Loading...
Minutes-PC 2004/03/22 (2). C~ • CITY OF ANAHEIM PLANNING COMMISSION MINUTES MONDAY, MARCH 22, 2004 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRPERSON: JAMES VANDERBILT-LINARES COMMISSIONERS PRESENT: PAUL BOSTWICK, KELLY BUFFA, GAIL EASTMAN, CECILIA FLORES, JERRY O'CONNELL ~r ~ ~ ~~~x.~_ COMMISSIONERS ABSENT DAC~ID ROIVI~RO ~ ~ ~ .~ ~ ~ . ~ ~ ~ ~. ~ ~~_ ~ ::~ ~ ~ ~~ ~~ ~ STAFF PRESENT: ~ , E ~--~ ~ ~ °~° ~ ~, Selma Mann, Assistant~~ity Attor'rj~ey `~ ~~ ~Alfred„.~~Ida'°Princi~ial T~~~s~ortation Planner Greg Hastings, Zonin~~DiVisio`~~Manager s # :~~mes~°L.ing Assoctate~Civii`Engineer Greg McCafferty, P~~~ipal Planner~; °~~ ~~Pat Chandler;~en~ior~Se~etary'~;,~ Michele Irwin, Sr~P0lice,~ervic~s~Representative Danielle fvfiasciel, Wo~d Proc~ssox ~ , ~ ~~' ,a~~, ~ ~ ~ ~° ° ~ ~ ~ v _ ~ ~ ° ~ ' ~ ~ ~ ~ AGENDA PO~TING A,co~mpl~te; copy of the Planning Commission Agenda was ~iosted~,at 1~~~:00 a.m. on Tuesday, Mat~ch 16, 2004;~inside ~hie display case located in the foyer of the~~ounc~,il "Ch~r:~iber~~, and also in the outside d'ispla~`~iosk`.~,=` ~ ; ~ _ ~ ~, ~ ' ~~; r ~' ~ ~ ;; '~ ~~ ~a ~~ PUBLISHE~: Ana~ieirr~,m~ull~fin Newspaper on~Thursday,~-Febr`uary 26 2004~,~ „ ~: ~~" ~? ( ~ j -~~, ~ 5,,+` ~ ,~ . n~ ~ ~ ,w~z~ "~ CALL TO QRD'ER= ~~` ~ ~~,~~v ~ e - ~ ~" ~~g ;?e ~ ! ~ ~ _ ~. ~~~ ~ '~ , ,> , ,~ :~ g~ ~"~ ~ ~~#~ x ~, ~ ;~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ -~- ~ ~, ~ ~ ~ ~ ~PLANNINC.~~COMIV~ISS~OIV IVItORI~~NG SESSIOf~~11 OO~A.M. ~ ~~, ~ ~ ~ ~ :' ~!~ ~a STA'~~~UPDA7E~~T0 COMYVIISSION,~ON~~U,S~RIOU~~ CI~T"Y ~~ ~, ~~ ~ a=~ ~~~~~ ~ " DEV~LOPN~~N~`S I~~ND ~SSUES (~4~;R~QlJrE~TED B~~~~~~ ,~~-`~ } ~' ~~ PI~ANNII~G C6~tvJMt~S~ON) ,;~~ '~~;~~ ~, ;.'~ ~ ,~ ~~' ~ ~~ ~ ~': ~ : k ,. ~~ ~~ •~"°,PF~ELIMI~I~RY PLAf~; REVIEI~/ ~O~R lTEI~IIS ON'I~HE IVIARCH~2~2, 20D4 A~ENDA ~ ~ ~ ~m ~ ~ ~= n.P~ r ,~~ ~ _ ~~ ~ x .~ RECESS TO AFTERNOON PUBLIC HEARING SE°SS10'N ~ ~~*~ ~'?wrt :',,~ ~ , i ,"" i~ ' ,~,' N '~' ,- "'4¢ ~, RECONVENE TO PU~BLIC HEl~1RING 1'~0 ~ M ~ ' ~ ~,~ ~ ~~ ~ ~ 6N ~ ~~~ For record keeping pur~apses~;~-if~you v~ish to-make ~~ ~tafement~egard~n~ a-~y ~t~r-~ on the agenda, please complete a speaker card~`and~sub~mit it ~o~the secretary. ~~~ ~~ °° ,~y ~-~F . r ~ ~ ~ ~ ~. ~ ~ _ ~ ~ ~ ~ ~ , ~,. ~ ~ PLEDGE OF ALLEGIANCE: Commissioner,Eastman - ~ ~'"~~~~ ~~, ~s. - ~ .~.~.. PUBLIC COMMENTS CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT H:\DOCS~CLERICAUMINUTES~AC032204.DOC ~lanninqcommission(a~anaheim.net MARCH 22, 2004 PLANNING COMMISSION MINUTES • RECONVENE TO PUBLIC HEARING AT 1:30 P.M. PUBLIC COMMENTS: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. Mayor Curt Pringle stated he appreciates and thanks the residents of the community for their service to the City of Anaheim. CONSENT CALENDAR: Item 1-A through 1-D 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 Eastman offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioners Bostwick and O'Connell abstained on Item 1-B and Commissioner Romero was absent), for approval of Consent Calendar Items (1-A through 1-D) as recommended by staff. UNANIMOUSLY APPROVED 1. REPORTS AND RECOMMENDATIONS • A. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (b) CONDITIONAL USE PERMIT NO. 2002-04635 Approved Approved Retroactive TRACKtNG NO. CUP2004-04834) extension of time for one Toura # 2, Attn: Mike Bdaiwi, 3972 Barranca Parkway, Irvine, CA year (to expire on March 92606, requests a retroactive extension of time to comply with 18, 2005). conditions of approval for a previously-approved 16-unit attached residential condominium subdivision. Property is located at 1597 West (Vote: 6-0; Commissioner Katella Avenue. Romero absent) ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Flores and MOTION CARRIED, that the Anaheim City Planning Commission does hereby determine that the previously-approved Negative Declaration is adequate to serve as the required environmental documentation for subject request. Commissioner Eastman offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Romero absent), that the Anaheim City Planning Commission does hereby approve the request for a one (1) year retroactive extension of time to expire on March 18, 2005, based on the following: (i) 7hat this is the first request for an extension of time to comply with conditions of approval and the property has been properly maintained. (ii) That there have been no changes to the Anaheim General Plan and Zoning Code that would affect this project. No additional information or changed circumstances are present which would • contradict the facts used to support the required findings for approval of this Conditional Use Permit. sr1145cw.doc 03-22-04 Page 2 MARCH 22, 2004 PLANNING COMMISSION MINUTES ~ B. (a) GENERAL PLAN CONFORMITY NO. 2004-00033 - REQUEST TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL PLAN AND AMEND THE LANGUAGE OF THE ALPHA REDEVELOPMENT PLAN Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805, requests determination of conformance with the Anaheim General Plan for the proposed merger of six redevelopment project areas into one and amend the language of the Alpha Redevelopment Plan. Continued from the March 8, 2004 Planning Commission Meeting. RESOLUTION NO. PC2004-28A ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioners Bostwick and O'Connell abstained and Commissioner Romero absent), that the Anaheim City Planning Commission does hereby determine that the Anaheim Redevelopment Agency's (ARA) proposal to merge the Alpha, River Valley, Plaza, Commercial/Industrial, West Anaheim Commercial Corridors and Stadium Redevelopment Projects conform to the Anaheim General Plan and recommend approval of the proposed amendments to the existing Redevelopment Plans to the Anaheim Redevelopment Agency and City Council. 