Minutes-PC 2004/06/14 (2)•
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CITY OF ANAHElM
PLANNING COMMISSION MINUTES
MONDAY, JUNE 14, 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, DAVID ROMERO
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COMMISSIONERS ABSENT: N~N~~E - ~~~~ ~„A.w. ~~ ~ ~ ``~~~
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STAFF PRESENT: ~~'~
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Selma Mann, Assistant~Cit~r=Att~
Greg Hastings, Zonin~~iisioi~
Greg McCafferty, Pr~n~ci~al Plan
Brad Hobson, De~~i~y D~~ctor~
Mark Asturias, Re~cte,~~ Prop~ei
Della Herrick, Asso~;iate~ P~~nn~
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PLEDGE OF ALLEGIANCE: Commissioner O',Connefl ~_ _ j
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PUBLIC COMMENTS
CONSENT CALENDAR
PUBLIC HEARING ITEMS
ADJOURNMENT
~ H:\DOCS\CLERICAL\MINUTES~AC061404.DOC lannin commission anaheim.net
JUNE 14, 2004
PLANNING COMMISSION MINUTES
• RECONVENE TO PUBLIC HEARING AT 1:30 P.M.
ITEMS OF PUBLIC INTEREST:
Chairperson Vanderbilt-Linares read a resolution of appreciation from the Planning Commission to
Commissioner Bostwick as a commemoration of 9 years of service to the Planning Commission.
Additionally, the current Commissioners as well as former Commissioner Bristol stated farewell with
words of appreciation and praise.
Commissioner Bostwick thanked his colleagues for their kind words and stated that it has been an honor
to be of service to the City of Anaheim and that 9 years seemed like "yesterda~'.
PUBLIC COMMENTS:
Robert Morse, 7020 E. Blackbird Lane, Anaheim Hilis, CA, stated concern that there are five fully
improved four-lane roads leading into Anaheim Hills; Anaheim Hills Road, Canyon Rim Road, Serrano
Weir Canyon Road and Nohl Ranch Road, and then there is Fairmont Boulevard which is a"hodgepodge"
of two lanes, three lanes, four lanes with abrupt changes from one to the other - an accident waiting to
happen. He asked if there is widening of the road in the improvement plan for the future.
Alfred Yalda, Principal Transportation Manager, responded that the stretch is designated as a secondary
highway in the General Plan Element and currently there is no widening scheduled on the capital
improvement plan for the next 7 years.
Commissioner Bostwick suggested that the applicant has the option of obtaining a petition from the
• neighbors and the property owners along Fairmont Circle and forwarding it to the City Council.
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 Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED,
for approval of Consent Calendar Items (1-A and 1-D) as recommended by staff. Consent Calendar Item
(1-B) was removed from the Consent Calendar for separate discussion. UNANIMOUSLY APPROVED
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JUNE 14, 2004
PLANNING COMMISSION MINUTES
• 1. REPORTS AND RECOMMENDATIONS
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A. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)
(b) CONDITIONAL USE PERMIT NO. 2002-04641
(TRACKING NO. CUP2004-04853)
Tait and Associates, 9089 Claremont Mesa Boulevard #300, San
Diego, CA 92123, requests a retroactive extension of time (approved
March 18, 2003, expired March 18, 2004) to comply with conditions of
approval for a previously-approved service station with accessory car
wash and convenience market with the sales of beer and wine for off-
premises consumption. Property is located at 1201 South Brookhurst
Street (Arco AM/PM Service Station).
ACTION: Commissioner Bostwick offered a motion, seconded by
Commissioner Eastman 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 Bostwick offered a motion, seconded by Commissioner
Eastman and MOTION CARRIED, 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) That this is the first request for a time extension and Code permits a
maximum of two requests for a time extension to comply with
conditions of approval,
(ii) That subsequent to the Notices of Violation issued by the Code
Enforcement Division, the property has been properly maintained
and that there are no outstanding complaints or violations.
(iii) That there have been no changes to the Anaheim General Plan or
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.
(iv) That there is no information or changed circumstances which
contradict the facts necessary to support the required findings for
approval of Conditional Use Permit No. 2002-04641.
