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Minutes-PC 2004/07/12. . ~ C1TY OF ANAHEIM PLANNING COMMISSION MINUTES MONDAY, JULY 12, 2004 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRPERSON: JAMES VANDERBILT-LINARES COMMISSIONERS PRESENT: GAIL EASTMAN, DAVID ROMERO, JERRY O'CONNELL, CECILIA FLORES, (ONE VACANT SEAT) ~~ r~ , . COMMISSIONERS ABSENT: ~,KEL.~.Y BUFFA~- ~ ~~ ~~ . ~ ~ ~ n ,~ a , ,~. . °y ~, „ . ~...: _. STAFF PRESEWT: ~~ ~~ ~ ~ ~ °~~ Selma Mann, Assistant ~ity Attorr~ey~ y ~.~ ~ r~ry James Ltng 'Associate Civil{Engineer ~v Mark Gordon, Deputy~~~~y Att~irney ,~~ ~ µ T~ Ellyy Morris SeRnior Seci`etary h~ Greg Hastings, P~ar~n~ng~Services~l~ll~nager ;~ ~~~'~t Chan~iler,`~~~nioraSecretary ~~ Greg McCafferty,~,~~rinc~~ Plar~r~.~r ~~ ~~ Danielle Masciel VVo~dKpro~~ssmg~~Operator ~' ~~ ~ A~,r~ ~ ,;~•- rLL ~_~ ~ y t~ ~ ~ ~ ~~ ~ ~ ~ ~` ~ ~ ~ "° ~ ~ ~ ~ ~ ~ f~ ~~~ ~ . ~ ~~ ~ ~ AGENDA POSTING A~co~np~et~cbpy of the Planning Commission Agend~w~s ~pqsted ~t 1~,.30 a.m. on Thursday, June 10~ 20~4~~i~~side t,~t~ display case located in the foyer of the Coun~t~Ch~mber,s~~ and also in the outside di~play~C~osk~..~ ~f ,,~ ,~ ~ ~y ~ $ ~ ~ F t~~ ~` x , w..o ~' E }s`*scf. ~ 2 'i m ~E ~ ~ ~~ ~ PUBLISHEpi `~~~ €AnaF~e~tri Bu,.I,letinf~Newspaper=on Thur~sda"~,"Ju~~e 17, 2Q04 ~ ~~ f~ ~ ~ „~~. ,., h~ ~~ ~ } ,> E. ~k ~"~ ` ~ ~' ~ ~ ~ ~ ~ ~ , ~ ~ ~ ~ ~ ~" ' ~ _` ~ , ~_ ~~ ~, . "~ ~ '~~ CALL TO ORC~ER~ E ~ ' ~ °~ ~` ~ ~~ ~' PLANNINC~~,GOMMiS"SI~N MORNING S~SSI0~~11 00~~ M{'~ }t v ,` ~y ! r ~ ~~ ~. :~ ~ , ~ ~ ~ ~ ~ ~ ~ STAFF UP~ATE~TOnC;OMMISSION OI~~VARIOUS'"CITY ~:: ``~ ~` b; : '~'; DEV~~ ~OPM,ENT~ /~NI~ I$SIJES (AS~'~EG2UEST~ED BY' '. ~n_ F°m `~ ~~ PLANNLNG,~OMMI~~IQN)~ ~ ~ ` ` ~ ~ ~ ~~, PR,ELIMI,NARY'PLAN REVIEIN FOR°ITEMS ON>TWE JULY 1t2,52004;~AGENDA ~~ ~ e = ~ ~ ~ ~ ~ °~ . _~- ,, z ~_, ~ RECESS TO A~'~ERNOON PUBL1CzH~ARiNG SES'~SION ' ~,~ , ' ~ ~ ~" ~ °-~ `~~ ;~ r,. ~t~~~ RECONVENE TO PUBLIC HEARING 1:30~P~Vf~ ~ :° ~`, ` For record keeping ~~urposes; rf ~you i~ish~to mak~~a~ stateri~ent ~eg~rding,~ar~y iter~ aIi the agenda, please complete a speaker cac~~andxs~brnit itto flie~e~re~ary ~~~~" ~ ~ "' ~ ~ ~~ ~ _~- ~.`~~ • ~ ~~ ~ ~ n `u,r PLEDGE OF ALLEGIANCE: Commissioner Eastman~ ~ r~~ j'~ ~~ .__ w . . ~„ ~~ . E~~ ~,.~~~ " - . . ~ ~~ PUBLIC COMMENTS ~ ~ ~"~`~ ~ ~ ~~~~~,- °~~~~' '~~~~ ~ CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT H:\DOCS\CLERICAL\MINUTES~AC071204.DOC lannin commission anaheim.net JULY 12, 2004 PLANNING COMMISSION MINUTES • RECONVENE TO PUBLIC HEARING AT 1:30 P.M. PLANNING COMMISSION APPOINTMENTS: Appointment of a Planning Commission Chairperson (Motion) Appointment of a Planning Commission Chairperson Pro-Tempore (Motion) ACTION: Commissioner Romero offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Buffa absent and with one Commission vacancy), that the Anaheim City Planning Commission does hereby elect Gail Eastman as Commission Chairperson for 2004/2005. ACTION: Commissioner Eastman offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Buffa absent and with one Commission vacancy), that the Anaheim City Planning Commission does hereby elect David Romero as Commission Chairperson Pro-Tempore for 2004/2005. 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-E 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. ACTION: Commissioner Eastman offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Chairperson Vanderbilt-Linares and Commissioner Flores abstained Item 1-D, Commissioner Buffa absent and with one Commission vacancy) for approval of Consent Calendar Item Nos. (1-A, 1-C, 1-D and 1-E) as recommended by staff. Consent Calendar Item No. (1-B) was removed from the Consent Calendar for separate discussion. UNANIMOUSLY APPROVED. r~ ~J 07-12-04 Page 2 JULY 12, 2004 PLANNING COMMISSION MINUTES r ~ LJ • • 1. REPORTS AND RECOMMENDATIONS A. (a) CEQA EXEMPTION - SECTION 15061(b)(3) Concurred