Approved 12b.Conditional Use Permit No. 3816 (Tracking No. CUP2004-04942) Owners: Church International of Foursquare, 101 East Orangethorpe Avenue, Anaheim, CA 92801 Bryan Industrial Properties, 145, 149 and 151 East Orangethorpe Avenue, Anaheim, CA 92801 El Vee Inc., 200 West Midway Drive, Anaheim, CA 92801 Agent: Timeless Architecture, 23276 South Poine Drive, Laguna Hills, CA 92653 Location: 101 - 145 East Orangethorpe Avenue. Property is approximately 4.28 acres, having a frontage of 795 on the north side of Orangethorpe Avenue, located 510 feet east of the centerline of Lemon Street (The Rock Church). Request to expand an existing church and to permit a mural. Conditional Use Permit Resolution No. PC2005-12 sr5135jr.doc FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Flores offered a motion, seconded by Commissioner Romero and MOTION CARRIED, that the previously-approved CEQA Negative Declaration is adequate to serve as the required environmental documentation for subject request. ApprovedConditional Use Permit No. 3816 (Tracking No. CUP2004-04942) to expand an existing church and to permit a wall mural;and adoption of the resolution attached to the staff report dated January 10, 2005, including the findings and conditions contained therein. VOTE: 5-0 (Commissioner O’Connell absent and with one Commission vacancy) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, February 1, 2005. DISCUSSION TIME : 6 minutes (4:06-4:12) 01-10-05 Page 20 JANUARY 10, 2005 PLANNING COMMISSION MINI ACTION AGENDA MEETING ADJOURNED AT 4:14P.M. 1:00 P.M. TO MONDAY, JANUARY 24, 2005 AT FOR PRELIMINARY PLAN REVIEW. 01-10-05 Page 21