Approved
Approved retroactive
extension of time for one
year (to expire on
March 18, 2005)
(Vote: 7-0)
sr8737gk.doc
06-14-04
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JUNE 14, 2004
PLANNING COMMISSION MINUTES
• B. (a) _C_EQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)
(b) CONDITIONAL USE PERMIT NO. 3262
(TRACKING NO. CUP2004-04869)
Neru Patel, 6220 Gossen Street, Simi Valley, CA 92887, requests
Planning Commission Review and approval of final elevations and
landscape plans for a 4-unit commercial retail center and two-story
medical office building. Properties are located at 8245 and 8295 East
Monte Vista Road.
(This item was removed from the Consent Calendar for separate
discussion.)
Approved
Approved final elevation
and landscape plans
(Vote: 7-0)
sr3073ey.doc
Chairperson Vanderbilt-Linares called to recognition, Item No. 1-B, for separate discussion.
Greg McCafferty, Principal Planner, introduced Item No. 1-B.
Commissioner Romero stated that he met with the applicant and also the architect initially concerned with
the plans and he commended staff, the applicant and the architect for all of their hard work in making it fit
in nicely with the neighborhood and on the great looking landscaping.
ACTION: Commissioner Romero offered a motion, seconded by Commissioner Eastman 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 Romero offered a motion, seconded by Commissioner Eastman and MOTION CARRIED,
that the Anaheim City Planning Commission does hereby approve the final elevation and landscape plans
as proposed and recommended by staff.
DISCUSSION TIME: 2 minutes (2:01-2:03)
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JUNE 14, 2004
PLANNING COMMISSION MINUTES
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C. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)
(b) VARIANCE NO. 2003-04558
(TRACKING NO. VAR2004-04610)
Joe Richter, John Laing Homes, 895 Dove Street, Suite 110, Newport
Beach, CA 92660, requests review and approval of final building
elevation plans, colors and materials. Properties are located at 501-
541 South Anaheim Boulevard and 100-142 West Santa Ana Street
(The Boulevard).
ACTION: Commissioner Bostwick offered a motion, seconded by
Commissioner Eastman and MOTION CARRIED, to continue the subject
request to the June 28, 2004, Planning Commission meeting as requested by
staff.
Continued to
June 28, 2004
(Vote: 7-0)
sr1162cw.doc
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PLANNING COMMISSION MINUTES
• D. Receiving and approving the Minutes from the Planning Commission Approved
Meeting of June 2, 2004. (Motion)
ACTION: Commissioner Bostwick offered a motion, seconded by (Vote: 7-0)
Commissioner Eastman and MOTION CARRIED, that the Anaheim City
Planning Commission does hereby receive and approve the minutes for the
Planning Commission meeting of June 2, 2004.
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PLANNING COMMISSION MINUTES
• PUBLIC HEARING ITEMS:
2a. CEQA NEGATIVE DECLARATION Approved
2b. VARIANCE NO. 2004-04607 (READVERTISED) Granted, in part
2c. TENTATIVE TRACT MAP NO. 16683 Approved
OWNER: Elisa Stipkovich, Anaheim Redevelopment Agency, 201
South Anaheim Boulevard, Anaheim, CA 92805
AGENT: Cheryl Stump, Brookfield Homes, 3090 Bristol Street, Suite
200, Costa Mesa, CA 92626
LOCATION: 3119 - 3165 West Lincoln Avenue. Property is
approximately 2.5 acres, having a frontage of 753 feet on
the north side of Lincoln Avenue, lacated 285 feet east of
the centerline of Western Avenue (Presidential Tract).
Variance No. 2004-04607 - Request waivers of (a) minimum front yard
setback adjacent to an arterial highway, (b) required improvement of
public right-of-way, (c) minimum number, type, and design of off-street
parking spaces, (d) maximum structural height within 150 feet of a single-
family residential zone, and (e) minimum distance between buildings, to
construct an "affordable", 1-lot, 28-unit attached condominium complex
with a density bonus.*
*Waiver (d) has been deleted.
• 7entative Tract Map No. 16683 - Request to establish an "affordable" 1-
lot, 28-unit airspace attached residential condominium subdivision with a
density bonus.*
*The density bonus request has been deleted.