with staff (b) SPECIFIC PLAN ADJUSTMENT NO. 1 TO AMEND THE Recommended City DOWNTOWN EAST CENTER STREET SPECIFtC PLAN 90-2 Council approval of the ZONING AND DEVELOPMENT STANDARDS draft ordinance (TRACKING NO. SPN2004-00028) Richard Battaglia, The Village Apartments, 475 Center Street, Anaheim, CA 92805, requests an adjustment to SP 90-2 (East Center Street Specific Plan) to delete office uses from the list of conditionally permitted uses and add office uses to the list of permitted uses. (Vote: 5-0, Commissioner Buffa absent and with one ACTION: Commissioner Eastman offered a motion, seconded by Commission vacancy) Commissioner O'Connell and MOTION CARRIED (Commissioner Buffa absent and with one Commission vacancy), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falis within the definition of CEQA Exemption Section 15061 (b)(3), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, exempt from the requirements to prepare additional environmental documentation. Commissioner Eastman offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Buffa absent and with one Commission vacancy), that the Apaheim City Planning Commission does hereby recommend that the City Council approve Specific Plan Adjustment No. 1(SPN2004-00028) as outlined in the attached draft ordinance containing modifications to the Downtown East Center Street Specific Plan to delete office uses from the list of conditionally permitted uses and add office uses to the list of permitted uses. sr1155cw.doc 07-12-04 Page 3 JULY 12, 2004 PLANNING COMMISSION MINU7ES • ~J r~ ~J B. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (b) VARIANCE NO. 2004-04608 - REQUEST FOR FINAL ELEVATION PLAN REVIEW (TRACKING NO. VAR2004-04622) Meg Beatrice, 800 East Ocean Boulevard, Suite 105, Long Beach, CA 90802, requests final elevation plan review for a previously-approved 2-unit commercial center. Property is located at 676 South State College Boulevard. (This item was pulled from the Consent Calendar for separate discussion.) Approved Approved (Vote: 5-0, Commissioner Buffa absent and with one Commission vacancy) sr5103jr.doc Greg McCafferty, Principal Planner, introduced Item No. 1-B and stated when the Planning Commission approved the request on June 2, 2004, there was concern regarding the elevation that fronts State College Boulevard and he explained staff has worked with the applicant and came up with two different scenarios and indicated both of those alternatives would achieve the objective of making the west elevation more articulated and gives it a nice presence. Chairperson Vanderbilt-Linares asked staff for clarification regarding the plans that staff is recommending. Mr. McCafferty responded the plans in the Commission's packets should have both of the elevations, the only difference with the plans received this morning is the number of entrances from the parking lot and clarified that with the larger unit they would need two entrances. Commissioner Flores expressed her concerns regarding the single door and suggested that the single door remain closed and only use the two double doors. Meg Beatrice, 800 E. Ocean Boulevard, Suite 105, Long Beach, CA, stated the second door was provided for the larger retail area because many uses,that would be put in there would require a second exit. There is also the fact that only two retail spaces are allowed in the center and if another retail space were to go in it would not be legal without the applicant coming back before the Planning Commission. Commissioner Fiores stated if you were to sell the business someone else might put a wall where the single door is and then utilize the three units. Meg Beatrice stated in terms of the building code requirements they are talking about exits versus the two doors, and stated the two exits need to be separated by at least half the distance of the diagonal of the space and