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Minutes-PC 2004/08/09 (2)s ~ CITY OF ANAHEIM Planning Commission Minutes Mondav, Auqust 9, 2004 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRPERSON: GAIL EASTMAN Commissioners Present: KELLY BUFFA, CECILIA FLORES, JERRY O'CONNELL, DAVID ROMERO, JAMES VANDERBILT-LINARES (arrived 4:30 p.m.) PAT VELASQUEZ Commissioners Absent: None Staff Present: Mark Gordon, Deputy City Attorney Sheri Vander Dussen, Planning Director Greg Hastings, Planning Services Manager Greg McCafferty, Principal Planner Linda Johnson, Principal Planner Alfred Yalda, Principal Transportation Planner Susan Kim, Associate Planner James Ling, Associate Civil Engineer Elly Morris, Senior Secretary Danielle Masciel, Word Processing Operator Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 9:00 a.m. on Thursday, August 5, 2004, inside the display case located in the foyer of the Council Chambers, and also in the outside display kiosk. Published: Anaheim Bulletin Newspaper on Thursday, July 29, 2004 • Call To Order Planning Commission Morning Session 11:00 A.M. • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE August 9, 2004 AGENDA • • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 1:30 P.M. For record keepinp purposes, if y.ou wish to make a statement reqardinp anv item on the ~enda. please complete a speaker card in advance and submit it to the secretarv. • Ptedge Of Atlegiance: Commissioner O'Connell • Public Comments • Consent Calendar • Public Hearing Items • Adjournment You may leave a message for the Planning Commission using the foflowing e-mail address: planninacommissionCa~anaheim.net H:\DOCSICLERI CAL\MI NtJTESWC080904.doc AUGUST 9, 2004 PLANNING COMMISSION MINUTES ~ Anaheim Planning Commission Agenda -1:30 P.M. Items Of Public Interest: Oath of Affirmation of Allegiance: New Planning Commissioner - Pat Velasquez. Pat Velasquez was sworn in as Planning Commissioner by Sheryll Schroeder, City Clerk. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. Sheri McCracken, of Anaheim, CA, stated she submitted her comments to the City Clerk's Office with respect to today's agenda. Consent Calendar: The Report and Recommendation items 1-A through 1-C 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 1he 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 Flores offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioners Romero and Velasquez abstained on Item 1-C and Commissioner Vanderbilt-Linares . absent), for approval of Consent Calendar Items 1-A through 1-C as recommended by staff (with modifications fo Item 1-C, Pianning Commission Minutes of July 26, 2004). UNANIMOUSLY APPROVED Renorts and Recommendations A. (a) CEQA Neqative Declaration (Previouslv-Approved) Approved (b) Conditional Use Permit No. 2003-04661 Approved retroactive (Tracking No. CUP2004-04870) extension of time for one year (to expire on Agent: Dwyer Beesley. P.O. Box 17783, Anaheim, CA 92817 April 29, 2005) Location: 115 N. Gilbert Street. (Vote: 6-0, Commissioner Requests a retroactive extension of time (approved April 29, 2003; Vanderbilt-Linares expired April 29, 2004) to comply with conditions of approval for a absent) previously approved 9-unit "affordable" senior citizen's apartment complex with waivers of minimum landscaped setback abutting an arterial highway and minimum building setback. ACTION: Commissioner Flores offered a motion, seconded by Commissioner O'Connell and MOTION CARRlED (Commissioner Vanderbilt- Linares 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 Flores offered a motion, seconded by Commissioner O'Connell 08-09-04 Page 2 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES ~ and MOTION CARRIED (Commissioner Vanderbilt-Linares absent), that the Anaheim City Planning Commission does hereby approve the request for a one (1) year retroactive extension of time to expire on April 29, 2005, based the following: (i) 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. (ii) That the property has been maintained in a safe, clean and aesthetically pleasing manner with no outstanding code violations affecting this property. (iii) That there is no information or changed circumstances which contrad the facts necessary to support one or more of the required findings fo approval of Conditional Use Permit No. 2003-04661. • on ict r sr8747dh.doc C~ 08-09-04 Page 3 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES ~ B. Gener I Plan nform n No. 2004-00036 - Re uest To (a) a Co a ce q Determined to be in Determine Conformance With The Anaheim General Plan For The conformance with the Proposed Lease Of Additional Office Space Anaheim General Plan Location: 1725 South Douglass Road, Suite D. (Vote: 6-0, Commissioner Vanderbilt-Linares Request to determine conformance with the Anaheim General Plan for absent) the proposed lease of additiona! office space to be used by staff from the County of Orange Environmental Resources Division. ACTION: Commissioner Flores offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Vanderbilt-Linares absent), that the Anaheim City Planning Commission does hereby determine that the County's proposal to lease office space for its Environmental Resources staff at 1725 South Douglass Road, Suite D, is in conformance with the Anaheim General Plan. General Plan Conformity items have a statutory guideline limitation of 40-days from the date the application is submitted, therefore it is given accelerated processing and provided to the City Council at an early time. (The 40-day fime limitation as required by Section 65402(c) of the Government Code requires the City to act on this item by August 25, 2004, as the application was submitted on July 16, 2004 for the subject request.) sr8761 mn.doc • ~~ 08-09-04 Page 4 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES . • • 1C. Receiving and approving the Minutes from the Planning Commission Meetings