Continued from the May 17 and June 2, 2004, Planning Commission
Meetings.
VARIANCE RESOLUTION NO. PC2004-63 sr2156ds.doc
Chairperson Vanderbilt-Linares opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 2, and suggested modifications to Condition No.
8- street improvements, and stated a cash payment would be requested from the applicant in lieu of the
street widening at a price determined by City Engineering; and Condition No. 9- relocation of utility poles
and cable lines.
ApplicanYs Testimony:
Cheryl Stump, Project Manager with Brookfield Homes, stated they are proposing 28 attached town home
units on the site, of which eight units would be designated as affordable. Improvements would include the
construction of new sidewalks the relocation of a catch basin and the installation of streetlights and street
trees. She requested confirmation and clarification on who would maintain the existing storm drain
. located on site.
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JUNE 14, 2004
PLANNING COMMISSION MINUTES
• James Ling, Associate Civil Engineer, stated that the City would be abandoning the existing public
drainage easement currently on site and relocating it so that it would not conflict with the building.
However it did not apply to the private storm drains that were going to be located on site to connect into
the public drain line.
Public Testimony:
Esther Wallace, 604 Scott Lane, Anaheim, CA, representing WAND (West Anaheim Neighborhood
Development) stated that in West Anaheim they have been very pleased with the builder and are happy
to have such a nice plan put into effect.
THE PUBLIC HEARING WAS CLOSED.
Commissioner Buffa stated that Condition No. 8 previously dealt with the trash storage areas but had
been modified to state the construction improvements of Lincoln Avenue and she wished clarification on
what would happen regarding trash storage areas with the deletion of Condition No 8.
Mr. Ling responded that it is part of the decision letter for the tracts and there are separate resolutions
and separate conditions. Additionally, he clarified that the cash payment would be based on the
construction quantities and the unit prices determined to widen Lincoln Avenue in the future.
OPPOSITION: None
IN SUPPORT: A person representing West Anaheim Neighborhood Development Council (WAND)
spoke in favor of the subject request.
•
ACTION: Approved CEQA Negative Declaration
Granted, in part, Variance No. 2004-04607 (to construct an "affordable" 1-lot, 28-unit
attached condominium complex) by approving waivers pertaining to (a) minimum front
yard setback adjacent to an arterial highway, (b) required improvement of the public
right-of-way, (c) minimum number, type, and design of off-street parking spaces, and (e)
minimum distance between buildings; and denying waiver (d) pertaining to maximum
structural height within 150 feet of a single-family residential zone since it has been
deleted subsequent to advertisement; and adoption of the resolution attached to the
staff report dated June 14, 2004, including the findings and conditions contained therein.
Approved Tentative Tract Map No. 16683 (to establish an "affordable", 1-lot, 28-unit
airspace attached condominium subdivision) and adoption of the motion excerpt
attached to the staff report dated June 14, 2004, including the findings and conditions
contained therein, with the following modifications.
Modified Condition Nos. 8 and 9 to read as follows:
8. That the applicant shall submit ~ee~improvement plans to the Public Works
Department, Subdivision Section to va+~er~ improve Lincoln Avenue per Public
Works Standard Detail 160 and the Lincoln Avenue Master Corridor Study. The
applicant shall also install street trees, tree wells and irrigation along Lincoln Avenue.
Irrigation shall be tied into the on-site system and maintained by the property owner.
No additional s~~ee~ right-of-way dedication is required. The applicant shall make
• a cash payment in lieu of the street widening in an amount determined by the
City Engineer (to be the estimated construction cost to widen Lincoln
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JUNE 14, 2004
PLANNING COMMISSION MINUTES
• Avenue). The applicant shall receive credit for improvements constructed in
their ultimate location. A Right of Way Construction Permit shall be obtained from
the Development Services Division for all work perFormed in the right of way. A bond
shail be posted in an amount approved by the City Engineer and a form approved by
the City Attorney prior to approval of the final map. The improvements shall be
constructed prior to certificate of occupancy.