other requirements. Mr. McCafferty agreed and stated there needs to be a separation between the entrance and all they need is two doors spaced according to Code. Commissioner O'Connell expressed his support of the request and feels taking out the door is not necessary. ~ Chairperson Vanderbilt-Linares stated at today's morning session there was discussion pertaining to the awnings and he explained he was in support of the awnings as it would add depth to the building. Commissioner Eastman referred to the parking lot area and asked what material is being used for the awnings. Meg Beatrice responded they would be using steel canopies. 07-12-04 Page 4 JULY 12, 2004 PLANNING COMMISSION MINUTES • Commissioner Eastman asked if they are complete canopy coverings or do they just appear to be complete. Meg Beatrice responded they are a compfete canopy covering and would cover people entering the building from rain, etc. Commissioner Eastman asked if the canopies would be a flat surface and not slanted. Meg Beatrice responded yes, in terms of the actual profile of the building the canopies would be horizontai but the interior portion would be slanted to allow for drainage. Commissioner Eastman asked if they are going to look horizontal from the street view. Meg Beatrice agreed. ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner Buffa absent and with one Commission vacancy), 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 Romero and MOTION CARRIED (Commissioner Buffa absent and with one Commission vacancy), that the Anaheim City Planning Commission does hereby approve the final elevation plans for the second alternative, as recommended by staff. • DISCUSSION TIME: 14 minutes (1:50-2:04) • 07-12-04 Page 5 JULY 12, 2004 PLANNING COMMISSION MINUTES C. (a) CEQA CATEGORICAL EXEMPTION - SECTIONS 15061(B)(31 Approved • AND 15262 Approved (b) REQUEST FOR PLANNING COMMISSION TO INITIATE APPLICATIONS AND PROCEEDINGS FOR THE PLATINUM TRIANGLE INCLUDING: (1) ZONING CODE AMENDMENT NO. 2004-00032 (2) MISCELLANEOUS CASE NOS. 2004-00082 2004-00083 (Vote: 5-0, 2004-00084 AND 2004-00085 PERTAINING TO THE Commissioner Buffa PLATINUM TRIANGLE MASTER LAND USE PLAN AND THE absent and with one FORM OF A STANDARDIZED DEVELOPMENT AGREEMENT Commission vacancy) AND RESCINDING THE SPORTS ENTERTAINMENT OVERLAY ZONE AND STADIUM AREA MASTER LAND USE PLAN (3) RECLASSIFICATION NOS. 2004-00127 2004-00128 2004- 00129 AND 2004-00130 City of Anaheim, 200 S. Anaheim Blvd, Anaheim, CA 92805 requests initiation of proceedings to implement the General Plan's vision for The Platinum Triangle (those certain properties generally bounded by the Santa Ana River on the east, the Anaheim City Limits on the south, the Santa Ana Freeway (Interstate 5) on the west and the Southern California Edison Company right-of-way on the north, and also known as the "Stadium Area") to include: • Zoning code amendment proceedings to replace the (SE) (Sports Entertainment) Overlay Zone with the (PTMU) (Platinum Triangle Mixed Use) Overlay Zone (including rescinding Resolution No. PC2000-14, which approved the (SE) Overlay • Zone). • Master land use plan adoption proceedings to replace the Stadium Area Master Land Use Plan with The Platinum Triangle Master Land Use Plan (including rescinding Resolution No. 99R- 39, which approved the Stadium Area Master Land Use Plan). • Standardized development agreement adoption proceedings to adopt a standardized development agreement to be customized on a project-specific basis for all development within the (PTMU) Overlay Zone. • Reclassification proceedings for properties within The Platinum Triangle to the (PTMU) (Platinum Triangle Mixed Use Overlay) Zone and the O-H (high intensity office) and O-L (low intensity office) Zones to reflect General Plan designations. ACTION: Commissioner Eastman offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Buffa