of July 26, 2004. (Motion) ACTION: Commissioner Flores offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioners Romero and Velasquez abstained and Commissioner Vanderbilt-Linares absent), that the Anaheim City Planning Commission does hereby receive and approve the minutes for the Planning Commission meeting of July 26, 2004, wifh the following modifications: Pages 5& 18, replaced "Chairperson Vanderbilt-Linares to read as Chairperson Eastman". Pages 13 & 19, replaced "Commissioner Eastman to read as Chairperson Eastman" Approved, with modifications to pages 5, 13, 18 and 19 (Vote: 4-0, Commissioners Romero and Velasquez abstained since they were not present for the meeting and Commissioner Vanderbilt-Linares absent) 08-09-04 Page 5 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES S Public Hearing Items: 2a. CEQA Cateaorical Exemption - Class 1 2b. Conditional Use Permit No. 2004-04868 Owner: Brookhurst Group, LLC, 1026 South Wall Street, #200, Los Angeles, CA 90015 Agent: Ahmad Alzuq, Family Market, 319 South Main Street, Santa Ana, CA 92701 Location: 802-808 South Brookhurst Street. Property is approximately 1.8 acres, located at the northeast corner of Brookhurst Street and Brookmore Avenue. Request to establish land use conformity with current zoning code land use requirements for an existing non-conforming commercial retail center and to permit a convenience market. Continued from the July 26, 2004, Planning Commission Meeting. Conditional Use Permit Resolution No. PC2004-78 Concurred with staff Granted (The convenience market portion of the CUP is granted for 1 year from the commencement of activity or August 9, 2006) sr8742dh.doc • ~~ Chairperson Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 2. ApplicanYs Statement: George Behnam, 1150 E. Orangethorpe Avenue, #109, Placentia, CA, the architect of the project, representing the tenant, stated they are in agreement with the conditions of approval. Kamran Aryai, of Envirotecture, the architects that work with the property owners, 3600 Wilshire Blvd., #1402, Los Angeles, CA, stated they are working on exterior upgrades of the entire center. THE PUBLIC HEARING WAS CLOSED. Chairperson Eastman asked the representative to address the issue regarding the illegal sign on the property. Mr. Behnam stated he was unsure if there was a permit for the sign, but he would ensure fhat the sign was removed promptly. • • ~ ~- • ~ • • • • OPPOSITION: None ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Vanderbilt-Linares absent), that the Anaheim City 08-09-04 Page 6 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES ~ Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 1(Existing Facilities), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Granted Conditional Use Permit No. 2004-04868 (to establish land use conformity with current zoning code land use requirements for an existing non-conforming commercial center and to permit a convenience market) including that the convenience market is approved for a period of one (1) year from the commencement of the activity or August 9, 2006, whichever is less; and adoption of the resolution attached to the staff report dated August 9, 2004, including the findings and conditions contained therein, with the following modifications: Modified Condition No. 17 to read as follows: 17. That shopping carts shall be stored inside the building at all times and plans submitted for building permits shall indicate an area within the market dedicated to the storage of shopping carts. That a shopping cart ~et~ieval containment plan shall be submitted to the Planning Services and Code Enforcement Divisions. The plan shall include provisions for the periodic retrieval of shopping carts from the parking lot and operational practices to prevent patrons from taking the shopping carts from the premises. VOTE: 6-0 (Commissioner Vanderbilt-Linares absent) • Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, August 31, 2004. DISCUSSION TIME: 6 Minutes (1:58-2:04) u 08-09-04 Page 7 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES ~ 3a. CEQA Neqative Declaration Continued to 3b. Reclassification No. 2004-00124 Wednesday, September 8, 2004 Owner: Raymond Siegele, P.O. Box 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-9200) zone or less intense zone. Portion C- from ML (Limited Industrial) to RM-4 (Residential, Multiple- Family-1200) zone or less intense zone. Portion D- from ML (Limited Industrial) to RM-3 {Residential, Multiple- Family-2400) zone or less intense zone. Continued from the June 14, 2004, Planning Commission Meeting. i Reclassification Resolution No. sr2151ds.doc 08-09-04 Page 8 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES ~ • • ~ ~- • ~ • • ~ • OPPOSITION: None ACTION: Commissioner Romero offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Vanderbilt-Linares absent), to continue the subject request to the September 8, 2004, Planning Commission meeting as requested by Community Development in order to allow additional time to meet with the property owners. VOTE: 6-0 (Commissioner Vanderbilt-Linares absent) DISCUSSION TIME: This item was not discussed. ~ • 08-09-04 Page 9 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES ~ ~ ~ 4a. CEQA Nes~ative Declaration Continued to 4b. Waiver Of Code Requirement September 20, 2004 4c. Conditional Use Permit No. 2004-04861 Owner: 230 West Colchester, CALP, c/o Chris DiRiggiero, P.O. Box 304, Hermosa Beach, CA 90254 Agent: Joseph Curd, Curd, Gallindo and Smith, LLP, 301 East Ocean Boulevard, #460, Long Beach, CA 90802 Location: 2230 West Colchester Drive. Property is approximately 0.87-acre, located at the southeast corner of Colchester Drive and Colony Street. Request to permit and retain two existing churches, a narcotics anonymous meeting hall, and to establish land use conformity with the City's zoning code requirements for an existing non-conforming commercial retail center with waiver of minimum number of parking spaces. Continued from the June 28 and Jufy 26, 2004, Planning Commission Meetings. Conditional Use Permit Resolution No. sr5109jr.doc FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Flores offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Vanderbilt-Linares absent), to continue the subject request to the September 20, 2004, Planning Commission meeting as requested by the petitioner since the property owner would not be able to attend the meeting. VOTE: 6-0 (Commissioner Vanderbilt-Linares absent) DISCUSSION 71ME: This item was not discussed. 