1~ ~/ Determined to be in conformance with the Anaheim General Plan and recommended approval of the proposed amendments to the existing Redevelopment Plans to the Anaheim Redevelopment Agency and City Council. (Vote: 4-0; Commissioners Bostwick and O'Connell abstained and Commissioner Romero absent) sr2150ds.doc 03-22-04 Page 3 MARCH 22, 2004 PLANNING COMMISSION MINUTES ~ C. (a) GENERAL PLAN CONFORMITY NO. 2004-00034 - REQUEST TO Determined to be in DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL conformance with the PLAN FOR THE LICENSING OF A PARKING LOT FOR USE BY A Anaheim General Plan. LUNCH TRUCK Neil Jessen, County of Orange, 1300 South Grand Avenue, Building A, Santa Ana, CA 92705, requests determination of conformance with the Anaheim General Plan for the proposed licensing of an (Vote: 6-0; Commissioner approximately 200 square foot area of parking lot for use by a lunch Romero absent) truck during normal County Business Hours. Property is located at 3320 East La Palma Avenue. ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Romero absent), that the Anaheim City Planning Commission does hereby determine that the Orange County SSA's proposal to enter into a license agreement to allow a lunch truck on an approximately 200 square foot space in the parking at the County's SSA facility at 3320 E. La Palma Avenue, is in conformance with the Anaheim General Plan. General P/an 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 April 7, 2004, as the application was submitted on February 26, 2004, for the subject request.) sr8717jw.doc ~ 03-22-04 Page 4 MARCH 22, 2004 PLANNING COMMISSION MlNUTES • D. Receiving and approving the Minutes from the Planning Commission Approved Meeting of March 8, 2004. (Motion) (Vote: 6-0, Commissioner ACTION: Commissioner Eastman offered a motion, seconded by Romero absent) Commissioner Flores and MOTION CARRIED (Commissioner Romero absent), that the Anaheim City Planning Commission does hereby receive and approve the minutes for the Planning Commission meeting of March 8, 2004. • ~ 03-22-04 Page 5 MARCH 22, 2004 PLANNING COMMISSION MINUTES • PUBLIC HEARING ITEMS: 2a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved 2b. CONDITIONAL USE PERMIT NO. 3420 Denied (TRACKING NO. CUP2004-04829) 2c. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. Denied 2004-00014 OWNER: Dong S. Park, 1523 West Katella Avenue, Anaheim, CA 92802 AGENT: Isabel Garcia, La Estrella Restaurant/Market, 718 South Philadelphia Street, Anaheim, CA 92805 LOCATION: 1523 West Katella Avenue. Property is approximately 0.56 acres, located at the northeast corner of Katella Avenue and Bayless Street (La Estrella Market). Conditional Use Permit No. 3420 (Tracking No. CUP2004-04829) - Request to amend or deiete conditions of approval for an existing convenience market and take-out restaurant to permit retail sales of beer and wine for both on and off-premises consumption. Determination Of Public Convenience Or Necessity No. 2004-00014 - Request to permit retai! sales of beer and wine for off-premises consumption within an existing convenience market. • CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-29 DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. PC2004-30 sr5085jr.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 2, and he stated a letter was received from the Anaheim City School District in opposition to the subject request and following the morning session a petition was received. ApplicanYs Statement: Raymond Cordova, 12142 Onyx Circle, Garden Grove, stated the applicant agrees with the conditions imposed, with the exception of Condition No. 9 because it would be a hardship for the applicant. Therefore, request for it to be limited to 16 seats for a period of one (1) year. He referred to the police report and stated the calls reported for the period of February 2003 to February 24, 2004 were not related to their business, but believes those calls were related to the Tattoo Parlor at the end of the complex. Public Testimony: Don Garcia, 410 W. Vermont Street, Anaheim, stated he is president of the Anaheim City School District Board and is a practicing family physician in central Anaheim. He informed he is not representing the school district but is speaking as an individual of the community and as a professional physician. He ~ stated he is adamantly in opposition to the subject request, as he believes it is endangering the safety of the children. The children in the Anaheim City School District are at very high risk with regard to their family and cycle social environment where they come from. The Commission had a study session within 03-22-04 Page 6 MARCH 22, 2004 PLANNING COMMISSION MINUTES ~ the past 2 years by Alcoholic Beverage Control (ABC) with regard to applications for conditional use permits for alcohol, and he is hoping the study session gave Commission some insight to the necessity that the subject request be denied. He explained prior incidents where he was involved with other conditional use permits in proximity of Benjamin Franklin Elementary School and Lincoln Elementary School and he protested with ABC and learned it must be addressed at the Planning Commission level, therefore they were unsuccessful and the businesses were issued licenses and allowed to sell beer and wine. He expressed his concerns as many elementary schools in the City of Anaheim are in close proximity to businesses that have beer and wine licenses and stated he doesn't believe that appropriately represents what we want for our public education students. He referred to the Police Reporting District Map attached to today's staff report and stated there is clearly a crime safety issue that needs to be taken into consideration. Tom Rizzuti, 1001 S. East Street, Anaheim, stated he is the