absent and with one Commission vacancy), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of CEQA Exemption Section 15061 (b)(3) and 15262, as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, exempt from the requirements to prepare additional environmental documentation. Commissioner Eastman offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Buffa absent and with one • Commission vacancy), that the Anaheim City Planning Commission does hereby approve the initiation applications and proceedings for the Platinum Triangle including: 07-12-04 Page 6 JULY 12, 2004 PLANNING COMMISSION MINUTES • (A) Amend the Zoninq Code to replace the ~SE) (Sports Entertainment Overlay) Zone (Ordinance No. 5673 pertaining to Chapter 20 of Title 18 of the Anaheim Municipal Code1 with the (PTMU) (Platinum Trianqle Mixed Use Overlavl Zone - Approximately 375 acres within The Platinum Triangle (Figure 1)(ZCA2004-00032) (6) Rescind the resolution of intent to the (SE) (Sports Entertainment Overlav) Zone (Resolution No. PC2000-14~ - Approximately 700 acres within The Platinum Triangle (Figure 1)(MIS2004-00082) (C) Approve the form of The Platinum Triange Develoqment Aqreement - Approximately 375 acres within The Platinum Triangle (Attachment B, Figure 1) (Figure 1) (MIS2004-00085) (D) Rescind the resolution approvinq the Stadium Master Land Use Plan (Resolution No. 99R-39) - Approximately 835 acres, including properties within The Platinum Triangle and 15 acres northwest of The Platinum Triangle (Figure 2) (MIS2004-00083) (E) Approve The Platinum Trianqle Master Land Use Plan - The entirety of The Platinum Triangle as described above (Figure 2) (MIS2004-00084) (F) Resolution of intent to reclassifv properties from the I (Industrial), C-G (General Commercial), O-L (Low Intensity ~ Officel and PR (Public Recreational) Zones to the O-H (High intensity Office) Zone - Approximately 140 acres located within The Platinum Triangle (Figure 3) (RCL2004-00127) (G) Resolution of intent to reclassify properties from the I(Industrial) Zone to the O-L (Low Intensity Office) Zone - Approximately 50 acres located within The Platinum Triangle (Figure 3) (RCL2004-00128) (H) Reclassifv properties from: a. I(Industrial) Zone to I(PTMUZ(Industrial - Platinum Trianqle Mixed Use Overlav) - Approximately 140 acres within The Platinum Triangle (Figure 4) b. O-L (Low intensity Officej Zone to O-L (PTMU) (Low Intensity Office - Platinum Trianqle Mixed Use Overlav) Approximately 36 acres within The Platinum Triangle (Figure 4) c. PR (Public Recreational) Zone to PR (PTMU) (Public Recreational - Platinum Trianqle Mixed Use Overlavl ~ Approximately 165 acres within The Platinum Triangle (Figure 4) d. T(Transitional) Zone to T(PTMU) (Transitional - Platinum Trianqle Mixed Use Overlay) Zone - Approximately 29 acres within The Platinum Triangle (Figure 4) • 07-12-04 Page 7 J U LY 12, 2004 PLANNING COMMISSION MINUTES • e. CG (General Commercial) Zone to CG (PTMUI (General Commercial - Platinum Trianqle Mixed Use Overlay) Zone - Approximately 2 acres within The Platinum Triangle (Figure 4) (RCL2004-00129) (I) Request to reclassifv properties from: a. I(SE) (Industrial - Sqorts Entertainment Overlay) to I (PTMU) (industrial - Platinum Trianqle Mixed Use Overlay~ Zone - Rectangular-shaped 3.7-acre property having a frontage of 292 feet on the west side of State College Boulevard, having a maximum depth of 556 feet and located 335 feet north of the centerline of Orangewood Avenue (2045 South State College Boulevard) (Figure 5) b. I(SE) (Industrial - Sports Entertainment Overlay) Zone to O-L (Low Intensity Office) Zone - Irregularly-shaped 24.5- acre property having a frontage of 1,120 feet on the east side of Douglass Road, a maximum depth of 1,130 feet and located 1,081 feet north of the centerline of Katella Avenue (1460 South Douglass Road) (Figure 5) c. O-L (SE) (Office