08-09-04 Page 10 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES ~ R d d i C il 5a. PREVIOUSLY-CERTIFIED FEIR NO. 330 ecommen e C ty ounc Approval 5b. ZONING CODE AMENDMENT NO. 2004-00032 Recommended Ciry Council Approval 5C. RESCISSION OF THE SPORTS ENTERTAINMENT Recommended City Counci~ to OVERLAY ZONE (MISCELLANEOUS CASE NO. 2004-00082) rescind the resolution of intent 5d. RESCISSION OF THE ANAHEIM STADIUM AREA MASTER Recommended City Council to LAND USE PLAN (MISCELLANEOUS CASE NO. 2004-00083) rescind Resolution No. 99R-39 5e. THE PLATINUM TRIANGLE MASTER LAND USE PLAN RecommendedCityCouncil (MISCELLANEOUS CASE NO. 2004-000841 Approval 5f. FORM OF THE PLATINUM TRIANGLE STANDARD Recommended City Council DEVELOPMENT AGREEMENT Approval (MISCELLANEOUS CASE NO. 2004-00085) 5g. RECLASSIFICATION NO. 2004-00127 Approved 5h. RECLASSIFICATION NO. 2004-00128 Approved 5i. RECLASSIFICATION NO. 2004-00129 Approvalended City Council 5j. RECLASSIFICATION NO. 2004-00130 Approved 5k. REQUEST FOR CITY COUNCIL REVIEW OF ITEM NOS. 5q, Recommended City Counci~ 5h and 5i Review Location: The Platinum Trianqle. Those certain properties • encompassing approximately 820 acres 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 Platinum Triangle". City initiated request for Planning Commission to consider and make a recommendation to City Council, regarding the following actions to implement the General Plan's vision for The Platinum Triangle: • Determine Previously-Certified EIR No. 330 (associated with the General Plan and Zoning Update Program) and the updated and modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, as being adequate to serve as the environmental documentation for the actions listed below. • Amend the Zoning Code to replace the SE (Sports Entertainment) Overlay Zone with the PTMU (Platinum Triangle Mixed Use) Overlay Zone. • Rescind the resolution of intent to the SE (Sports Entertainment) Overlay Zone (Resolution No. PC2000-14). • Replace the Anaheim Stadium Area Master Land Use Plan with The Platinum Triangle Master Land Use Plan (including rescinding Resolution No. 99R-39, which approved the Anaheim Stadium Area Master Land Use Plan) • • Adopt The Platinum Triangle Standard Development Agreement as to form. 08-09-04 Page 11 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES ~ • Reclassify properties within The Platinum Triangle designated by the General Plan as "Office High" to the O-H (High Intensity Office) Zone (Resolution of Intent only - finalization required by property owners to develop under the O-H Zone) (Reclassification No. 2004-00127) • Reclassify properties within The Platinum Triangle designated by the General Plan as "Office Low" to the O-L (Low Intensity Office) Zone (Resolution of Intent only - finalization required by property owners to develop under O-L Zone) (Reclassification No. 2004-00128) • Reclassify properties within The Platinum Triangle designated as "Mixed- Use" by the General Plan to the PTMU (Platinum Triangle Mixed Use) Overlay Zone (finalize zoning - property owners may develop utilizing the underlying zone or the PTMU Overlay Zone) • Reclassify properties finalized to SE (Sports Entertainment) Overlay Zone to the: • I(PTMU) (Industrial - Platinum Triangle Mixed Use Overlay) Zone (finalize zoning) - 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). ~ t(SE) (Industrial - Sports Entertainment Overlay) Zone to O-L (Low Intensity Office) Zone (finalize zoning) - 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). • O-L (SE) (Office Low - Sports Entertainment Overlay) Zone to O-L (Low Intensity Office) Zone (finalize zoning) - 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). Zoning Code Amendment No. 2004-00032 Resolution No. PC2004-79 Rescind Sports Entertainment (SE) Overlay Resolution No. PC2004-80 (Miscellaneous Case No. 2004-00082) Rescind Anaheim Stadium Area Master Land Use Plan Resolutior~ No. PC2004-81 (Miscellaneous Case No. 2004-00083) The Platinum Triangle Master Land Use Plan Resolution No. PC2004-82 (Miscellaneous Case No. 2004-00084) Reclassification No. 2004-00127 Resolution No. PC2004-83 Reclassification No. 2004-00128 Resolution No. PC2004-84 Reclassification No. 2004-00129 Resolution No. PC2004-85 • Reclassification No. 2004-00130 Resolution No. PC2004-86 I sr8764sk.doc 08-09-04 Page 12 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES ~ Chairperson Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 5. Applicant's Testimony: Susan Kim, Associate Planner, presented The Platinum Triangle Master Land Use Plan and associated implementation actions to the Planning Commission and stated that the General Plan's vision for The Platinum Triangle is to create a dynamic mix of uses and upscale, high-density urban housing - integrated by a carefully planned network of pedestrian walkways, streetscape improvements and recreational spaces that will create an urban environment of a scale never before seen in Orange County. Public Testimony: Tom Rizzuti, Facilities Planner, Anaheim City School District, 1001 S. Anaheim Boulevard, Anaheim, CA, stated the districts minor concerns about the fact that they are in an ongoing process of trying to provide adequate facilities for their existing, as well as their future students