9. That the applicant shall submit a written request to the Public Works Department,
Subdivision Section to petition SBC to relocate the
~ewer~utility poles (6 total) and cable lines along the projecYs frontage on Lincoln
Avenue.
VOTE: 7-0
Selma Mann, Assistant City Attorney, presented the 10-day appeal rights for the Tentative Tract Map and
the 22-day appeal rights for the Variance.
DISCUSSION TIME: 14 minutes (2:04-2:18)
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JUNE 14, 2004
PLANNING COMMISSION MINUTES
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3a. CEQA MITIGATED NEGATIVE DECLARATION Approved
3b. WAIVER OF CODE REQUIREMENT Approved
3c. CONDITIONAL USE PERMIT NO. 2004-04848 Granted
OWNER: T. White, LLC & Dartbrook, 18800 Von Karmen, Suite 100,
Irvine, CA 92612
LOCATION: 1585 South Manchester Avenue. Property is
approximately 4.293-acres, having a frontage of
approximately 187 feet on the west side of Manchester
Avenue, a maximum depth of approximately 981 feet,
located 716 feet north of the centerline of Disney Way.
Request to permit office uses in an existing legal nonconforming industrial
building to include 55,176 square feet of office uses for the Department of
Immigration and Naturalization Services in addition to retaining 12,664
square feet of warehouse/manufacturing area with waiver of minimum
number of parking spaces.
Continued from the June 2, 2004, Planning Commission Meeting.
CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-64 sr8728dh(b).doc
Chairperson Vanderbilt-Linares opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 3.
ApplicanYs Testimony:
Mike Hefner, Voit Commercial Brokerage, 3500 W. Orangewood, Orange, CA, stated that he was present
with members of the ownership and they were also present during the morning session and listened to
questions raised regarding parking; the employee smoking area; and the gate access to the rear parking
area. The employee parking is primarily in the rear of the building. The gate could either be removed
entirely or remained open during business hours for traffic circulation to and from the back of the site.
The front of the building would primarily be intended for visitor parking. A designated smoking area would
be located outside of the building.
THE PUBLIC HEARING WAS CLOSED.
Commissioner Romero asked how it couid be certain that all uses would remain indoors.
Mr. Hefner responded a staging area or lobby had been designed to receive all visitors to the property.
Additionally, it would be an appointment only facility and if they were not previously arranged
appointments they would be turned away at the door; it has been made very clear to INS (Immigration
and Naturalization Services) that they operate the facility with all personnel and visitors inside the building
at all times; and a security screening facility would be located inside the lobby and directed into one of
two waiting rooms.
Commissioner Eastman offered a suggestion on the creation of the smoking area for the employees to be
located in the back of the building so that it would not create the atmosphere that it was a place for people
to wait outside.
FOLLOWING IS A SUMMARY OF THE PLANNWG COMMISSION ACTION. ~
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JUNE 14, 2004
PLANNING COMMISSION MINUTES
• OPPOSITION: None
ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Eastman and
MOTION CARRIED, that the Anaheim City Planning Commission does hereby approve
the Mitigated Negat+ve Declaration (with Mitigation Monitoring Plan No. 066) as being
adequate to serve as the required environmental documentation for the subject request.
Approved Waiver of Code Requirement
Granted Conditional Use Permit No. 2004-04848 (to permit office uses in an existing
legal nonconforming industrial building); and adoption of the resolution attached to the
staff report dated June 14, 2004, including the findings and conditions contained therein,
with the following modifications:
Added the following condition of approval to read as follows:
That employee parking shall be located at the rear of the building and that the gate to
the rear parking lot shall remain open during business hours.
•
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VOTE: 7-0
Selma Mann, Assistant City Attorney, presented the 22-day appeal rights.
DISCUSSION TIME: 6 minutes (2:19-2:25)
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PLANNING COMMISSION MINUTES
• 4a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Continued to
4b. CONDITIONAL USE PERMIT NO. 2001-04399 June 28, 2004
(TRACKING NO. CUP2004-04850)
OWNER: Walter Shook, 3743 North Greenbrier Road, Long Beach,
CA 90808
AGEN7: Mark Lally, 731 Monroe Way, Placentia, CA 92870
LOCATION: 2920 East La Jolla Street. Property is approximately 1.12
acres, having a frontage of 155 on the south side of La
Jolla Street, located 194 feet west of the centerline of Red
Gum Street.