Low - Sports Entertainment Overlavl Zone to O-L ~Low Intensitv Office) Zone - • Irregularly-shaped 7.25-acre property having a frontage of 1,560 feet on the west side of Douglass Road, having a maximum depth of 513 feet and located 690 feet north of the centerline of Katella Avenue (1501 - 1551 South Douglass Road) (Figure 5) (RCL2004-00130) sr8751 sk.doc • 07-12-04 Page 8 JULY 12, 2004 PLANNING COMMISSION MINUTES • u • D. Receiving and approving the Minutes from the Planning Commission Meeting of June 28, 2004. (Motion) ACTION: Commissioner Eastman offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Chairperson Vanderbilt-Linares and Commissioner Flores abstained, Commissioner Buffa absent and with one Commission vacancy), that the Anaheim City Planning Commission does hereby receive and approve the minutes for the Planning Commission meeting of June 28, 2004. Approved (Vote: 3-0, Chairperson Vanderbilt-Linares and Commissioner Flores abstained, Commissioner Buffa absent and with one Commission vacancy) E. Receiving and approving supplemental detailed minutes for Item No. 5 from the Planning Commission Meeting of May 17, 2004, scheduled to be heard as a public hearing item before City Council on Tuesday, August 3, 2004. (Motion) ITEM NO. 5 • Conditional Use Permit No. 2004-04844 • Determination of Pubiic Convenience or Necessity No. 2004-00015 ACTION: Commissioner Eastman offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Buffa absent and with one Commission vacancy), that the Anaheim City Planning Commission does hereby receive and approve the supplemental detailed minutes for the Planning Commission meeting of May 17, 2004. Approved (Vote: 5-0, Commissioner Buffa absent and with one Commission vacancy) 07-12-04 Page 9 JULY 12, 2004 PLANNING COMMISSION MINUTES C~ • PUBLIC HEARING ITEMS: 2a. CEQA NEGATIVE DECLARATION Approved 2b. RECLASSIFICATION NO. 2004-00123 Granted 2c. WAIVER OF CODE REQUIREMENT Approved 2d. CONDITIONAL USE PERMIT NO. 2004-04856 Granted 2e. TENTATIVE TRACT MAP N0.16651 Approved 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 frontage 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 RS-A-43,000 (Residential/Agricultural) zone to the RM- 3(Multiple-Family Residential) zone or less intense zone. Conditional Use Permit No. 2004-04856 - Request to construct a 14-unit semi-attached residential condominium complex with waiver of minimum distance between buildings. Tentative Tract Map No. 16691 - Request to establish a 1-lot, 14-unit semi-attached residential condominium subdivision. Continued from the June 14, 2004, Planning Commission Meeting. RECLASSIFICATION RESOLUTION NO. PC2004-70 CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-71 sr5102jr.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 2, stated there were some changes to the staff report, draft resolutions and motion excerpt which were submitted this morning to the Planning Commission, also the updated staff report was submitted to the applicant who has had the opportunity to review it. u ApplicanYs Statement: KC Chang, 1265 North Manassero Street #303, Anaheim, CA, stated they are proposing a 14-unit condominium consisting of four (4) triplexes and one (1) duplex and indicated they are bringing a much needed quality ownership housing for West Anaheim and is present to answer any questions. THE PUBLIC HEARING WAS CLOSED. Commissioner Flores asked the applicant if he inquired about the other two parcels. Mr. Chang responded yes he talked to the owner of the other two parcels to the north but the owner was not interested in selling at that time. Commissioner Flores stated she is concerned about the properties turning into rental properties in the future and the possibility of the appearance deteriorating. She suggested that the applicant submit 07-12-04 Page 10 JULY 12, 2004 PLANNING COMMISSION MINUTES • fandscape