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Minutes-PC 2004/04/05 (2)C~ • • CITY OF ANAHEIM PLANNING COMMISSIOIV MINUTES MONDAY, APRIL 5, 2004 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRPERSON: JAMES VANDERBILT-LINARES COMMISSIONERS PRESENT: PAUL BOSTWICK, GAIL EASTMAN, JERRY O'CONNELL, DAVID~RfJM~R ° -~~uu COMMISSIONERS ABSE STAFF PRESENT: ~~~ ~ Selma Mann, Assistar~'G~~y Linda Johnson, Ack'r~g~` dva Greg McCafferty, ~~nc~~~l'~F Della Herrick, A ocFi~t~ I~la Alfred Yalda, P~C~-nci~~l r~~~ Brad Hobson ~~puty~Di~'e~i ~~" ~; ~~~ AGENDA P ~T~fiN~: . ~ c~or~ c~ Thursday, I~a~c~ 30, 2 0~4, i the outside~d~splay k ~ k~.„;~ ~~. PUBLISH 'p~ ~ A~a ~° im ~ ,,r ~ ~ CALL TO ~.~DER ~< ~~~ :~LLY~mt~~F~4; C~-k~C~`I~l~ FLOR~ES_,~~ ~ ~~~ x~ ~ ~~,~-~ ~ ~ ~~ ~~~`'_,~° ~ ~ ~`°~"dRw~. ' ,~ ~~ ~~+m,~ ning Ma~ager ~James L~~ `' ~ia~ ~ Charity W~gner, Pfa~r~n ~~~ ~ ~ Pat Chandler, ~~~~i~~~ x~Planner Elly Morris, Seni~~Se,~ nmunity Dev. Danielle Masciel, V~V'o~~C ~~ py of the Planning Commission Agend~ ; dis~Ja~~ase located in the foyer of th~ ~~ p.m. on and also in • ~ STAF,F~`~UPCY~~"T~C~I~/~QIS~ ~ ~ ~O~r~;~~~I~S~Ci7Y~~' ~ ~_ ~ ~ ~ ~~ D~VE~ORMEN~ ~IS~U S P~~R~Ct.U~S`~ @ BY'"" °` ~'' ` ` PLANIV1f~~C0 MISSIO ~~: ~".' r ~j~. ~ ~ ~ ~~ ~ ~~ . ' u k* a. • ~RELIMI~IQRY, ~tV ~2 ~ ~W FQR IT ~S~QT~ ~ , P~R ~~; 2004 AC~ 'NDA ~ ;~~ ~ ~:~~ :$ ~ ° ~ ~ ~ ~ ~ ~~g~ ~~`' RECESS TO AFT ~ OO~,~~I~B~~~I. , HEARINf ~ES~I~~N ~~~'*`~~~~ ;~~ RECONVENE TO PUB~1~ H~AR~NG '~°:°30~?:M ~~ ~~~~ ~~~`~°3~ ~' ~ ~~~ For record keeping purp~t`s~~st f y~ u ~is~t~toinake~stat~i~ent reg~~rdl~ ~a,~-y°~~" ~m on the agenda, please complete a speaker card and~~br~it it ~o~~e ~ec~etary. ~ . ~ ~~ ~` ~ PLEDGE OF ALLEGIANCE: Commission~ostuuiek~~~~'~""" PUBLIC COMMENTS CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT H:\DOCS\CLERICAL\MINUTESWC040504.DOC planninpcommission(cr~.anaheim.net APRIL 5, 2004 PLANNING COMMISSION MINUTES • RECONVENE TO PUBLIC HEARtNG AT 9:30 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 City Planning Commission or public comments on agenda items with the exception of public hearing items. CONSENT CALENDAR: Items 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 Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioners Buffa and Flores absent), for approval of Consent Calendar Items (1-A and 1-D) as recommended by staff. Consent Calendar Items (1-B and 1-C) were removed from the Consent Calendar for separate discussion. UNANIMOUSLY APPROVED REPORTS AND RECOMMENDATIONS ~ • A. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Appro~ed (b) CONDITIONAL USE PERMIT NO. 2002-04658 Approved retroactive (TRACKING NO. CUP2004-04833) extension of time for Abbas Rahmani, 25781 Fletcher Place, Laguna Hills, CA 92653, 1 year (to expire on requests a retroactive extension of time to comply with conditions of February 10, 2005) approval for a previously-approved vehicle impound repair facility. Property is located at 1210 North Knollwood Circle. (Vote: 5-0, Commissioners Buffa and ACTION: Commissioner Bostwick offered a motion, seconded by Flores absent) Commissioner Eastman and MOTION CARRIED (Commissioners Buffa and Flores absent), that the Anaheim City Planning Commission does hereby determine that the previously-approved Negative Declaration is adequate to serve as the appropriate environmental documentation for this project. Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioners Buffa and Flores absent), that the Anaheim City Planning Commission does hereby approve the request for a one (1) year retroactive extension of time, to expire on February 10, 2005, based on the following: (i) That the proposed plan remains in conformance with the current zoning and existing General Plan land use designation for this property. Further, there have been no code amendments that would cause the approval to be considered inconsistent with the Zoning Code, nor has the petitioner submitted plans that would render the project inconsistent with the existing Zoning Code. (ii) That this is the first request for a time extension and Code permits a maximum of two requests for extension of time to comply with conditions of approval. 