facilities planner for the Anaheim City School District. He referred to the letter submitted by the school district and stated they oppose the subject request. He expressed his concerns and stated their opposition is based on two main perspectives: 1) over-concentration of licenses in the census tract for the subject neighborhood, and 2) the facility being in close proximity to Stoddard School and Stoddard Park. He asked Commission for their denial of the request. ApplicanYs Rebuttal: Mr. Cordova stated he doesn't believe having children in the deli would have an adverse affect on the children. There have been no reasons to believe that if a beer and wine license is granted the neighborhood's property values would go down, and that children would be affected by walking in front of • the facility. He stated he has a petition and would submit to staff, and asked Commission to take all testimony into consideration and grant the request for a one (1) year period, per staff's recommendation as stated in today's staff report. Public Testimony: Robert Eger, 1423 Holgate Drive, Anaheim, stated he has lived by the subject facility for 42 years, and he feels there are more than enough places that sell liquor in the surrounding neighborhood. There are a lot of children going to Stoddard Elementary School and Loara High School, and he feels they don't need to make it any easier for people to get into trouble. He stated they submitted to staff a list with 89 names from the neighborhood, and asked how residents receive notification of public hearing items. Mr. McCafferty responded notification is sent to properties within 300 feet of the subject property. Mr. Eger stated he didn't receive a notification, and was informed by another person; he continued to express concerns of the request. THE PUBLIC HEARING WAS CLOSED. Commissioner Buffa stated there is a sentence written in Spanish on the applicanYs petition, which she would request to have it translated. Commissioner Flores responded it states, "I am in accordance with the market receiving permission, CUP No. 3420", she stated they are in agreement. Commissioner O'Connell referred to the elementary schools in close proximity to facilities that have a beer and wine liquor license and asked Mr. Garcia if he is aware of any incidents that have caused ~ problems. 03-22-04 Page 7 MARCH 22, 2004 PLANNING COMMISSION MINUTES ~ Mr. Garcia responded personally he is not aware of any, but stated you may need to check with ABC and the police department for such reports. Chairperson Vanderbilt-Linares asked Mr. Rizzuti if he is aware of the enrollment size at Stoddard Elementary School. Mr. Rizzuti asked Suzy Brown to address the question. Suzy Brown, Director of Communications for the Anaheim City School District, stated she doesn't have the exact enrollment size, but informed Commission it is one of their more crowded schools, and is on "staggered" sessions due to the overcrowding. Their 1S' and 2~d graders share a classroom with two (2) teachers. Chairperson Vanderbilt-Linares asked if the students are mostly bused. Suzy Brown responded no, it is a neighborhood school. Commissioner Flores stated she was at the subject facility yesterday, and feels it is very weil maintained, and further continued to speak in support of the facility. She asked Mr. Cordova what type and how much beer and wine are they planning on purchasing. Mr. Cordova responded the amount of liquor sold couldn't exceed a certain percentage; and due to the size of the facility, there wouldn't be a large amount of liquor sold. Commissioner Flores asked Mr. Cordova for clarification regarding the amount of seating. Mr. Cordova responded the applicant is willing to go to 10 seats in order to receive approvai of the ~ request, but would respectfully request 16 seats. Commissioner Eastman referred to the applicant's request of 16 seats, and stated they wouldn't meet the parking requirements. Mr. McCafferty concurred, and stated they are limited to ten (10) or less seats; anything more would then require a parking variance. Michele lrwin, Senior Police Services Representative, expressed concerns of alcohol at the subject location and stated they do oppose the license based on the over-concentration of on and off sale, there is an over-concentration in both areas. She confirmed there have been three burglaries at the subject location and the rest of the calls for service do mostly pertain to the Tattoo Piercing Parlor. Commissioner O'Connell asked Michele Irwin for additional detail regarding the three burglaries. Michele Irwin responded they were "small" petty thefts. Commissioner O'Connell asked if the store called for service because someone stole something. Michele Irwin responded yes. Commissioners further spoke expressing their support or opposition to the subject request. • 03-22-04 Page 8 MARCH 22, 2004 PLANNING COMMISSION MINUTES • ~ • ~ ~- • ~ • • ~ • OPPOSITION: 3 people spoke in opposition and a petition was submitted with 71 signatures in opposition to the subject request. !N GENERAL: A person spoke in response to questions from the Commissioners. ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Romero absent), that the Anaheim City Planning Commission does hereby determine that the previously-approved CEQA Negative Declaration is adequate to serve as the required environmental documentation for subject request. Denied the modification to Conditional Use Permit No. 3420 (Tracking No. CUP2004- 04829) to amend or delete conditions of approval for an existing convenience market and take-out restaurant to permit retail sales of beer and wine for both on and off- premises consumption based on the following: (i) That the proposed use and modifications, subject to the conditions recommended herein, would adversely affect the adjoining land uses and the growth and development of the area in which they are proposed to be located, as the property is located due to the proximity of the establishment to a residential neighborhood to the north and an elementary school (Stoddard Elementary) to the south across Katella • Avenue. Denied the request for determination of Public Convenience or Necessity No. 2004- 00014 (to permit retail sales of beer and wine for off-premises consumption within an existing convenience market), based on the following: (i) That there are currently similar establishments in the immediate vicinity that provide convenience for customers to purchase beer and wine. Additionaily, the business is located within an area of below average crime rate (30% below City average), and the property had 14 calls for Police service during the reporting period, with three (3) reports taken over a period of one (1) year. Further, this request for the sale of beer and wine would determine that sales could increase the crime rate for the reporting district and/or increase calls for service at this location; and that the proximity of Stoddard Elementary School and the School DistricYs opposition to the request outweigh any convenience resulting from granting the request. VOTE: 4-2 (Commissioners Flores and O'Connell voting no and Commissioner Romero absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, April 13, 2004. DISCUSSION TIME: 44 minutes (1:51-2:35) ~ 03-22-04 Page 9 MARCH 22, 2004 PLANNING COMMISSION MINUTES ~ i ~ 3a. CEQA NEGATIVE DECLARATION Approved 3b. VARIANCE NO. 2004-04600 Approved, in part 3c. TENTATIVE TRACT MAP NO. 16632 Approved 3d. SPECIMEN TREE REMOVAL NO. 2004-00001 Approved OWNER: Laxmi Waohwani, Shivan Invest LLC, 12621 Western Avenue, Garden Grove, CA 92841 AGENT: Chris West, 16811 Greenview, Huntington Beach, CA 92649 LOCATION: 375 South Mohler Drive. Property is approximately 5.4 acres, having a frontage of 679 feet on the west and the southwest side of Mohler Drive, located 50 feet southeast of the centerline of Owens Drive. Variance No. 2004-04600 - Request waivers of: (a) minimum lot width, and (b) minimum front yard setback to construct seven (7) single-family homes. Tentative Tract Map No. 16632 - Request to establish a 10-lot, 7-unit detached single-family subdivision. Specimen Tree Removal No. 2004-00001 - Request to remove fifteen (15) specimen trees. VARIANCE RESOLUTION NO. PC2004-31 sr8715av.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 3. ApplicanYs Statement: Chris West, 16891 Greenview Lane, Huntington Beach, stated they agree with staff's recommendation and the conditions imposed, and request Commission's approval of the subject item. Public Testimony: Chuck Throup, 380 S. Mohler Drive, Anaheim, stated he supports the project, and has spoken with Mr. West with regards to removing or thinning out some of the trees, in order to eliminate any fire hazard or obstruction of view. Chuck Bertocchini, 295 S. Owens Drive, Anaheim, stated his question is the flow of traffic because as you egress out of the property it curves and he is concerned about the line-of-sight coming down the hill from Mohler Drive. Alfred Yalda, Principal Transportation Planner, stated when the project is designed it would be something they would look at for the line-of-sight distance. Jim Sugden, 370 S. Mohler Drive, Anaheim, stated he also supports cutting the trees, and feels it doesn't go far enough. Along the curve of the parcel there is a line of Eucalyptus Trees which run along the inside of the curve and they are unsightly, blocks their view, and many of the trees are dead and/or dying. 03-22-04 Page 10 MARCH 22, 2004 PLANNING COMMISSION MINUTES • Also, the trees are growing underneath the power lines. He asked that Mr. West go a step further and add those Eucalyptus Trees to the trees they are planning to remove. Chairperson Vanderbilt-Linares asked staff for clarification regarding any underground projects in the subject area. James Ling, Associate Civil Engineer, stated the City is redoing the power lines, but are just taking out poles and putting in new ones, he clarified there is not an underground project for that area. Mr. Sugden referred to the plans and asked for clarification regarding the "securit~' wall along Mohler Drive, with regard to the location and what it would look like. Mr. McCafferty explained the process with regards to removing specimen trees; and stated with regard to the fence there is a condition imposed for the variance, which requires the applicant to come back for approval by staff and Planning Commission for final elevation, landscaping and fencing plans. Commissioner Bostwick asked Mr. West where would the new road be placed in relation to the two existing gates/road. THE PUBLIC HEARING WAS CLOSED. Mr. West responded the proposed road is almost right in between the two existing dirt roads, splitting the two roads, and going off in about the same angle. With regards to the trees it has been their intention to clean up the dead trees that are unsightly in order to help the health of the existing trees, but it wasn't their intention to cut down the Eucalyptus trees on Mohler Drive. With regards to fhe wall, it is their intention to put a wrought iron "security' fence on the inside of the Eucalyptus Trees more for the individual home security, it would not be a block/solid wall. He spoke relative to the grading, and also • stated he doesn't feel removing the trees would be in the best interest of the neighbors or the aesthetics of the property. He informed they went a step further regarding notification and they sent out information cards to properties within 1,000 feet of the subject property. They received about thirty (30) calls, which were positive