plans in order to ensure that the property continues to be maintained. She also referred to the Mr. Chang responded he believes the post office would require centralized mailboxes instead of individual schools in the area and expressed her concern pertaining to creating congestion. Mr. McCafferty stated there would be a maintenance covenant which would require them to maintain the common facilities including the landscaping, therefore, they would be maintaining that in accordance with the landscape exhibits. Mr. Chang stated they would have CC&Rs to regulate it. Commissioner Eastman asked if individual homes are going to have their own trash collection. Mr. McCafferty responded that there would be a trash enclosure and stated there is a condition of approval which states a building permit would not be approved unless the trash storage area is approved by the City's sanitation division. Commissioner Eastman asked if there is going to be centralized mail. units. Chairperson Vanderbilt-Linares stated at today's morning session there was discussion regarding the appearance of the project and asked the applicant if he could identify any other projects that would be similar to the proposed project. Mr. Chang responded there is a project in the City of Placentia on the southeastern corner of Rose Drive and Old Town Vista and it is a large tract of single-family homes and he stated the subject project would be very similar to that. ~ Chairperson Vanderbilt-Linares asked the applicant if a two-week continuance would be acceptable in order for the Commission to have an opportunity to review the project in the City of Placentia. Mr. Chang responded it may interfere with his vacation schedule and asked if the elevation plans could return as a Reports and Recommendations item. Commissioner O'Connell stated it appears the Commission is concerned of what the project is going to look like and he suggested an approval today with elevation plans to come back for review and approval. Mr. McCafferty responded as long as the materials that are needed to come back before the Planning Commission with the recommendation for the final detailed elevation plans are submitted prior to the fee adjustments which takes effect on August 16, 2004. Chairperson Vanderbilt-Linares verified the item could then be acted upon today and request that the applicant submit the additional elevation plans prior to August 16, 2004. Mr. McCafferty was in agreement. • • ~ ~ - • ~ • • • • OPPOSITION: None ACTION: Approved CEQA Negative Declaration. Granted Reclassification No. 2004-00123 (to reclassify this property from the T (Transitional) formerly the RS-A-43,000 (Residential/Agricultural) zone to the RM-3 • (Multiple-Family Residential) zone or less intense zone. Approved Waiver of Code Requirement. 07-12-04 Page 11 J U LY 12, 2004 PLANNING COMMISSION MINUTES • Granted Conditional Use Permit No. 2004-04856 (to construct a 14-unit semi-attached residential condominium complex with waiver of minimum distance between buildings); and adoption of the resolution attached to the staff report dated July 12, 2004, including the findings and conditions contained therein, with the following modification: Modified Condition No. 28 to read as follows: That final elevation plans showing additional architectural enhancements to the elevations facing Dale Avenue shall be submitted to the Planning Services Division for review and approval by the Planning Commission as a Reports and Recommendation item. Approved Tentative Tract Map No. 16691 (to establish a 1-lot, 14-unit semi-attached residential condominium subdivision) and adoption of the motion excerpt attached to the staff report dated July 12, 2004, including the findings and conditions contained therein. VOTE: 5-0 (Commissioner Buffa absent and with one Commission vacancy) Selma Mann, Assistant City Attorney, presented the 10-day