04-05-04 Page 2 APRIL 5, 2004 PLANNING COMMISSION MINUTES • (iii) That the property has been maintained in a safe, clean and aesthetically pleasing manner with no outstanding code violations affecting this property. (iv) That there is no information or changed circumstances which contradict the facts necessary to support one or more of the required findings for approval of Conditional Use Permit No. 2002-04658. sr8720gk.doc • • 04-05-04 Page 3 APRIL 5, 2004 PLANNING COMMISSION MINUTES • C ~ u B. (a) CEQA MITIGATED NEGATIVE DECLARATION (PREV-APPROVED) (b) MISCELLANEOUS NO. 2004-00077 Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805, requests Planning Commission review of basic concept drawings for the restoration and reuse of an existing historical building as a commercial retail center project. Property is located at 315-327 South Anaheim Boulevard. (This item was removed from the Consent Calendar for separate discussion.) Chairperson Vanderbilt opened the public hearing. Approved Recommended approval to the Anaheim Redevelopment Agency (Vote: 5-0, Commissioners Buffa and Flores absent) sr2148ds.doc Greg McCafferty, Principal Planner, introduced Item 1-B, Misce(faneous No. 2004-00077 - Review and Recommendation of Conceptual Plans. Selma Mann, Assistant City Attorney, read into the records, modifications to the California Environmental Quality Act. Applicant's Testimony: Brad Hobson, Deputy Director of Community Development, requested Planning Commission review of basic concept drawings for the restoration and reuse of an existing historical building as a commercial retail center. The public hearing was closed ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioners Buffa and Flores absent), that the Anaheim City Planning Commission does hereby recommend approval of the previously-approved CEQA Mitigated Negative Declaration based upon the findings contained in the "Environmental Impact Analysis" section as stated in the staff report dated April 5, 2004, as modified by the Assistant City Attorney at today's meeting to restate environmental findings contained in the "Discussion" section of the staff report in the "Environmental Impact Analysis" section, paragraph (9), of the report as follows: (9) Staff has reviewed the request for review of conceptual plans for a potential commercial retail center and has determined that the current request would be covered by the previously-approved mitigated negative declaration approved for the establishment of the South Anaheim Boulevard Overlay Zone adopted in 2000. Staff has reviewed the project for CEQA compliance. The request before the Planning Commission at this time appears to be in conformance with the previously-approved mitigated negative declaration. Any mitigation measure that would be required of a project under that mitigated negative declaration would be adhered to. Moreover, the developer is required to rehabilitate an historic structure in accordance with historical standards, including the Anaheim Colony Historic District Preservation Plan and the U.S. Secretary of the Interior Standards for Historic Preservation. CEQA Guidelines Section 15064(b)(3) provides, in relevant part, that generally a project that follows the Secretary of the Interior standards for the treatment of historic properties with guidelines for preserving, rehabilitating, restoring and reconstructing historic buildings or the Secretary of the Interior standards for rehabilitation and guidelines for rehabilitating historic buildings shall be considered as mitigated to a level of less than significant impact on the historical resource. A complete environmental analysis would be conducted for the specific project when the formal detailed 04-05-04 Page 4 APRIL 5, 2004 PLANNING COMMISSION MINUTES ~ application for a land use entitlement is requested to determine the appropriate specific mitigation measures for the environmental determination. Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioners Buffa and Flores absent), that the Anaheim City Planning Commission does hereby recommend to the Anaheim Redevelopment Agency approval of basic concept plans to develop a future commercial retail and auto detail center. DISCUSSION: 8 minutes (1:42-1:50) • . 04-05-04 Page 5 APRIL 5, 2004 PLANNING COMMISStON MINUTES ~ C. (a) ENVIRONMENTAL IMPACT REPORT NO. 313 (PREV-CERTIFIED) Approved (b) SPECIFIC PLAN ADJUSTMENT NO. 4 TO THE ANAHEIM RESORT Recommended to the City SPECIFIC PLAN NO. 92-2 Council adoption of the "draft" (TRACKING NO. SPN2004-00025) Ordinance pertaining to City of Anaheim, Planning Department, 200 South Anaheim Adjustment No. 4 to the Boulevard, Anaheim, CA 92805, requests Specific Plan Adjustment Anaheim Resort Specific Plan No. 4 to the Anaheim Resort Specific Plan (SP92-2) (Chapter 18.48 of No. 92-2. the Anaheim Municipal Code) to modify the zoning and development Note: 3-1, Commissioner standards to permit office uses in a legal non-conforming building O'Connell abstained and subject to approval of a Conditional Use Permit. Commissioner Vanderbilt voted no; Commissioners (This item was removed from the Consent Calendar for separate Buffa and Flores were absent) discussion.) OPPOSITION: A person representing Disney spoke with concerns/opposition to the subject request. sr8718dh.doc Chairperson Vanderbilt opened the public hearing. Commissioner O'Connell abstained due to his partnership with property owners in the resort. ApplicanYs