and he offered the district's willingness to talk to City staff to make sure that planning process went forward as the planning process continued to gain momentum and move ahead. Tim Paone, 695 Town Center Drive, 14th Floor, Costa Mesa, CA, representing A&B Property Corporation, stated concern that by forcing commercial, instead of giving it an option in that particular location, might not be the wisest planning approach and in terms of commercial long term liability, simply might not work. Jim Adams, 436 S. Cameilia Street, Anaheim, CA, a council representative for the Los Angeles, Orange • County Building and Construction Great Council, stated that many of the craft workers and their families live in Anaheim and they had concerns about local jobs for local workers, residents and contractors, and training programs that are based locally in the City. Sharon McCracken, of Anaheim, CA, stated that there were always two sides to an issue and people needed to work together in a fair and just manner, otherwise, all parties involved would hinder the project. Fred Miller, 1551Gene Autry Way, Anaheim, CA, stated that in their business they manufacture high-tech machinery and he was concerned that the project would change the building to the extent that they could not continue to manufacture machinery there. He asked Commission to think of what they were doing to people who have done a good job for the City. Judith Dijon, President of Orangewood Stadium Business Park Association, stated that they represent approximately 20 different entrepreneurs. They own property on Dupont Drive (shaped like a U) at the circle just south of Orangewood Avenue, and they too are concerned about their buildings and property values and how it is going to impact the traffic pattern that they are already subjected to by Anaheim Stadium. Ms. Johnson clarified that on page 7 of the staff report, under (12) (A) and (B), it indicated that the intent was not to create nonconforming uses or situations and that property owners could continue to enjoy the rights of the existing underline zone, and the reclassification to an office zone was totally at the property owners discretion, even if the Mixed Use Overlay was applied to the properties they would still have the right to continue to operate under the existing zone. ' FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. • IN GENERALI CONCERNS: 5 people spoke with concerns/questions pertaining to the subject request. A person spoke unrelated to the subject request. 08-09-04 Page 13 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES ~ ACTION: Recommended that the City Council, as lead agency for the Proposed Actions, find that the previously-certified Final EIR No. 330 and the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle are in compliance with CEQA and the State and City CEQA Guidelines and are adequate to serve as the required environmental documentation for the proposed project actions based upon the findings set forth in paragraph 16(A) of the August 9, 2004 staff report to the Planning Commission. Recommended that the City Council approve Zoning Code Amendment No. 2004- 00032 to amend Chapter 20 of Title 18 of the Anaheim Municipal Code to replace the Sports Entertainment Overlay Zone in its entirety with the Platinum Triangle Mixed Use Overlay Zone, by the Resolution provided in Attachment F of the August 9, 2004 staff report, with the following changes to the Platinum Triangle Mixed Use Overlay Zone: Add subsection .OS02 to Section 18.20.030.050 "Ground Floor Commercial Uses" which would state that "Projects that include over twenty thousand (20,000) square feet of ground floor commercial uses along Market Street shall be required to provide restroom facilities open to the public contained within the ground floor commercial uses in addition to the restroom facilities otherwise required by Title 15 (the Anaheim Building Code)." 2. Add a subsection .0105 for Drop off and Pick-up Locations to Section 18.20.120.010 "Parking Demand Study" which would state that "Drop off and pick up locations shall be incorporated into the design of parking areas and the demand • for such areas shall be included in the parking study." Recommended that the City Council rescind the resolution of intent to the Sports Entertainment Overlay Zone (Miscellaneous Case No. 2004-00082) by the Resolution provided in Attachment G of the August 9, 2004 staff report. Recommended that the City Council rescind Resolution No. 99R-39 approving the Anaheim Stadium Area Master Land Use Plan (Miscellaneous Case No. 2004-00083) by the Resolution provided in Attachment H of the August 9, 2004 staff report. Recommended that the City Council approve The Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2004-00084) by the Resolution provided in Attachment I of the August 9, 2004 staff report, with the following changes to the Master Land Use Plan: 1. Approve Alternative A provided as Attachment C to the August 9, 2004 staff report to remove bike lanes from Market Street and the Connector Streets as follows: Replace Figures 4(The Platinum Triangle Urban Design Plan), 32 (Market Street) and 33 (Connector Street) on pages 19, 58 and 60, respectively of the August 9, 2004 Platinum Triangle Master Land Use Plan with the Alternative A Figures 4 (The Platinum Triangle Urban Design Plan), 32 (Conceptual Market Street) and 33 (Conceptual Connector Street). 2. The third sentence in Subsection 4.1.2, entitled "Public Art" shall be changed from "Public art will be incorporated in the mini parks and new gathering places that will be developed within The Platinum Triangle" to "Public art will be encouraged in the mini parks and new gathering places that will be developed within The • Platinum Triangle." 