Request to permit an automobile sales auction in conjunction with an
existing auto body and towing facility.
Continued from the June 2, 2004, Planning Commission Meeting.
CONDITIONAL USE PERMIT RESOLUTION NO. sr8736gk.doc
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
• OPPOSITION: None
ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Flores and
MOTION CARRIED, to continue the subject request to the June 28, 2004, Planning
Commission meeting as requested by the petitioner in order to resolve compliance
issues with the original conditional use permit.
VOTE: 7-0
DISCUSSION TIME: This item was not discussed.
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PLANNING COMMISSION MINUTES
• 5a. CEQA NEGATIVE DECLARATION Continued to
5b. RECLASSIFICATION NO. 2004-00124 August 9, 2004
OWNER: Raymond Siegefe, P.O. 8ox 3284, Anaheim, CA 92803
Voit Anaheim Business, 21530 Oxnard Street, Unit B,
Woodland Hills, CA 91367-4942
Charles Atwood, 23772 Avenue 208, Lindsay, CA 93247
CP/HERS Anaheim LP, 600 Citadel Drive, Suite 100, Los
Angeles, CA 90040
Kenneth Thompson, P.O. Box 5406, Orange, CA 92863
Tomas Rodriguez, P.O. Box 8521, Anaheim, CA 92812
LOCATION; Portion A: 516 East Santa Ana Street and 501 - 547
South Atchison Street; Portion B: 500 - 558 South
Atchison Street; Portion C: 610 South Olive Street and
711 East South Street: and Portion D: 525 East South
Street
Portion A; This 10.7-acre area is located at the southeast
corner of Santa Ana Street and Olive Street with frontages
of 970 feet on the south side of Santa Ana Street and 480
feet on the east side of Olive Street (516 East Santa Ana
•
Street and 501 - 547 South Atchison Street - Kwikset site).
Portion B: This 10.3-acre area has frontages of 150 feet
on the south side of Santa Ana Street and 340 feet on the
east side of Olive Street and a maximum depth of 1,120
feet (500 - 558 South Atchison Street).
Portion C: This 10.3-acre area has frontages of 150 feet
on the north side of South Street and 340 feet on the east
side of Olive Street and a maximum depth of 1,120 feet
(610 South Olive Street and 711 East South Street).
Portion D: This 9.8-acre area is located at the northeast
corner of South Street and Olive Street with frontages of
440 feet on the east side of Olive Street and 970 feet on
the north side of South Street (525 East South Street).
City-initiated (Community Development Department) request for approval
of a reclassification of these properties as follows:
Portion A- from ML (Limited Industrial) to RM-3 (Residential, Multiple-
Family-2400) zone or less intense zone.
Portion B- from ML (Limited Industrial) to RM-4 (Residential, Multiple-
Family-1200) zone or less intense zone.
Portion C- from ML (Limited Industrial) to RM-4 (Residential, Multiple-
Family-1200) zone or {ess intense zone.
Portion D- from ML (Limited Industrial) to RM-3 (Residential, Multiple-
Family-2400) zone or less intense zone.
RECLASSIFICATION RESOLUTION NO. sr2151ds.doc
•
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JUNE 14, 2004
PLANNING COMMISSION MINUTES
• Ghairperson Vanderbilt-Linares opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 5.
Public Testimony:
Ray Siegele, 832 N. West St., Anaheim, CA, stated concern of erroneous reports that The Community
Development Department is currently in escrow and the infrastructure installation had already been
addressed,
Mark Asturias, Redevelopment/Property Senior Manager, responded the City is in escrow on what was
the former Kwikset parcel. The infrastructure issues were fully analyzed and acted upon by both the
Planning Commission and the City Council.
Christopher Spurrows, 802 S. Olive St., Anaheim, CA, stated he recently received the notice and wanted
to know how it would affect his property.
Mr. Asturias responded that it provided an opportunity to not only the City but to the property owners to
either continue using the property as it existed today or it would give the property owner the opportunity to
convert the property to a residential use in the future.