Testimony: Linda Johnson, Principal Planner, introduced Item 1-C, Specific Plan Adjustment No. 4 to the Anaheim Resort Specific Plan No. 92-2, and requested Planning Commission's approval to modify the zoning and • development standards to permit office uses in a legal non-conforming building. Public Testimony: Ed Chuchula, 700 W. Ball Road, Anaheim, CA, Vice President of Pre-Development for Walt Disney Imagineering, stated concern that the zone intended for commercial and recreational development would preclude the growth and expansion of ecotourism and serving assets, and also could be opening the door to various State and Federal government uses not required to go through the City permitting process. ApplicanYs Response: Ms. Johnson responded that each time staff gets a request to amend the Anaheim Resort's Specific Plans with the other specific plans in the resort, it looks carefully at the impact of those changes, whether it be a land use or as a development standard. A Federal or County agency could come in and occupy locafions, and with some instances not always have to abide by City standards, however there is one particular business that has indicated to staff that they would process a conditional use permit and put the City's conditions or mitigations measures into the lease with whomever they were to lease the properties to. The public hearing was closed. ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner O'Connell abstained, Commissioner Vanderbilt voted no, Commissioners Buffa and Flores absent), that the Anaheim City Planning Commission does hereby determine that the previously-certified EIR No. 313 and Mitigation Monitoring Program No. 0085 are adequate to serve as the required environmental documentation for the subject request. • Commissioner Bostwick offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner O'Connell abstained, Commissioner Vanderbilt voted no, Commissioners Buffa and Flores absent), that the Anaheim City Planning Commission does hereby recommend to the City Council 04-05-04 Page 6 APRIL 5, 2004 PLANNING COMMISSION MINUTES ~ the adoption of the attached draft Ordinance pertaining to Adjustment No. 4 to the Anaheim Resort Specific Plan No. 92-2 Zoning and Development Standards to permit office uses in a legal non- conforming structure subject to approval of a Conditional Use Permit. DISCUSSION: 17 minutes (1:51-2:08) D. Receiving and approving the Minutes from the Planning Commission Meetings of March 22, 2004. (Motion) ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Romero abstained, Commissioners Buffa and Flores absent), that the Anaheim City Planning Commission does hereby receive and approve the minutes for the Planning Commission meeting of March 22, 2004. • • Approved (Vote: 4-0, Commissioner Romero abstained since he was absent for the meeting; Commissioners Buffa and Flores absent) 04-05-04 Page 7 APRIL 5, 2004 PLANNING COMMISSION MtNUTES • PUBLIC HEARING ITEMS: 2a. CEQA NEGATIVE DECLARATION 2b. GENERAL PLAN AMENDMENT NO. 2004-00417 2c. RECLASSIFICATION NO. 2004-00115 2d. WAIVER OF CODE REQUIREMENT 2e. CONDITIONAL USE PERMIT NO. 2004-04831 2f. TENTATIVE TRACT MAP NO. 76650 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 Pian 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 Residentiai 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, Multipie-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 lir~e, (c) minimum required recreational leisure area, and (d) minimum distance between buiidings. Tentative Tract Map No. 16650 - Request to establish a 1-lot, 7-unit detached residential airspace condominium subdivision. Continued from the March 22, 2004 Planning Commission Meeting. GENERAL PLAN AMENDMENT RESOLUTION NO. PC2004-34 RECLASSIFICATION RESOLUTION NO. PC2004-35 CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-36 Approved Recommended adoption of Exhibit "A° to City Council Granted Approved Granted Approved sr3064ey.doc Chairperson Vanderbilt opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 2, General Pfan Amendment No. 2004-00417, • Rezoning and Conditional Use Permit No. 2004-04831 with waivers and Tentative Tract Map No. 16650 for property located at 736 South Beach Boulevard and 2966 West Stonybrook Drive. 