08-09-04 Page 14 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES ~ Recommended that the City Council approve The Platinum Triangle Standard Development Agreement as to form (Miscellaneous Case No. 2004-00085), with the following changes to the Standard Development Agreement: Indicate that mini parks and public restrooms will be maintained by the property owner/developer unless another financial mechanism is established to the satisfaction of the City (this change will be made to Section 9.1 and Exhibit "E" of the Agreement). Granted Reclassification No. 2004-00127 by the Resolution provided in Attachment J of the August 9, 2004 staff report. Granted Reclassification No. 2004-00128 by the Resolution provided in Attachment K of the August 9, 2004 staff report. Recommended that the City Council approve Reclassification No. 2004-00129 by the Resolution provided in Attachment L of the August 9, 2004 staff report. Granted Reclassification No. 2004-00130 by the Resolution provided in Attachment M of the August 9, 2004 staff report. Recommended City Council consideration of Reclassification Nos. 2004-00127, 2004- 00128 and 2004-00130 (Action Nos. 5g, 5h and 5j). VOTE: 6-0 (Commissioner Vanderbilt-Linares absent) • Mark Gordon, Deputy City Attorney, stated upon mofion of the Planning Commission, the actions would be scheduled for a noticed public hearing before the City Council on August 17, 2004. DISCUSSION TIME: 1 hour and 17 minutes (2:05-3:22) • 08-09-04 Page 15 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES ~~ ~~ 6a. CEQA Cates~orical Exemption - Class 1 Concurred with staff 6b. Conditional Use Permit No. 2000-04242 Approved expansion (Tracking No. CUP2004-04871) {The massage facility Owner: Lakeview Plaza Investment Company, 1667 East Lincoln portion of the CUP shall Avenue, Orange, CA 92865 expire on July 30, 2011) Agent: Investment Concepts, Bodycentre Orange, LLC, 1667 East Lincoln Avenue, Orange, CA 92865 Location: 430 North Lakeview Avenue. Property is approximately 3.1 acres, located north and east of the northeast corner of Lakeview Avenue and McKinnon Drive (Bodycentre). Request to expand an existing wellness spa and massage facility and to modify a condition of approval pertaining to a time limitation. Conditional Use Permit Resolution No. PC2004-87 sr5108jr.doc Chairperson Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 6. • ApplicanYs Testimony: Paula Schlue stated that they requested a time elimination but agreed with the recommendation for 7 years. THE PUBLIC HEARING WAS CLOSED. FOLLOWING 1S A SUMMARY OF THE PLANNING COMMISSION ACTION. ~ OPPOSITION: None ACTION: Commissioner Flores offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner Vanderbilt-L'+nares absent), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 1(Existing Facilities), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Approved the request for Conditional Use Permit No. 2000-04242 (Tracking No. CUP2004-04871) to expand an existing wellness spa and massage facility and to modify a condition of approval pertaining to time limitation; and adoption of the resolution aftached to the staff report dated August 9, 2004, including the findings and conditions contained therein, with the following modifications: Modified Condition No. 1 to read as follows: • 1. That the massage facility portion of this conditional use permit shall expire #+ve-(~ F }{~ rl.+~e ..F ~hie. roe~~6 ~fi~n nn /~~ ~n~ ~c4 ~~nnn on July 30 2011. yc,~.~., ~~..~~~ .~~., ....,..., ..~ .~.... .......,.......,.., _... ._~--- -~ ---- ~ 08-09-04 Page 16 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES ~ VOTE: 6-0 (Commissioner Vanderbilt-Linares absent) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, August 31, 2004. DISCUSSION TIME: 2 minutes (3:23-3:25) C ~ . 08-09-04 Page 17 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES ~ 7a. CEQA Nes~ative Declaration 7b. Waiver Of Code Repuirement 7c. Conditional Use Permit No. 2004-04857 Owner: John Lee, 3026 West Ball Road, Anaheim, CA 92804 Agent: Chung Myung, 3380 Flair Drive, Suite 222, EI Monte, CA 91731 Location: 3026 West Ball Road. Property is approximatefy 0.41- acre, landlocked parcel located on the south side of Ball Road located 418 feet west of the centerline of Beach Boulevard. Request to permit a church within two existing residential structures with waivers of: (a) minimum setback for institutional uses abutting a residential zone boundary, and (b) minimum number of parking spaces. Conditional Use Permit Resolution No. Chairperson Eastman opened the public hearing. • Greg McCafferty, Principal Planner, introduced Item No. 7. Applicant's Testimony: Continued to August 23, 2004 sr8756dh.doc Myung Chung, of CMC Architects & Engineers, representing the applicant, 3330 Flair Drive #222, EI Monte, CA, stated that his client proposed to have a small church of approximately 40 congregational members with 20 parking spaces. He was concerned with the terms that staff pointed out for the basis of the denial of their request such as: trash pick up, canopy structure, noise level, landscape waiver, lighting, and the property site being too small. John Lee, the owner of the property, 3026 W. Ball Road, Anaheim, CA, stated that they live in an area that is right next to a junk yard that operates very heavy machinery so noise is actually a reality that all the area people are aware of. They have extensive landscaping designs to improve the area and the canopy structure was actually a violin recital area but has now been removed. They believe a church would really make a positive impact to this area. Public Testimony: Dennis Kim, 7030 W. Ball Road, stated that the lot size is only 0.41-acre and he believes they cannot run a church on the property without passing through his property. He is concerned that having a church there would bring too much noise and too much traffic. Grace Kim, 7030 W. Ball Road, the owner of the Dental Building at 3028 and 3030 W. Ball Road, stated that the applicants are always passing through her parking lot