THE PUBLIC HEARING WAS CLOSED.
Commissioner Eastman asked if the Redevelopment Department could foresee continuing to move
forward with the Kwikset site and the portion south of that site even though the land between Atchinson
and the tracks was still not owned by the City.
• Mr. Asturias responded yes, the Redevelopment Agency is currently in the process of comp{eting
acquisition of a substantial portion of at least 16 acres of the site that is identified under the request.
Commissioner Bostwick stated that since the City did not own all of the property he would consider it a
"taking" of property.
Commissioner Buffa stated that she was not comfortable stating that she would vote for a zone change
without people having a better understanding of what that meant for their future and having a better sense
of how the properties would develop if in fact the City did not acquire significant portions of them.
Commissioner Flores asked if the Redevelopment Department held public hearings or if it was just to
inform.
Brad Hobson, Deputy Director of Community Development, responded all of the property owners on
Atchinson had been contacted by the Redevelopment Agency's agent at the least. The Redevelopment
Department would like to negotiate with each and every one of the property owners. The City has every
right to rezone property. They would be "grandfathered" in as industrial uses.
Commissioner Romero stated reclassification only made the property more valuable and would give the
property owners more options.
Selma Mann, Assistant City Attorney, wished to clarify the discussion regarding "taking" of a property,
which would refer to an actual taking for a public purpose without compensation. Under law, cities have
the right to initiate reclassifications otherwise there would be no opportunity to rezone and do long term
planning for cities.
•
06-14-04
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JUNE 14, 2004
PLANNING COMMISSION MINUTES
~ THE PUBLIC HEARING WAS RE-OPENED.
Mr. Siegel stated that he was not opposed to the rezoning and neither were the other property owners but
asked that the City find them a suitable piece of property that would give them the same situation and the
same privileges that they currently have. They are in downtown Anaheim and would like to remain so.
THE PUBLIC HEARING WAS CLOSED.
•
•
Commissioner Bostwick suggested a continuation to give Redevelopment time to meet with the property
owners and neighbors and come up with a better understanding of what they were doing, and to allow the
City the opportunity to present what they actually own and not property that belonged to someone else.
OPPOSITION: None
IN GENERAL: Two people spoke with questions and concerns pertaining to the subject request.
A letter of concern was received at today's meeting.
ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Buffa and
MOTION CARRIED, to continue the subject request to the August 9, 2004, Planning
Commission meeting as requested by the Commission in order to give Community
Development Department staff an opportunity to meet with affected property owners to
discuss the proposal.
VOTE: 6-1 (Commissioner Romero voted no)
DISCUSSION TIME: 39 minutes (2:26-3:05)
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JUNE 14, 2004
PLANNING COMMISSION MINUTES
• 6a. CEQA CATEGORICAL EXEMPTION - CLASS 3 Concurred with staff
6b. CONDITIONAL USE PERMIT NO. 2003-04791 Approved amendment
(TRACKING NO. CUP2004-04851) to conditions of
approval and exhibits.
OWNER: Anaheim Crossroads, LLC, Attn: Leedy Ying, 12550
Whittier Boulevard, Whittier, CA 90602
LOCATION: 1126 South Anaheim Boulevard. Property is
approximately 3.4-acres, located at the northeast corner of
Anaheim Boulevard and Ball Road.
Request to amend a condition of approval and amend exhibits to
subdivide a previously-approved tenant space into two tenant spaces
(for a total of four) within a previously-approved commercial retail center.
CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-65 sr5098jr.doc
Chairperson Vanderbilt-Linares opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 6.
Applicant's Testimony:
Marty Ying, representing the landlord, stated he had read the staff report and did not have any questions.
• THE PUBLIC HEARING WAS CLOSED.
Commissioner Flores asked if additional landscaping would be placed in the area.
Mr. Ying responded no; the onfy extra landscaping would be on the driveway along side the new building
in the planter area as previously discussed.
Mr. McCafferty stated that on the prior approval they were also required to refurbish the parking lot
landscaping and to add additional trees along the frontages, and concurred with the applicant that it is an
existing retail center that already has the landscape setbacks in place.