04-05-04 Page 8 APRIL 5, 2004 PLANNING COMMISSION MINUTES • ApplicanYs Testimony: Lucille Kring, 1619 W. Lorane Way, Anaheim, CA, stated that the waivers were needed because of the limited space, 0.64-acre property. The subject project meets and/or exceeds the standards needed for the project. John Ward commended staff for their excellent service in assisting them with their project. Commissioner Eastman stated concern with clarification of the elevation plans. Mr. McCafferty stated that in the conditions (Staff Report dated April 5, 2004, page 11, Item No. 2), in addition to having the requirement for the final landscape plan, item 1(c) also has requirements for clinging vines on the boundary walls. Linda Johnson, Principal Planner, stated there would be an elaborate landscape plan going back to the Planning Department, and the applicants would be responsible for the removal of any graffiti within 24 hours. The public hearing was closed. OPPOSITION: None • ACTION: Approved CEQA Negative Declaration Recommended City Council approval of General Plan Amendment No. 2004-00417 (to redesignate this property from the General Commercial and Medium Density Residential designations to the Low-Medium Density Residential designation) by adopting Exhibit "A". Granted Reclassification No. 2004-00115 (to reclassify this property from the RS-A- 43,000 and RM-1200 zones to the RM-3000 zone), subject to the conditions of approval as stated in the staff report dated April 5, 2004. Approved Waiver of Code Requirement Granted Conditional Use Permit No. 2004-04831 (to construct a residential 7-unit detached one-family residential condominium subdivision), subject to the conditions of approval as stated in the staff report dated April 5, 2004, with the following modifications: Modified Condition No. 15 to read as follows: 15. That prior to issuance of a grading permit, the property owner shall be required to implement appropriate Best Management Practices (BMPs) as specified in the Orange County Drainage Area Management Plan (DAMP) ~~; and as required by the Public Works Department, Development Services Division. The selected BMPs shall be implemented and maintained to minimize the introduction of pollutants from entering the City of Anaheim stormwater drainage system. • 04-05-04 Page 9 APRIL 5, 2004 PLANNING COMMISSION MINUTES • Approved Tentative Tract Map No. 16650 (to estabiish a 1-lot, 7-unit detached residential airspace condominium subdivision), subject to the conditions of approval as stated in the staff report dated April 5, 2004, with the following modifications: Modified and Renumbered Condition No. 10; Renumbered Condition No. 11 to read as follows: 11. That prior to final tract map approval, Condition Nos.1, 2, 3, 5, 6, 7, 8, 9 and 10, above-mentioned, shall be complied with. 12. That approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Added the following condition of approval to read as follows: 10. That the developer shall pay the sewer capacity mitigation fee for the combined West Anaheim Area, Zone A Area. The mitigation fee is currently $199 per unit for single-family developments. VOTE: 5-0 (Commissioners Buffa and Flores absent) Selma Mann, Assistant City Attorney, presented the 10-day appeal rights for the Tentative Tract Map ending at 5:00 p.m. on Tuesday, April 15, 2004; and the 22-day appeal rights for the Reclassification, • Waiver of Code Requirement and Conditional Use Permit ending at 5:00 p.m. on Tuesday, April 27, 2004; and stated the General Plan Amendment would be set for a public hearing before the City Council. DISCUSSION TIME: 20 minutes (2:09-2:29) • 04-05-04 Page 10 APRIL 5, 2004 PLANNING COMMISSION MINUTES ~ 3a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 3b. CONDITIONAL USE PERMIT NO. 3265 (7RACKING NO. CUP2004-04835) OWNER: International Church of God, 1250 North Red Gum Street, Anaheim, CA 92806 AGENT: Rick Dana, The Cornerstone Church, 1250 North Red Gum Street, Anaheim, CA 92806 LOCATION: 1250 North Red Gum Street. Property is approximately 1.06 acres, having a frontage of 155 feet on the east side of Red Gum Street, located 500 feet south of the centerline of Miraloma Avenue (The Cornerstone Church). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on October 25, 1999 to expire April 9, 2004) to retain an existing church and to modify the hours of operation. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-37 Approved Approved reinstatement for 5 years (to expire on April 5, 2009) sr508Tjr.doc Chairperson Vanderbilt opened the public hearing. • Greg McCafferty, Principal Planner, introduced Item No. 3, Conditional Use Permit No. 3265 (Tracking No. CUP2004-04835). ApplicanYs Testimony: Pastor Rick Danna, 1250 North Red Gum Street, Anaheim, CA, representative of the Cornerstone Church, requested approval to retain the church, delete the condition of approval pertaining to a time limitation, and to modify the hours of operation. The public hearing was closed. OPPOSITION: None ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioners Buffa and Flores absent), 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. Approved the request for reinstatement of Conditional Use Permit No. 3265 (Tracking No. CUP2004-04835) and adoption of the resolution attached to the staff report dated April 5, 2004, including the findings and conditions contained