appeal rights for the Tentative Tract Map and the 22-day appeal rights for the Reclassification and Conditional Use Permit. DISCUSSION TIME: 23 minutes (2:05-2:28) • • 07-12-04 Page 12 JULY 12, 2004 PLANNING COMMISSION MINUTES • 3a. CEQA NEGATIVE DECLARATION (READVERTISED) Continued to 3b. CONDITIONAL USE PERMIT NO. 2004-04852 July 26, 2004 OWNER: Cedar Mountain, LLC, 110 East Walnut Avenue, Fullerton, CA 92835 AGENT: Leon Alexander, Briggs and Alexander, 558 South Harbor Boulevard, Anaheim, CA 92805 LOCATION: 2916 West Lincoln Avenue. Property is approximately 0.7-acre, having a frontage of 89 feet on the south side of Lincoln Avenue, located 315 east of the centerline of Laxore Street (EI Cafor Restaurant). Request to permit a night club. Continued from the June 28, 2004, Planning Commission Meeting. CONDITIONAL USE PERMIT RESOLUTION NO. sr8752av.doc FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None • ACTION: Commissioner Eastman offered a motion seconded b Commissioner Flores and Y MOTION CARRIED (Commissioner Buffa absent and with one vacancy), to continue the subject request to the July 26, 2004, Planning Commission meeting in order for staff to meet with the petitioner and business owner. VOTE: 5-0 (Commissioner Buffa absent and with one vacancy) DISCUSSION TIME: This item was not discussed. • 07-12-04 Page 13 J U LY 12, 2004 PLANNING COMMISSION MINUTES • 4a. CEQA NEGATIVE DECLARATION Withdrawn 4b. SPECIMEN TREE REMOVAL PERMIT NO. 2004-00003 OWNER: Kenneth M. Light, 335 South Timken Road, Anaheim, CA 92808 AGENT: Pete Volbeda, 615 North Benson, Unit C, Upland, CA 91786 LOCATION: 347 South Timken Road. Property is approximately 0.52- acre, having a frontage of 192 feet on the south side of Timken Road, located 373 feet east of the centerline of Coyote Lane. Request to remove one (1) specimen tree (Eucalyptus) to construct a new sr8746av.doc single-family residence. ~ OPPOSITION: None ACTION: Commissioner Flores offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Buffa absent and with one vacancy), that the Anaheim City Planning Commission does hereby accept the petitioner's request for withdrawal of Specimen Tree Removal Permit No. 2004-00003. VOTE: 5-0 (Commissioner Buffa absent and with one vacancy) DISCUSSION TIME: This item was not discussed. ~ 07-12-04 Page 14 JULY 12, 2004 PLANNING COMMISSION MINUTES • 5a. CEQA NEGATIVE DECLARATION 5b. WAIVER OF CODE REQUIREMENT 5c. CONDITIONAL USE PERMIT NO. 2004-04866 OWNER: Rebeca Rosemberg, 255 South Euclid Street, Anaheim, CA 92802 Transwestern Commercial Services, 2990 East La Paima Avenue, Unit D, Anaheim, CA 92806 AGENT: Mario Ortner, 5638 Natick Avenue, Van Nuys, CA 91411 LOCATION: 255 South Euclid Street. Property is approximately 6.67 acres, located at the northwest corner of Euclid Street and Broadway. Request to construct a four-unit commercial retail center (food court) and freestanding drive-through restaurant on an existing commercial property with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. • • OPPOSITION: None Continued to July 26, 2004 sr3074a_ey.doc ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Buffa absent and with one vacancy), to continue the subject request to the July 26, 2004, Planning Commission meeting in order to readvertise the requested waiver. VOTE: 5-0 (Commissioner Buffa absent and with one vacancy) DISCUSSION TIME: This item was not discussed. 07-12-04 Page 15 JULY 12, 2004 PLANNING COMMISSION MINUTES • 6a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Concurred with staff 6b. CONDITIONAL USE PERMIT NO. 2004-04863 Granted OWNER: Jerry King, 2212 Dupont Drive, Unit O, Irvine, CA 92612 AGENT: Spectrum Real Estate Services, Inc., 13821 Newport Avenue, Suite 110, Tustin, CA 92780 LOCATION: 726 South State Colleqe Boulevard. Property is approximately 3.7 acres, located south and east.of the southeast corner of State College Boulevard and South Street (Zito's Piua). Request to permit and retain an amusement arcade in conjunction with an existing restaurant. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-72 sr8740av.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 6. ApplicanYs Statement; Jim Ravelli stated he is the representative for Zito's Pizza and is also the vendor of the arcade games in • the facility. He has been at the location for 4 years, and the pre-existing eleven (11) units go back 9 years and prior to that it was a Straw Hat Piua. He informed he wasn't aware that he was not in compliance with the conditional use permit. THE PUBLIC HEARING WAS CLOSED. Commissioner Flores expressed her support of the subject business. ~ FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner F-ores offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Buffa absent and with one vacancy), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project fails 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. 2004-04863 (to permit and retain an amusement arcade in conjunction with an existing restaurant); and adoption of the resolution attached to the staff report dated July 12, 2004, including the findings and conditions contained therein. VOTE: 5-0 (Commissioner Buffa absent and with one Commission vacancy) • Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TtME: 4 minutes (2:29-2:33) 07-12-04 Page 16 JULY 12, 2004 PLANNING COMMISSION MINUTES • • • 7a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Concurred with staff 7b. CONDITIONAL USE PERMIT NO. 2004-04864 Granted OWNERS: Voit La Palma Partners II, LLC, 21700 Oxnard Street, Suite 350, Woodland Hills, CA 91367-7531 Transwestern Commercia{ Services, 2990 East La Palma Avenue, Unit D, Anaheim, CA 92806 AGENT: Nicole Finco, XLNT Window Tinting, 2940 East La Palma Avenue, Unit C; Anaheim, CA 92806 LOCATION: 2910-2940 East La Palma Avenue. Property is approximately 3.92 acres, having a frontage of 675 feet on the south side of La Palma Avenue, located 430 feet east of the centerline of White Star Avenue (La Palma Corporate Park). Request to permit and retain an existing automobile window tinting installation business. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-73 sr5101jr.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 7. ApplicanYs Statement: Nicole Finco, 2910-2940 E. La Palma Avenue, #C, Anaheim, CA, she expressed her supporf of the request and the staff report. THE PUBLIC HEARING WAS CLOSED. Chairperson Vanderbilt-Linares asked how long does it take to complete tinting on a vehicle. Nicole Finco responded it takes about 3 hours. Chairperson Vanderbilt-Linares asked if it is typical for this type of business to work on the vehicles inside the building. ~ Nicole Finco responded yes because a clean environment is necessary. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner Buffa absent and with one vacancy), 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. 07-12-04 Page 17 JULY 12, 20~4 PLANNING COMMISSION MINUTES • Granted Conditional Use Permit No. 2004-04864 (to permit and retain an existing automobile window tinting installation business); and adoption of the resolution attached to the staff report dated July 12, 2004, including the findings and conditions contained therein. VOTE: 5-0 (Commissioner Buffa absent and with one Commission vacancy) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 6 minutes (2:34-2:40) • r 07-12-04 Page 18 JULY 12, 2004 PLANNING COMMISSION MINUTES • Commissioner Romero thanked James Vanderbilt-Linares for his Chairmanship over the last year. MEETING ADJOURNED AT 2:40 P.M. TO MONDAY, JULY 26, 2004 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. • Respectfully submitted: ~~ ey~~~ ~~ %~ Elly Morris Senior Secretary Received and approved by the Planning Commission on ~~ 02. ~ , 2004. r 07-12-04 Page 19