and often times make u-turns. The easement is too crowded and there is not enough parking space for a church to go there. ~ 08-09-04 Page 18 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES • A IicanYs Rebuttal: pp Mr. Lee stated that they wish to accommodate and wanted to work hard to develop a good relationship with all or their neighbors. They desire to have a small church and not a large church and if the church were to grow they would willingly move to another Iocation suitable for their purpose. Chairperson Eastman asked if when he purchased the property, he had a legal easement agreement and what that legal agreement entitled him to as far as the number of trips back and forth. Mr. McCafferty stated typically easements do not regulate the number of trips but just state that they would have the access at a certain point across. Mr. Lee stated that they have observed that the Realty Club and the properties of Mr. and Mr. Kim the businesses do not operate at the time that their congregation meets. So he did not really see a conflict in interest, but would be more than willing to be vigilant about keeping their space private to themselves and maintaining separation of the parking spaces. Mr. Chung stated that 15 feet landscaping versus 6 feet may be a lot of difference but in reality it is just a few feet of difference and he did not know how much a difference could be made from slamming car doors from 15 feet versus 6 feet. He feels the difference is more visual, which would be the heavy landscaping. Commissioners O'Connell and Velasquez concurred with Commissioner Romero that it is a unique property and has some special circumstances. And that the property is going to be a problem regardless of the use because of how it is set up. They would support it if there were some restrictions they could ~ put on it versus the recommended Conditional Use Permit. Chairperson Eastman and Commissioner Flores concurred with Commissioner Buffa that there is not justification to grant a reduction in landscape setback and also there is not adequate parking on the site to grant the Conditional Use Permit for the church. Chairperson Eastman stated that this was a tough issue for Commission because they would like to see him be able to use his property but was also looking at the negatives from staff's point and concurred with the recommendation for a continuance. ' FOLLOWING IS A SUMMARY OF THE PLANNWG COMMISSION ACTION. ~ OPPOSITION: 2 people spoke with opposition/concerns to the subject request, Correspondence was received in opposition to the subject request. ACTION: Approved CEQA Negative Declaration Commissioner Buffa offered a resolution to deny Conditional Use Permit No. 2004- 04857 (to permit a church within two existing residential structures) based upon the testimony presented at today's meeting and as stated in the staff report dated August 9, 2004; and adoption of the resolution attached to the said staff report, including the findings contained therein. The resolution FAILED TO CARRY with the following vote: AYES: BUFFA, FLORES • NOES: EASTMAN, O'CONNELL, ROMERO, VELASQUEZ ABSENT: VANDERBILT-LINARES 08-09-04 Page 19 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES ~ MOTION: Commissioner O'Connell offered a motion seconded b Commissioner , Y Romero and MOTION CARRIED (Commissioner Buffa voted no and Commissioner Vanderbilt-Linares absent), to continue the subject request to the August 23, 2004, Planning Commission meeting in order for staff and the applicant fo address issues raised at today's public hearing. Vote on Motion: 5-1 (Commissioner Buffa voted no and Commissioner Vanderbilt- Linares absent) DISCUSSION TIME: 56 Minutes (3:26-4:22) • • 08-09-04 Page 20 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES ~ 8a. CEQA Neqative Declaration 8b. Waiver of Code Reauirement 8b. Conditional Use Permit No. 2871 (Tracking No. CUP2004-04872) Owner: Connelly S. Cornelia, 2323 West Broadway, Anaheim, CA 92804 Agent: Ron Sorenson, HGA Inc., 1613 Santa Clara Drive, Roseville, CA 95661 Location: 2323 West Broadwav. Property is approximately 6.5 acres, having a frontage of 454 feet on the north side of Broadway, located 860 feet east of the centerline of Gilbert Street (Cornelia Connelly High School). Request to construct a new gymnasium in conjunction with an existing private educational institution with waiver of maximum structural height adjacent to a residential zone boundary. Conditional Use Permit Resolution No. Continued to August 23, 2004 sr8756dh.doc Chairperson Eastman announced that Item No. 8 was a continued item and asked if anyone wished to • speak on the item. Four people wished to speak on the item. THE PUBLIC HEARING WAS OPENED. Chuck Burnes, 2341 W, Transit Avenue, Anaheim, stated they received information in the mail but it didn't state anything about the location or size of the proposed gymnasium. Greg McCafferty, Principal Planner, stated that the Planning Commission also had not received a full staff report because the applicant had requested a continuance until August 23, 2004. He explained that tF~e Case Planner, John Ramirez in the Planning Department, was the contact person for the case and would be able to address any questions. Mr. Burnes also stated concern with a drainage hole under the wall onto Transit Avenue and water coming through continuously. James Ling, Associate Civil Engineer, stated there is an existing drainage easement along the property line, on the west side of the high school and north of that, is a new development, an 82 Residential Subdivision, that uses the drainage easement. Wayne Johnson sfated concerns with construction at the neighboring school and wished to know if a work permit had been issued. Alfred Yalda, Principal Transportation Planner, stated that there were two permits on the job; a TI permit (Tentative Improvement) and a buifding permit. Jan Hines, 202 S. Corner Street, stated that the volleyball courts were in her backyard and she was concerned about the noise level, and constantly getting volleyballs, softballs, trash, cans, pill bottles, and • even clothes over her fence. 