therein, with the following modifications: Modified Condition No. 1 to read as follows: • 1. That the church services/activities shall be limited from 7 a.m. until 11 p.m. Saturdays and Sundays and after 6 p.m. Monday through Friday; and that between 04-05-04 Page 11 APRIL 5, 2004 PLANNING COMMISSION MINUTES • the hours of 6 a.m. and 6 p.m. Monday through Friday, the church shall be limited to office staff and small gatherings of no more than 80 people. Added the following condition of approval to read as follows. That this permit shall expire on April 5, 2009. VOTE: 5-0 (Commissioners Buffa and Flores absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, April 27, 2004. DISCUSSION TIME: 13 minutes (2:30-2:43) • u 04-05-04 Page 12 APRIL 5, 2004 PLANNING COMMISSION MINUTES • 4a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 4b. CONDITIONAL USE PERMtT NO. 4111 (TRACKING NO. CUP2004-04830) OWNER: Sanggu Lee, Korean Buddhist Temple of Jung Hye, 2780 West Lincoln Avenue, Anaheim, CA 92801 LOCATION: 2780 West Lincoln Avenue. Property is approximately 0.51-acre, having a frontage of 100 feet on the south side of Lincoln Avenue, located 245 feet east of the centerline of Dale Avenue (Korea Buddhist Temple of Jung Hye). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on April 26, 1999 to expire April 26, 2004) to retain a Buddhist tempie and caretaker's residence and fo delete the requirement to construct a trash enclosure. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-38 • Chairperson Vanderbilt opened the public hearing. Approved Approved reinstatement with deletion of time limitation sr5089jr.doc Greg McCafferty, Principal Planner, introduced Item No. 4, Conditional Use Permit No. 4111 (Tracking No. CUP2004-04830). Applicant's Testimony: Sanggu Lee, 2780 West Lincoln Avenue, Anaheim, CA, Abbot of the Korea Buddhist Temple of Jung Hye, requested approval to retain a Buddhist temple and caretaker's residence, and to delete the requirement to construct a trash enclosure. The public hearing was closed. ~]~R~~4vi-[eitiyeE.YU~~uPi-e~:at~]a~:~a~A~~-i-ii-[eiK~~Pi~-4~FCf•7[~7-~e~•i~[~l- OPPOSITION; None ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED (Commissioners Buffa and Flores absent), 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. Approved the request for reinstatement of Conditional Use Permit No. 4111 (Tracking No. CUP2004-04830) and adoption of the resolution attached to the staff report dated April 5, 2004, including the findings and conditions contained therein, without a time limitation. • VOTE: 5-0 (Commissioners Buffa and Flores absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, April 27, 2004. 04-05-04 Page 13 APRIL 5, 2004 PLANNING COMMISSION MINUTES • DISCUSSION TIME: 5 minutes (2:44-2:45) trailed (3:39-3:43) This item was trailed in order for the applicant to review the staff report, Item No. 6 was then heard. ~, ~, ~, ~, , ~ , ~, ~, ~, ~, ~, ~, ~, ~, ~ , ~ ~ ~, ~, ~, ~ , ~, ~, ~, ~, ~ , ~ , . ~, ~ ~ ~ , ~ , ~ ~ ~ , ~ , ~ , ~, ~ , ~, ~ ~ ~, ~, ~, ~, ~, ~, ~, ~ , ~, ~ , ~ , ~, ~, ~, ~, ~, ~, ~, ~, ~, ~, ~ , ~, ~, ~, ~, ~, ~, ~, ~, ~ ~ ~ Item No. 9 was heard following action of this item. (3:44 p.m.) ~ C ~ 04-05-04 Page 14 APRIL 5, 2004 PLANNING COMMISSION MINUTES ~ 5a. CEQA NEGA7IVE DECLARA710N (PREVIOUSLY-APPROVED) Continued to 5b. WAIVER OF CODE REQUIREMENT April 19, 2004 5c. CONDITIONAL USE PERMIT NO. 3876 (TRACKING NO. CUP2004-04836) OWNER: Julio Vivas, Unitarian Church of Orange, 511 South Harbor Boulevard, Anaheim, CA 92905 AGENT: Susan Secoy, Secoy Architects, 112 East Chapman Avenue, Suite E, Orange, CA 92866 LOCATION: 511 South Harbor Boulevard. Property is approximately 0.5-acre, located at the southwest corner of Santa Ana Street and Harbor Boulevard (Unitarian Church of Orange County). Request to amend exhibits for a previously-approved church to construct accessory Sunday schooi classrooms with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. sr8723av.doc ~ OPPOSITION: None ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioners Buffa and Flores absent), to continue the subject request to the April 19, 2004, Planning Commission meeting as requested by the project applicant in order to complete a parking justification letter to be reviewed by the City Traffic and Transportation Manager. VOTE: 5-0 (Commissioners Buffa and Flores absent) DISCUSSION TIME: This item was not discussed. • 04-05-04 Page 15 APRIL 5, 2004 PLANNING COMMISSION MINUTES • ~ ~ 6a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Continued to 6b. CONDITIONAL USE PERMIT NO. 2004-04837 May 17, 2004 OWNER: Paul Chiavatti, 1340 West Pearl Street, Suite A, Anaheim, CA 92801 LOCATION: 1310 West Pearl Street. Property is approximately 0.21-acre, having a frontage of 65 feet on the south side of Pearl