and some neighbors gave helpful information. Chairperson Vanderbilt-Linares re-opened the public hearing as another speaker wished to speak. David Linskens, 366 S. Timken Road, Anaheim, asked what size are the lots and he expressed concerns with building homes on lots that are less than half an acre in the subject area. Mr. McCafferty stated the property is zoned for half an acre minimum, therefore the gross is 22,000 square feet (half an acre), and exclusive of private streets and access easements it is 99,000 square feet. He referred to the table listed in today's staff report, page 2, paragraph 8, and stated the proposed lots are large lots and all of them do comply. Mr. Sugden responded if the applicant were not willing to take down the trees along the top he would withdraw his support, and would be in opposition to the request. THE PUBLIC HEARING WAS CLOSED. Commissioner Buffa stated she feels it is a great project and the architectural detail is astounding. It blends in beautifully and would be an asset to the community. Further discussion took place amongst the Commission and staff regarding the type of trees along Mohler Drive; staff stated the applicant might need to do a survey to determine if the trees meet the criteria of • specimen trees and if they're in the public right-of-way. 03-22-04 Page 11 MARCH 22, 2004 PLANNING COMMISSION MINUTES ~ Mr. West addressed the issues of construction, design, grading, square footage of the lots, and common areas. Commissioner Eastman encouraged the applicant to work with the neighbors regarding the concern of the "diseased" trees. Mr. West responded he would be happy to do that, and he feels they are all in agreement with cutting down as few trees as possible and maintaining the health of the existing trees. Mr. Ling read into the record added conditions of approval pertaining to the grading process. OPPOSITION: One person spoke in opposition to the subject request. IN SUPPORT: Two people spoke in favor of the subject request. IN GENERAL: One person asked questions in reference to required lot area for the project. ACTION: Approved CEQA Negative Declaration Approved, in part, Waiver of Code Requirement, as follows: Denied waiver (a) pertaining to minimum lot width since it has been deleted from the request. • Approved waiver pertaining to (b) minimum front yard setback. Approved Tentative Tract Map No. 16632 (to establish a 10-lot, 7-unit detached single- family residential subdivision) subject to the conditions of approval as stated in the staff report dated March 22, 2004, with the following added conditions of approval to read as follows: ~ That prior to the commencement of grading operations, the contractor shall submit a truck route plan for review and approval by the City Traffic and Transportation Manager. That the contractor shall repair, at his own expense and to the satisfaction of the City Field Engineer, any damage to roadway or the public facilities due to construction traffic or other grading operations. That transport of imported fill shall be limited to between the hours of 8:30 a.m. to 1:30 p.m., Monday through Friday. Absolutely no work is permitted on Saturdays, Sundays or holidays unless specifically approved by the Field Engineer. That transport of imported fill shall be limited to single-loaded trucks only. Doubie- loaded trucks are not allowed. That staging of construction vehicles on any public or private street shall not be permitted at any time. Approved Specimen Tree Removal Permit No. 2004-00001 (to remove fifteen (15) specimen trees in order to construct seven (7) new single-family residences), subject to the conditions of approval as stated in the staff report dated March 22, 2004. 03-22-04 Page 12 MARCH 22, 2004 PLANNING COMMISSION MINUTES • VOTE: 6-0 (Commissioner Romero absent) Seima Mann, Assistant City Attorney, presented the 10-day appeal rights for the Tentative Tract Map ending at 5:00 p.m. on Thursday, April 1, 2004, and the 22-day appeal rights for the Variance and Specimen Tree Removal Permits ending at 5:00 p.m. on Tuesday, April 13, 2004. DISCUSSION TIME: 33 minutes (2:36-3:09) A recess was permitted in order to allow the crowd to exit. • . 03-22-04 Page 13 MARCH 22, 2004 PLANNING COMMISSION MINUTES • 4a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Approved 4b. CONDITIONAL USE PERMIT NO. 2004-04832 Denied OWNER: Marites Tess Villanueva, Tess Loving Home, 2785 East Diana Avenue, Anaheim, CA 92806 LOCATION: 2785 East Diana Avenue. Property is approximately 0.22- acre, having a frontage of 60 feet on the north side of Diana Avenue, located 100 feet west of the centerline of Rio Vista Street (Tess Loving Home). Request to permit a residential group care facility for up to 16 elderly residents. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-32 sr1146cw.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced item No. 4, and stated staff has received 18 letters in opposition to the subject request. Applicant's Statement: Tess Villanueva, Tess Loving Home, 2785 E. Diana Avenue, Anaheim, stated she believes there is a misconception with the neighbors pertaining to the operation of a residential care facility. Their home is ~ non-medical, and is providing elderly people an opportunity of not having to live in a nursing home. Public Testimony In Support: James Zulauf, 1235 S. Wright Street, Santa Ana, stated he is a general contractor and has been assisting with the plans and development of the subject home. He submitted a letter to the Commission regarding the impacts the facility would have on the neighborhood. The residents are independent and manage to care for themselves, but need assistance with their meals, taking medication, and things as such. The owner of the home is providing a convenience and a