08-09-04 Page 21 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES ~ Chairperson Eastman asked the speakers to speak with the planner so that their concerns could be incorporated in the staff recommendations for the Planning Commission Meeting on August 23, 2004. FOLLOWING IS A SUMMARY OF THE PLANNING COMMtSSION ACTION. OPPOSITION: 3 people spoke with concerns/questions pertaining to the subject request. IN GENERAL: One person spoke unrelated to the subject request. ACTION: Commissioner Flores offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner Vanderbilt-Linares absent), to continue the subject request to the August 23, 2004, Planning Commission meeting as requested by the petitioner in order to allow time to prepare a Water Quality Management Plan and modification to exhibits to reflect the colors and materials proposed for the new gymnasium. VOTE: 6-0 (Commissioner Vanderbilt-Linares absent) DISCUSSION TIME: 13 Minutes (1:44-1:57) ~ ~ 08-09-04 Page 22 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES ~ • 9a. CEQA Neaative Declaration Approved 9b. Reclassification No. 2004-00126 Granted 9c. Variance No. 2004-04619 Granted 9d. Tentative Parcel Map No. 2004-137 Approved (Tracking No. SUBTPM20Q4-137) Owner: Sarkis Balikji, 1429 West Crone Avenue, Anaheim, CA 92802 Agent: Mamdouh Mina, 9849 East Flower Street, Suite D, Bellflower, CA 90706 Location: 1429 West Crone Avenue. Property is approximately 0.45-acre, having a frontage of 70 feet on the north side of Crone Avenue, located 38 feet east of the centerline of Hampstead Street. Reclassification No. 2004-00126 - Request reclassification of the subject property from the T(Transition) formerly RS-A-43,000 (Residential/Agricultural) zone to the RS-2 (Single-Family Residential) zone (formerly RS-7200). Variance No. 2004-04619 - Request waiver of minimum lot frontage on a public or private street for a two-lot RS-2 single-family residential subdivision. Tentative Parcel Map No. 2004-137 - Request to establish a two-lot, 2- unit detached RS-2 single-family subdivision. Reclassification Resolution No. PC2004-88 Variance Resolution No. PC2004-89 sr8763gk.doc Chairperson Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 9. Applicant's Testimony: Mamdouh Mina, 9849 E. Flower Street, Suite D, Bellflower, CA, representing the owner, stated agreement with staff's recommendations. Public Testimony: Mariann Vlaailek, 1426 W. Crone Avenue, Anaheim, expressed concern with parking in an already densely populated area. She asked what sort of adequate parking would be available for the subject proposal in order to alleviate overflow parking. Khing Chow, 1422 W. Crone Avenue, Anaheim, stated the same parking concerns as Ms. Vlaailek and asked about available parking spaces. • 08-09-04 Page 23 of 28 AUGUST 9, 2004 PLANNING COMMIS510N MINUTES . Mr. Mina addressed the parking issue and gave some clarification regarding off-street parking; size of the subject lot; and parking spaces required. He stated the property is zoned RS-2 and was formerly RS- 7200. THE PUBLIC HEARING WAS CLOSED. Commissioner Buffa referred to the site plan, the newly created lot in the back, and asked if the back corner touches the public right-of-way on Damon Avenue. Mr. Mina responded yes, but he could not have access to that area because it belonged to someone else. Commissioner Buffa stated she understands a driveway could not be put there, and asked if there could be a pedestrian access/gate to the back corner for emergency responses. Mr. Mina responded no because part of the property belonged to the next-door neighbor and he would need permission from the owner. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 2 people spoke regarding parking concerns. ACTION: Approved CEQA Negative Declaration • Granted Reclassification No. 2004-00126 to reclassify this property from the T(Transition) zone to the RS-2 (Residential, Single-Family) zone; and adoption of the resofution attached to the staff report dated August 9, 2004, including the findings and conditions contained therein. Granted Variance No. 2004-04619 approving waiver pertaining to minimum lot frontage on a public or private street; and adoption of the resolution attached to the staff report dated August 9, 2004, including the findings and conditions contained therein. Approved Tentative Parcel Map No. 2004-137 (to establish a two-lot, 2-unit detached RS-2 single-family residential subdivision) including the conditions attached to the staff report dated August 9, 2004. VOTE: 7-0 Mark Gordon, Deputy City Attorney, presented the 10-day appeal rights ending at 5:00 p.m. on Tuesday, August 19, 2004 for the Tentative Parcel Map and the 22-day appeal rights ending at 5:00 p.m. on Tuesday, August 31, 2004 for the Reclassification and Variance. DISCUSSION TIME: 14 Minutes (4:23-4:37) • (Commissioner Vanderbilt-Linares arrived at 4:30 p.m.) 08-09-04 Page 24 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES ~ 10a. CEQA Mitiqated Neqative Declaration Continued to 10b. Reclassification No. 2003-00109 Wednesday, 10b. Tentative Tract Map No. 16545 September 8, 2004 Owner: Red Curb Investments, P.O. Box 995, Torrance, CA 90508 Agent: Thomas Hartley, 29462 Thackery Drive, Laguna Niguel, CA 92677 Location: Property is approximately 53 acres, having a frontage of 190 feet at the terminus of Avenida de Santiago, located 260 feet west of the centerline of Pointe Premier (No address). Reclassification No. 2003-00109 - Request reclassification of the property from the T(SC) (Transition; Scenic Corridor Overlay) formerly the RS-A-43,000(SC) (Residential/Agricultural; Scenic Corridor Overlay) zone to the RH-2(SC) (Single-Family