Street, located 565 feet west of the centerline of Carleton Avenue. Request to permit a residential group care facility for up to twenty-four (24) residents recovering from chemical dependency. CONDITIONAL USE PERMIT RESOLUTION NO. sr3065ey.doc Chairperson Vanderbilt opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 6, Conditional Use Permit No. 2004-04837. ApplicanYs Testimony: Paul Chiavatti, 1340 West Pearl Street, Suite A, Anaheim, CA, requested to permit a residential group care facility for up to 24 residents recovering from chemical dependency. Public Testimony: Santos Canton, Arleene Richardson, Kelly Richardson, Seferino Garcia, Judith A. Serafini, Diane Summers-Tenaberg, Lupe Ojeda, and Michael Summers, homeowners and concerned citizens of the neighborhood, spoke in opposition of the project due to security issues; inefficient parking; the close proximity of the group home to schools and the neighborhood children and women; and the magnitude of similar facilities within the same area. Also, due to their tedious efforts and repeated calls to the police, to rid their neighborhood of gangs, drug dealers, vandals, and thieves. Charles Aldridge spoke on behalf of the Expedition House and stated that the community has been cleaned up because of Mr. Chiavatti; he finds the facility to be very helpful to a lot of the individuals that go through the house; and when he lived at the facility, he never saw any sober home residents visit the area in the neighborhood with the excessive crimes. Mr. McCafferty recommended a continuance to May 17, 2004. Applicant's Response: Mr. Chiavatti responded they do drug tests randomly; he came into the community and put in fences, including property he does not own; purchased buildings that were drug infested; evicted the drug dealers; and converted the buildings into sober homes. Under the proposed project, the people in sober living would move out and the people interested in drug rehabilitation would move in. The people he assists do not cause trouble in the neighborhood; they are people who pay their own rent, go to work, come home and go to AA (Alcoholic Anonymous) and/or NA (Narcotic Anonymous) meetings. Chairperson Vanderbilt stated the public hearing would remain open until the Planning Commission Meeting of May 17, 2004. 04-05-04 Page 16 APRIL 5, 2004 PLANNING COMMISSION MINUTES ~ • • ~ •- • ~ • • ~ • OPPOSITION: 8 people spoke in opposition to the subject request. IN SUPPORT: A person spoke in favor of the subject request. ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED (Commissioners Buffa and Flores absent), to continue the subject request to the May 17, 2004, Planning Commission meeting in order for staff to arrange a meeting with the Community Policing Team that services this area, and to provide the information to Commission; and based on the testimony presented at today's meeting, staff's recommendation may change. VOTE: 5-0 (Commissioners Buffa and Flores absent) DISCUSSION TIME: 52 minutes (2:46-3:38) u • Item No. 4 was heard following the subject item. 04-05-04 Page 17 APRIL 5, 2004 PLANNING COMMISSION MINUTES • 7a. CEQA NEGATIVE DECLARATION Continued to 7b. GENERAL PLAN AMENDMENT NO. 2004-00418 April 19, 2004 7c. RECLASSIFICATION NO. 2004-00116 7d. VARIANCE NO. 2004-04601 7e. TENTATIVE PARCEL MAP NO. 2004-127 OWNER: Frank T. Minissale, 111 South Mohler Drive, Anaheim, CA 92808 AGENT: Duane Stout, 1316 Candlewood Street, Anaheim, CA 92805 LOCATION: 111 Mohier Drive. Property is approximately 1.5 acres, located at the southwest corner of Santa Ana Canyon Road and Mohler Drive. General Plan Amendment No. 2004-00418 - Request to amend the Land Use Element Map of the General Plan redesignating the property from the Hillside Estate Density Residential designation to the Hiliside Low Density Residential designation. Reclassification No. 2004-00116 - Request reclassification of the property from the RS-A-43,000 (SC) (Residential/Agricultural; Scenic Corridor Overlay) zone to the RS-HS-22,000 (SC) (Residential, Single- Family - Hillside; Scenic Corridor Overlay) or a less intense zone. • Variance No. 2004-04601 - Request waivers of: (a) minimum lot depth adjacent to a scenic expressway, and (b) minimum tot area to construct 3 detached single-family homes. Tentative Parcel Map No. 2004-127 - Request to establish a 3-lot, 3-unit detached single-family subdivision. GENERAL PLAN AMENDMENT RESOLUTION NO. RECLASSIFICATION RESOLUTION NO. VARIANCE RESOLUTION NO. sr1147cw.doc OPPOSITION: None ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioners Buffa and Flores absent), to continue the subject request to the April 19, 2004, Planning Commission meeting as requested by the agent for the property owner in order to submit a Preliminary Water Quality Management Plan, for review by the Public Works Department, Development Services Division. VOTE: 5-0 (Commissioners Buffa and Flores absent) • DISCUSSION TIME: This item was not discussed. 