better quality of life for the residents. Public Testimony In Opposition: Joe Milazzo, 2726 E. Diana Avenue, Anaheim, stated the subject property is in a residential neighborhood, and the homeowners in the area have done a lot of investment for their neighborhood. He clarified that 19 letters in opposition were submitfed to staff. He stated there are 30 homes on the block, and 5 of those homes are operating as a certain type "care" facility. He expressed concerns on how such facilities might decrease the neighbor's property values, and addressed the existing negative impacts in their neighborhood due to the "care" facilities. Joe Montanio, 2751 E. Verde Avenue, Anaheim, stated he concurs with Mr. Milazzo, and expressed concerns that the facility would lower their property value for the residential neighborhood. Eric Williams, 2721 E. Diana Avenue, Anaheim, stated they moved in the neighborhood approximately 5 years ago, and were aware of the two group homes that do not require a license. Since that time, three additional group homes have opened up. He expressed his concerns of not being familiar with all of the different occupants of the group homes, and he concurred with Mr. Milazzo. ~ Donald Peruzzi, 2724 Lizbeth Avenue, Anaheim, stated his concern is that there actually may be more group homes in the area, which they are not aware of. 03-22-04 Page 14 MARCH 22, 2004 PLANNING COMMISSION MINUTES • Tony Ippolito, 2789 Verde Avenue, Anaheim, expressed concerns for his well being pertaining to the "care" facilities in the neighborhood, and asked Commission to deny the request. Marie O'Brien, 2769 E. Diana Avenue, Anaheim, stated they have lived in their home for 45 years. She concurred with Mr. Milazzo and expressed concerns with adding any more group homes to the neighborhood and/or residents to the subject facility. Sharlen Ellwood, 2783 E. Diana Avenue, Anaheim, stated she is not opposed to the existing six (6) residents, but does oppose the request for sixteen (16) residents. Bob O'Brien, 2769 E. Diana Avenue, Anaheim, stated he is not opposed to the existing facility, but does oppose the request for sixteen (16) residents. They wouldn't comply with State guidelines unless they make changes to the subject facility. Sandie Minguez, 2745 E. Diana Avenue, Anaheim, expressed concerns of the group homes in the neighborhood. John Leos, 2714 E. Verde, Anaheim, stated he moved in the neighborhood about two (2) years ago and if he had known about the group homes existing, he would not have moved in. He feels the request may set precedence for other group homes in the area to also expand. Carol Swanson (no address given) spoke on behalf of her daughter who resides in the neighborhood, and stated once you install the space for commercial parking and the extension of the house, you would then be creating a mixed-commercial area. She stated it would not only set precedence but also set the footprint for additional type of endeavors, which would lower property values for the neighbors. Mr. McCafferty verified that staff received 19 letters in opposition to the request, as he previously • incorrectly stated 18 letters were received. The following four people filled out speaker cards in opposition to the request, but did not wish to speak. • Phyllis Ippolito, 2789 Verde Avenue, Anaheim. • Charles Stankich, 2789 E. Diana Avenue, Anaheim. • Roy Rogers, 2727 E. Diana Avenue, Anaheim. • Jack Johnson, 2770 E. Diana Avenue, Anaheim. Applicant's Rebuttal: Tess Villanueva, stated she understands her neighbor's concerns, but feels the concerns are more related to the drug and rehabilitation group home. She explained the elderly residents at her home do not drive and parking wouldn't be a problem. It is a home-like atmosphere for the residents. THE PUBLIC HEARING WAS CLOSED. Chairperson Vanderbilt-Linares asked staff if they prepared the staff report, prior to receiving letters in opposition. Mr. McCafferty agreed, and stated staff's recommendation would now be to revise the number of residents so the owner wouldn't have to add the additional open space; and suggested limiting the request to ten residents, six bedrooms and two on-site managers. Commissioner O'Connell asked if there are Alzheimer's patients. ~ Tess Villanueva responded they do have mild dementia residents. Commissioner Eastman asked if they accept residents with a diagnosis of Alzheimer's. 03-22-04 Page 15 MARCH 22, 2004 PLANNING COMMISSION MINUTES ~ Tess Villanueva responded she has a waiver to accept dementia clients, but the State does regulate her home, if they feel a particular person needs more care, then they would order her to relocate the client. She is in compliance with the State. She spoke with regard to the number of proposed residents, but stated they do not anticipate sixteen (16) but the reason for that number is because when they have to file a motion, the maximum capacity is sixteen (16). She explained their maximum would be about twelve (12) residents, but it is not aiways a full home as it changes as some residents may be recommended to go to a nursing home. Commissioner Flores asked if they prescribe medication. Tess Villanueva explained they could obtain a waiver from the State for certain medical situations, but a nurse would come in. They are completely non-medical. Their facility is to help the elderly with their daily living such as showers, etc. Commissioner O'Connell asked the applicant to address the operations with regards to the trash and traffic. Tess Villanueva responded they ordered an additional trash container from the City. With regard to the parking issue, she stated none of the residents drive and there is not much family visitation. Commissioner O'Connell asked about the overall health of the residents. Tess Vi!lanueva