Hillside Residential; Scenic Corridor Overlay) and OS (SC) (Open Space; Scenic Corridor Overlay) zones. Tentative Tract Map No. 16545 - Request to establish a 28-lot, 21-unit detached single-family subdivision. Reclassification Resolution No. sr8762av.doc • • • ~ ~- • ~ • • ~ • OPPOSITION: None ACTION: Commissioner Flores offered a motion, seconded by Commissioner Buffa and MOTION CARRIED (Commissioner Vanderbilt-Linares absent), to continue the subject request to the September 8, 2004, Planning Commission meeting as requested by the petitioner in order to readvertise this project to include a request for a variance of the required private street standards and to respond to comments received regarding the Mitigated Negative Declaration. VOTE: 6-0 (Commissioner Vanderbilt-Linares absent) DISCUSSION TIME: This item was not discussed. • 08-09-04 Page 25 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINU7ES ~ 11 a. CEQA Cateaorical Exemption - Class 11 Concurred with staff 11 b. Variance No. 2004-04618 Granted Owner: Ismos Investment Company, 11875 West Olympic Boulevard, Los Angeles, CA 90064 Agent: Martin Ross, 3845 East Coronado Street, Anaheim, CA 92807 Location: 3845 East Coronado Street. Property is approximately 6.3 acres, having a frontage of 385 feet on the north side of Coronado Street, located 509 feet east of the centerline of Jefferson Street. Request waiver of maximum size of freestanding sign. Variance Resolution No. PC2004-90 sr3077ey.doc Chairperson Pro-Tempore Romero opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 11. ApplicanYs Testimony: • Martin Ross, 3845 E. Coronado St., Anaheim, CA, representing Crest National, stated they are asking for a variance to allow the presence of a sign that has been in place since 1990. The building was occupied by Seagate Technologies in approximately 1984 or 1985. In 1990 as far as they could ascertain, Seagate placed its name on the structure abutting on Coronado Street with the address of the building. This remained in place until October of 2001 when Seagate vacated the structure and the structure was then leased by Concorde Manufacturing. Concorde removed Seagate's name from the sign and replaced it with their own name and logo. Ronald Stein, 3845 E. Coronado St., Anaheim, CA, C.E.O. of the company, stated they are really excited about their growing company and meant no malice in putting up the sign. They thought it was appropriate and wanted to apologize if they inadvertently overstepped any rules or regulations, but because there was a sign there already they thought that it would be okay. Roy Rambo, 3845 E. Coronado St., Anaheim, CA, stated he has been in the building from the original Seagate building when Seagate first moved in and built the entire building, and a few years after that they put the sign up, and because Crest National did not have any pictures of the original sign he was present to confirm that Seagate did have their sign there for many years before moving out of the facility. THE PUBLIC HEARING WAS CLOSED. Commissioner Velasquez asked if when coming in front of the building from the right hand side would the arches block the sign in the back. Mr. Ross responded yes, there are mature trees and landscaping that has grown in and the front of the building cannot be seen from Coronado Street. Once passing the architectura! sign however, the logo sign can be seen on the building. ~ Commissioner O'Connell stated that Crest National is a substantially large company that has brought 345 employees to Anaheim and he did not wish to see them get off on the wrong foot with the City because 08-09-04 Page 26 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES , Anaheim was trying to be very business friendly in the recent pass and in the future, but in listening to the historical circumstances he would be willing to allow the sign with the stipulation that prohibited a monument sign along the street frontage. Commissioner Vanderbilt-Linares stated that because this is a variance Commission has to make findings that do not touch on the benefits that the company provides but has to spell out the special circumstances that are applicable to this property which would create a hardship or make practical difficulties. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Vanderbilt- Linares 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 11 (Accessory Structures), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Granted Variance No. 2004-04618 approving waiver pertaining to maximum size of freestanding sign based upon the testimony presented at today's public hearing pertaining to the unusual depth of the lot relative to iYs width and that the building has a deep setback from Coronado Street thereby limiting visibility from the street, and that the freestanding architectural features further restrict visibility of the building from the street; • and subject to the conditions of approval as stated in the staff report dated August 9, 2004, and incorporating those conditions into a resolution, with the following modifications: Modified Condition No. 2 to read as follows: 2. That no other signage, except that existing, shall be affixed to the architectural structures. Additionally, that no further wall signs and/or monument signs shall be permitted on the property. Any change in the existing signage shall be reviewed and approved by the Planning Services Division staff. VOTE: 6-1 (Commissioner Flores voted no) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, August 31, 2004. DISCUSSION TIME: 29 Minutes (4:38-5:07) • 08-09-04 Page 27 of 28 AUGUST 9, 2004 PLANNING COMMISSION MINUTES ~ MEETING ADJOURNED AT 5:08 P.M. TO MONDAY, AUGUST 23, 2004 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. • • Respectfully submitted: ~ ~~ Pat Chan ler, Senior Secretary Received and approved by the Planning Commission on , 2004. 08-09-04 Page 28 of 28