04-05-04 Page 18 APRIL 5, 2004 PLANNING COMMISSION MINUTES • 8a. CEQA NEGATIVE DECLARATION 8b. WAIVER OF CODE REQUIREMENT 8c. CONDITIONAL USE PERMIT NO. 2004-04838 OWNER: Mahesh Vyas, NNRSVII Limited Partnership, 5005 Hidden Glen Lane, Yorba Linda, CA 92887 AGENT: Neru Patel, 6220 Gossen Street, Simi Valley, CA 93063 LOCATION: 8245 and 8295 East Monte Vista Road. Property is approximately 1.74 acres, bounded by Weir Canyon Road, Monte Vista Road and Old Springs Road, having frontages of 108 feet on the west side of Weir Canyon Road, 500 feet on the north side of Monte Vista Road and 170 feet on the east side of Old Springs Road. Request to construct a four (4) unit commercial retail center and a two- story medical office building, including roof-mounted equipment, with waivers of: (a) permitted commercial identification in the Scenic Corridor Overlay Zone, (b) minimum number of parking spaces and (c) minimum setback adjacent to a scenic expressway. CONDITIONAL USE PERMITRESOLUTION NO. • OPPOSITION: None Continued to April 19, 2004 sr3066a_ey.doc ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioners Buffa and Flores absent), to continue the subject request to the April 19, 2004, Planning Commission meeting as requested by the property owner. VOTE: 5-0 (Commissioners Buffa and Flores absent) DISCUSSION TIME: This item was not discussed. • 04-05-04 Page 19 APRIL 5, 2004 PLANNING COMMISSION MINUTES • 9a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 9b. DETERMINATION OF SUBSTANTIAL CONFORMANCE 9c. CONDITIONAL USE PERMIT NO. 4033 (TRACKING NO. CUP2004-04840) OWNER: The Garden Church, 8712 East Santa Ana Canyon Road, Anaheim, CA 92808 AGENT: Terry Jacobson, 3111 Second Avenue # 3, Corona Dei Mar, CA 92625 LOCATION: 8712 East Santa Ana Canvon Road. Property is approximately 37.07 acres*, having a frontage of 155 feet on the south side of Santa Ana Canyon Road, located 3,759 feet west of the centerline of Gypsum Canyon Road (Kindred Community Church). "`Advertised as 65.81 acres. Request to permit roof-mounted equipment in conjunction with an expansion of an existing multi-purpose building and to determine substantial conformance with previously-approved exhibits for an existing church and to amend or delete a condition of approval pertaining to a time limitation for four (4) existing modular buildings and to further allow the establishment of four (4) additional modular buiidings for accessory church activities and to modify hours of operation. r \ J CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-39 Chairperson Vanderbilt opened the public hearing. Approved Determined to be in substantial conformance Approved the request to amend conditions of approval. (The portion of the request to permit roof-mounted equipment was withdrawn.) (Approved request pertaining to modular buildings for 10 years or until permanent facilities are built.) sr5088jr.doc Greg McCafferty, Principal Planner, introduced Item No. 9, Conditional Use Permit No. 4033 (Tracking No. CUP2004-04840). ApplicanYs Testimony: Chuck Obremski, 8712 Santa Ana Canyon Road, Anaheim, CA, Pastor of the Kindred Community Church and Chaplain for the Anaheim Angels and the Mighty Ducks, submitted a request to determine substantial conformance with previously-approved exhibits for an existing church and to amend or delete a condition of approval pertaining to a time limitation for four (4) existing modular buildings, and to further allow the establishment of four (4) additional modular buildings for accessory church activities and modify hours of operation. Terry Jacobson, 3111 Second Ave., #3, Corona, Del Mar, CA, stated they reviewed the staff report and were willing to abide by the conditions. The public hearing was closed. OPPOSITION: None 04-05-04 Page 20 APRIL 5, 2004 PLANNING COMMISSION MINUTES • ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioners Buffa and Flores absent), 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 Bostwick offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioners Buffa and Flores absent), that the Anaheim City Planning Commission does hereby determine that the amended exhibits (Revision No. 2 of Exhibit No. 1 and Exhibit Nos. 12-15) are in substantial conformance with the original approval of Conditional Use Permit No. 4033. Approved request to amend Conditional Use Permit 4033 (Tracking No. CUP2004- 04840) to amend a condition of approval pertaining to a time limitation for four (4) existing modular buildings, and to further allow the establishment of four (4) additional modular buildings for accessory church activities for a period of ten (10) years or until permanent facilities