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
ACTION: Commissioner Flores offered a motion, seconded by Commissioner Eastman and
MOTION CARRIED, that the Anaheim City Planning Commission does hereby concur
with staff that the proposed project falls within the definition of Categorical Exemptions,
Class 3(New Construction), as defined in the California Environmental Quality Act
(CEQA) Guidelines and is, therefore, categorically exempt from the requirement to
prepare additional environmentai documentation.
Approved request to amend Conditional Use Permit No. 2003-04791 (Tracking No.
CUP2004-04851) to amend a condition of approval and amend exhibits to subdivide a
previously-approved tenant space into two tenant spaces (for a total of four) within a
• previously-approved commercial retail center and adoption of the resolution attached to
the staff report dated June 14, 2004, including the findings and conditions contained
therein.
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PLANNING COMMISSION MINUTES
• VOTE: 7-0
Selma Mann, Assistant City Attorney, presented the 22-day appeal rights.
DISCUSSION TIME: 4 minutes (3:06-3:10)
u
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PLANNING COMMISSION MINUTES
• 7a. CEQA CA7EGORICAL EXEMPTION - CLASS 1 Concurred with staff
7b. CONDITIONAL USE PERMIT NO. 2004-04854 Granted
OWNER: Paul Chiavatti, 1340 West Pearl Street, Unit A, Anaheim,
CA 92801
LOCATION: 1610 South Brookhurst Street. Property is approximately
0.16 acre, having a frontage of 63 on the east side of
Brookhurst Street, located 142 feet south of the centerline
of Harle Avenue.
Request to permit a residential group care facility with on-site counseling
for up to 13 residents recovering from alcohol and/or chemical
dependency.
CONDITIONAL US~ PERMIT RESOLUTION NO. PC2004-66 sr1151cw.doc
Chairperson Vanderbilt-Linares opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 7.
Applicant's Testimony:
Paul Chiavatti, 1610 South Brookhurst Street, 1340 N. Pearl St., #A, Anaheim, CA, stated the Expedition
House is proud to have been in business in the City of Anaheim for over 7 years without incident. He
• listed a number of organizations who supports them and/or in which they have affiliation.
Public Testimony:
Dr. Thomas Montgomery, The Program Director of the Expedition House, 1175 N. Euclid St., Anaheim,
CA, stated rather than creating additional problems for the community the project would clean up a
community issue. The clients are given drug test on a regular basis.
Kenton Martin, 1610 S. Brookhurst St., Anaheim, CA, stated the staff, the corporate and administrative
side of the Expedition House primary goal is the best interest of the people in the community. They are
an asset to the community and periodically one of the residents would even check on an elderfy lady who
lived alone next door to make sure all was well with her.
William Mayer, Janalee T. Antos, Judy Johnston, Sam Hoff, Heather Boley (absent - submitted a letter)
and Shirley McCracken, all members of the 1600 block neighborhood and Esther Wallace Chairman of
WAND (West Anaheim Neighborhood Development), stated a number of concerns such as: there were
110 names submitted on the petition in protest to the Sober Living Home; the project is an industry and
not residential; harassment of the neighbors; broken liquor bottles in their yards; 52% drop in crime in the
area has been to the efforts of the community; finding 20 to 50 syringes a day in the bushes; children
coming across the street from Loara High School to buy drugs in their neighborhood; drug houses in the
neighborhood; homeless drug pushers; violence with two attempted knifings on children; ongoing and
constant blocking of garages and alley access; people sleeping in cars in the alley; cars and homes being
robbed; and the alley used as a toilet in plain view. Also when they have gone and requested that the
cars be removed from the a11ey they've had the door slammed in their faces.
Applicant's Rebuttal:
• Mr. Chiavatti stated that the neighborhood concerns were confusing to him because the complaints being
mentioned are not happening on his street and do not pertain to the residents in his house. Not one of the
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JUNE 14, 2004
PLANNING COMMISSION MINUTES
• people or associations has ever contacted him concerning a problem. When The Expedition House is
converted into the Sober Living House it would turn into a place where residents could not leave. It would
go from 15 people with cars to 13 people without cars. There would only be two visitors at any one time.
THE PUBLIC HEARING WAS CLOSED.