responded they are in "good" health, and just want to be in a home-like atmosphere because they don't want to be in a nursing home. Commissioner O'Connell asked if there is supervision when the residents leave the house. • Tess Villanueva responded they could not leave the premises without supervision, and explained because they have a waiver for dementia and have to comply with the State, they do have alarms on the doors in order to alert them when someone leaves the premises. Commissioner Eastman asked how many residents would be in a room. Tess Villanueva responded two residents in a room, and stated the State informs her how many staff personnel would be required. Commissioner Flores expressed her concerns regarding parking and stated she would agree with adding two more residents, but opposes a total of ten residents. Commissioner O'Connell asked if an adjacent neighbor of the subject facility would come forward to speak, and asked if they are aware of the number of residents in the home. Mr. McCafferty suggested that Charles Stankich or ponald/Sharlen Eliwood come forward to address the question. Charles Stankich, 2789 E. Diana Avenue, Anaheim, responded he is unaware of how many people are in the home because they are indoors, but informed he has had four intrusions into his home, and stated those residents were unsupervised at the time. Commissioners further spoke expressing their support or opposition to the subject request. Selma Mann, Assistant City Attorney, stated the legislature makes decisions with regards to certain types of land uses, and with regard to group homes the legislature has made a determination that certain types • of group homes, if they are kept to six or fewer residents, are to be considered as any other single-family use. It has decided the best place for these types of facilities is amongst single-family uses so that there 03-22-04 Page 16 MARCH 22, 2004 PLANNING COMMISSION MINUTES • is limited type of opportunity for regulation. She explained if the use becomes a nuisance or if the use is not maintained, that there are then the general land use regulations. With regard to any type of permits, the City has very limited authority over them. Since the proposed use has more than six residents that is the reason why it is before the Planning Commission for consideration. But, even in that instance there are other types of constraints with regard to what the Commission will do and in certain instances, where you have a population that is disabled, then the City has a duty to make reasonable accommodation in having the use come into the community. Therefore, if there were a denial of a request where you do have some element that is treating a disabled community, then the Planning Commission would need to make a reasonable accommodation where that is possible. She stated the staff report today was recommending approval of the request, and that recommendation was prior to the additional information received. She suggested if the Planning Commission makes a recommendation that is different than what was in the staff report then the Commission must be very specific with regard to the basis for their recommendation. ~ FOLLOWING 15 A SUMMARY OF THE PLANNING COMM15510N AGTIUN. ~ OPPOSITION: 11 people spoke in opposition; 4 people filled out speaker cards in opposition to the subject request but did not wish to speak. 19 letters of opposition were received prior to today's meeting. IN SUPPORT: A person spoke in favor of the subject request and submitted a letter. • ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Romero absent), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 1(Existing Facilities), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Denied Conditional Use Permit No. 2004-04832 to permit a residential group care facility for up to 16 residents, based on the finding of fact that the evidence presented shows that all of the following conditions exist: (i) That the proposed use will adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; (ii) That the size and shape of the site for the proposed use is inadequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; (iii) That the traffic generated by the proposed use will impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; (iv) That the granting of the conditional use permit under the conditions imposed, if any, will be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and (v) Based on the testimony heard at the Planning Commission meeting dated March 22, 2004, and the 19 letters of opposition submitted that indicated concerns with ~ regard to supervision, anticipating crowding, increased noise and increase in the number of cars with regard to the visitors and employees, the evaluation by the Commission that the additional parking space at the location that would be required 03-22-04 Page 17 MARCH 22, 2004 PLANNING COMMISSION MINUTES • in order to accommodate the additional bedrooms that are requested, would be out of character in the neighborhood and would provide more of an appearance of a commercial facility rather than a residential facility, and in addition the proliferation of the homes that the City does not have any control over in the neighborhood that even though the City does not have any control over them are impacting the neighborhood so that this would have more of an impact than if it were the only group home. VOTE: 6-0 (Commissioner Romero absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, April 13, 2004. DISCUSSION TIME: 63 minutes (3:10-4:13) • • 03-22-04 Page 18 MARCH 22, 2004 PLANNING COMMISSION MINUTES • 5a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Concurred with staff 5b. CONDITIONAL USE PERMIT NO. 2004-04839 Granted OWNER: Daniel Rodriguez, 184 South Linhaven Circle, Anaheim, CA 92804 AGENT: Lucille Kring, 1619 West Lorane Way, Anaheim, CA 92802 LOCATION: 862 South Harbor Boulevard. Property is approximately 0.13-acre, having a frontage of 61 feet on the east side of Harbor Boulevard, located 210 feet north of the centerline of Hampshire Avenue. Request to establish an automobile rental agency. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-33 sr5084jr.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 5, and he read into the record an added condition of approval. ApplicanYs Statement: Lucille Kring, 1619 W. Lorane Way, Anaheim, stated she is the agent for the property, and the applicant • had to leave the meeting. The applicant agrees to all of the stipulations in the staff report, with the exception of Condition No. 1 which pertains to the signage. They feel the sign is appropriate and would like to obtain a waiver in order to keep the existing sign; and they plan to paint the sign and include the applicanYs business name, address and phone number onto the sign. THE PUBLIC HEARING WAS CLOSED. Greg McCafferty stated there might be some flexibility if there is proof that the sign was originally permitted with Zoning and Building Division approval, but the planner of the case could not find such approval. Therefore, they would have to comply with the current sign code, unless they applied for a variance. Commissioner Bostwick referred to the roof-mounted screening and equipment, and requested that a condition of approval be added "that portable or non-permitted shade coverings shall not be allowed". Lucille Kring was in agreement with the added condition of approval; and stated she is asking for a waiver for the sign. Chairperson Vanderbilt-Linares stated the subject request would then need to be re-noticed. Lucille Kring asked staff what they advise because they want to keep the existing sign and would need a solution today because of a tight time frame with escrow closing soon. Mr. McCafferty suggested that Commission grant the request today per staff's recommendation, and the applicant could come back; they could then advertise the waiver for the sign at a later time. If the applicant looks at the difference between the existing sign and what the code currently permits, there is not too much difference. Therefore, the applicant may then opt for a sign that conforms to code. • Commissioner Eastman stated they typically use a situation as this as an opportunity to upgrade and make things uniform in order to enhance the street view. 03-22-04 Page 19 MARCH 22, 2004 PLANNING COMMISSION MINUTES • • • ~ ~' • ~ ~ • ~ • OPPOSITION: None ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Romero absent), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 1(Existing Facilities), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Granted Conditional Use Permit No. 2004-04839 (to permit an automobile rental agency) subject to the conditions of approval as stated in the staff report dated March 22, 2004, with the following modifications: Added the following conditions of approval to read as follows: That there shall be no portable tents or shade coverings. That the existing roof-mounted equipment shall be screened from view. VOTE: 6-0 (Commissioner Romero absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on • Tuesday, April 13, 2004. DISCUSSION TIME: 14 minutes (4:16-4:30) • 03-22-04 Page 20 MARCH 22, 2004 PLANNING COMMISSION MINUTES i 6a. CEQA NEGATIVE DECLARATION Continued to 6b. GENERAL PLAN AMENDMENT NO. 2004-00417 April 5, 2004 6c. RECLASSIFICATION NO. 2004-00115 6d. CONDITIONAL USE PERMIT NO. 2004-04831 6e. TENTATIVE TRACT MAP NO. 16650 OWNER: Kurt Slingsby, Stonybrook LLC, P.O. Box 4304, Carson, CA 90749 AGENT: John Ward, Stonybrook LLC, P.O. Box 4304, Carson, CA 90749 LOCATION: 736 South Beach Boulevard and 2966 West Stonvbrook Drive. Property is approximately 0.64-acre, located at the southeast corner of Beach Boulevard and Stonybrook Drive. General Plan Amendment No. 2004-00417 - Request to amend the Land Use Element Map of the General Plan redesignating the property from the General Commercial and Medium Density Residential land use designations to the Low-Medium Density Residential designation. Reclassification No. 2004-00115 - Request reclassification of the property from the RS-A-43,000 (Residential/Agricultural) and RM-1200 (Residential, Multiple-Family) zones to the RM-3000 (Residential, Multiple- Family) zone or less intense zone. Conditional Use Permit No. 2004-04831 - Request to construct a 7-unit • detached one-family residential airspace condominium subdivision with waivers of: (a) minimum structural setback adjacent to a local street, (b) minimum structural setback adjacent to an interior lot line, (c) minimum required recreational leisure area, and (d) minimum distance between buildings. Tentative Tract Map No. 16650 - Request to establish a 1-lot, 7-unit detached residential airspace condominium subdivision. GENERAL PLAN AMENDMENT RESOLUTION NO. RECLASSIFICATION RESOLUTION NO. CONDITIONAL USE PERMIT RESOLUTION NO. sr3064a_ey.doc FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. ~ OPPOSITION: None ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Romero absent), to continue the subject request to the April 5, 2004, Planning Commission Meeting in order to allow time for the applicant to complete the sewer study. • VOTE: 6-0 (Commissioner Romero absent) DISCUSSION TIME: This item was not discussed. 03-22-04 Page 21 MARCH 22, 2004 PLANNING COMMISSION MINUTES ~ MEETING ADJOURNED AT 4:30 P.M. TO MONDAY, APRIL 5, 2004 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. Respectfully submitted: ,~~~~ i~y?~io • Elly Morris Senior Secretary s Received and approved by the Planning Commission on (~ pr~~ ~ 'J~ , 2004. 03-22-04 Page 22