are built, whichever occurs first, and to modify a condition of approval pertaining to hours of operation. (The portion of the request to permit roof- mounted equipment was withdrawn.) Incorporated conditions of approval contained in Resolution No. PC98-98 into a new resolution which includes the following conditions of approval (Condition No. 13 was modified at today's meeting): 1. That within a period of ten (10) years from the date of this resolution, the modular buildings (except for the dressing room and restroom located adjacent to the outdoor chapel at the western portion of the property) shall be removed from this • property. In the event that permanent facilities to replace the modular buildings are built during the ten (10) year period, the temporary modulars shall be removed within sixty (60) days of the occupancy of the permanent facilities. 2. That all outdoor church activities shall not begin before 9 a.m. and shall end before dusk or by 8 p.m., whichever is later, except on religious holidays (not to exceed ten (10) days per calendar year). 3. That no outdoor amplified sound systems shall be installed on the subject property, and that all outdoor events shall comply with the requirements of Chapter 6.70 "Sound Pressure Levels" of the Anaheim Municipal Code. 4. That prior to issuance of any Special Events Permit for outdoor activity on this property, the petitioner shall obtain a Special Circumstance Waiver from the Zoning Administrator. 5. That trash storage area(s) shall be provided and maintained in locations acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as clinging vines or tall shrubbery. 6. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. • 7. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to the Engineering Standard Plan No. 609 04-05-04 Page 21 APRIL 5, 2004 PLANNING COMMISSION MINUTES ~ and shali be subject to review and approval by the City Traffic and Transportation Manager prior to issuance of a building permit. 8. That if necessary, the legal property owner shall provide the City of Anaheim with a public utilities easement along/across high and low voltage lines crossing the private property, and around all pad-mounted transformers, switches, capacitors. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 9. That the legal property owner shall be required to pay for an underground line extension to the nearest electrical source that has the capacity to serve the loads of this project. Any required relocation of City electrical facilities shall be at the property owner's expense. Landscape and hardscape screening of all pad-mounted equipment shall be required and outside the easement area of the equipment. 10. That all air conditioning facilities and all other ground mounted equipment shall be fully shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. No roof mounted equipment shall be permitted. 11. That lighting of signage for subject property shall be prohibited between the hours of midnight and 6:30 a.m. as specified by Zoning Code Section 18.05.091.052, unless a variance is applied for and granted. All new signage visible from off-site shall be subject to review and approval of the Planning Commission as a"Reports and Recommendations" agenda item. 12. That no outdoor lighting for the parking lot, driveways, athletic fields or buildings ~ shall be installed prior to a review and approval of a comprehensive lighting plan by the Planning Commission as a"Reports and Recommendations" agenda item. That any future light fixtures shall be down-lighted and directed away from adjacent residential property lines to protect the residential integrity of the area and shall be so-specified on the plans submitted for permits. 13. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 2 of Exhibit No. 1 and Exhibit Nos. 2 through 15, and as conditioned herein. m~+e~r~i~l cM~ll he 1ile~ ~nrl 4h~4 ~n~i nv+eni~r ~ir i.~r~iJi~i~nir~iv ~~r~i~ cl~~ll hn ~..~.. ~..~... .~.. ...~ ~...~. ~..~.. ~. ., ~'_'_.._. ~..• ~~..~..'•_--• •~ •••' _..~.. ~_ 14. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 5, 6, 7, 8, 9 and 10, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 15. That prior to final building and zoning inspections, Condition No. 13, above-mentioned, shall be complied with. 16. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. ~ VOTE: 5-0 (Commissioners Buffa and Flores absent) 04-05-04 Page 22 APRIL 5, 2004 PLANNING COMMISSION MINUTES ~ Selma Mann, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, April 27, 2004. DISCUSSION TIME: 4 minutes (3:44-3:48) MEETING ADJOURNED AT 3:50 P.M. TO MONDAY, APRIL 19, 2004 AT 9:00 A.M. FOR PRELIMINARY PLAN REVIEW. • ~ Respectfully submitted: ~~ Pat Chandler Senior Secretary Received and approved by the Planning Commission on , 2004 . 04-05-04 Page 23