Chairperson Vanderbilt-Linares asked if somebody came knocking on the door of 1610 S. Brookhurst
Street would there be any chance that they would actually find him or if they would end up talking to a
resident who could conceivably not pass along the information to him.
Mr. Chiavatti responded there is a manager there almost all of the time and he would have been notified.
Commissioner Buffa stated it seems that the impact on the neighbors would be significantly improved if it
is a licensed counseling facility versus what it currently is.
Commissioner Eastman stated that the neighborhood has a very active group of citizens who care about
their neighborhood and who have worked really hard to clean it up and she would see him and his staff
coming together with the people and working with them in the interest of having a good neighborhood.
Mr. Chiavatti responded that he welcomed it and has never had a problem before.
DURING THE ACTION.
Commissioner Romero stated that he spoke with Mr. Chiavatti before on another Expedition House and
he toured his other facilities and found the facilities to be run very well and also found that Mr. Chiavatti is
very willing to speak with the community and work together as a team.
• • • ~ ~- • • ~ • • •
OPPOSITION: 5 people spoke in opposition to the subject request.
A letter of opposition with 77 signatures was received at today's meeting.
A letter of opposition was received at today's meeting (read into the record).
A letter of opposition with 43 signatures was received prior to today's meeting.
IN SUPPORT: A person spoke in favor of the subject request.
IN GENERAL: A person spoke with issues unrelated to the subject request.
ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Bostwick and
- MOTION CARRIED, 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.
VOTE: 7-0
Granted Conditional Use Permit No. 2004-04854 (to permit a residential group care
facility with on-site counseling for up to thirteen (13) residents recovering from alcohol
and/or chemical dependency); and adoption of the resolution attached to the staff report
dated June 14, 2004, including the findings and conditions contained therein.
VOTE: 5-2 (Chairperson Vanderbilt-Linares and Commissioner Bostwick voted no)
. Selma Mann, Assistant City Attorney, presented the 22-day appeal rights.
DISCUSSION TIME: 1 hour and 22 minutes (3:11-4:33)
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PLANNING COMMISSION MINUTES
• 8a. CEQA NEGATIVE DECLARATION Continued to
8b. RECLASSIFICATION NO. 2004-00123 July 12, 2004
8c. WAIVER OF CODE REQUIREMENT
8d. CONDITIONAL USE PERMIT NO. 2004-04856
8e. TENTATIVE TRAC7 MAP NO. 16691
OWNER: KC Chang, Prominence, Inc., 1265 North Manassero Street
#303, Anaheim, CA 92807
LOCATION: 135 South Dale Avenue. Property is approximately 0.82
acre, having a firontage of 148 feet on the west side of Dale
Avenue, located 410 feet south of the centerline of Lincoln
Avenue.
Reclassification No. 2004-00123 - Request reclassification of the
property from the R5-A-43,000 (Residential/Agricultural) zone to the RM-
2400 (Residential, Multiple-Famify) zone or less intense zone.
Conditional Use Permit No. 2004-04856 - Request to construct a 14-unit
semi-attached residentia{ condominium complex with waiver of minimum
distance between buildings.
Tentative Tract Map No. 16691 - Request to establish a 1-fot, 14-unit
semi-attached residential condominium subdivision.
RECLASSIFICATION RESOLUTION NO.
CONDITIONAL USE PERMIT RESOLUTION NO. sr509Tjr.doc
•
OPPOSITION: None
ACTION: Commissioner Flores offered a motion, seconded by Commissioner Bostwick and
MOTION CARRIED, to continue the subject request to the July 12, 2004, Planning
Commission meeting as requested by the petitioner in order to allow additional time to
submit revised plans and submit a sewer capacity study.
VOTE: 7-0
DISCUSSION TIME: This item was not discussed.
C ~
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~
MEETING ADJOURNED AT 4:35 P.M.
TO MONDAY, JUNE 28, 2004 AT 11:00 A.M.
FOR PRELIMINARY PLAN REVIEW.
~
~
Respectfully submitted:
~~~~~~~~~~
Pat Chandler
Senior Secretary
Received and approved by the Planning Commission on , 2004.
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