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Minutes-PC 2004/09/08• ~~O~i, ~~ ~ ~~ /~E~~, ~~ c,~ _ ~ f~ ~ ~ _ ~ CITY OF ANAHEIM Planning Commission M i n utes WEDNESDAY, SEPTEMBER 8, 2004 ~ • ~0~~~~ ~ND ED~ Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRMAN: GAIL EASTMAN Commissioners Present: CECILIA FLORES, JERRY O'CONNELL, DAVID ROMERO, JAMES VANDERBILT-LINARES, PAT VELASQUEZ Commissioners Absent: KELLY BUFFA Staff Present: Mark Gordon, Deputy City Attorney Greg Hastings, Planning Services Manager Greg McCafferty, Principal Planner Alfred Yalda, Principal Transportation Planner James Ling, Associate Civil Engineer Pat Chandler, Senior Secretary Danielle Masciel, Word Processing Operator Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 10:00 a.m. on Friday, September 3, 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, August 12, 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 SEPTEMBER 8, 2004 AGENDA • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 1:30 P.M. For record keepinq purposes, if vou wish to make a statement reqardinp anv item on the aqenda, p/ease complete a speaker card in advance and submit it to the secretary. • Pledge Of Allegiance: Commissioner Romero • Public Comments • Consenfi Calendar • Public Hearing Items • Adjournment You may leave a message for the Planning Commission using the following e-mail address: planninqcommission(cr~.anaheim.net H:\DOCS\CLERICAL\MI NUTES~AC090804.DOC SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES r ~ ~ Anaheim Planning Commission Agenda -1:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. Sharon McCracken made general comments not relating to any land use issues. Discussion ltem: vote: 6-0 To discuss the possibility of changing the Planning Commission meeting time. (Commissioner Buffa (Motion) absent) Greg McCafferty, Principal Planner, introduced the discussion item continued from the August 23, 2004 Commission meeting. Commissioner Vanderbilt-Linares reported he had reviewed the Anaheim Council meeting during which Mayor Pringle requested that alt Boards and Commissions examine their meeting times to ensure their ability to attract members who might otherwise not be available during working hours. Chairman Eastman asked staff for the average Planning Commission meeting time. Greg Hastings, Planning Services Manager, responded that three and one-half hours was an average meeting length for the public hearing portion of the Commission meeting. Chairman Eastman recommended the meetings not end routinely at 7:00 P.M. or later and suggested the preliminary meeting begin no later than 12:30 or 1:00 P.M. Greg McCafferty suggested the information meeting begin at 1:30 P.M. with the public hearing to follow at 2:30 P.M. Commissioner Vanderbilt-Linares felt the public would be better accommodated if the public hearing occurred later in the day. Commissioner O'Connell offered a motion, seconded by Commissioner Vanderbilt-Linares to begin the Planning Commission information session at 1:30 P.M. and the public hearing portion at 3:00 P.M. DURING THE MOTION: Commissioner Romero felt 3:00 P.M. was too late as the meetings would then routinely end at 7:00 P.M. or later. Commissioner Velasquez suggested a start time of 1:00 to 2:00 P.M., a break of 15 minutes and then to begin the public hearings at 2:15 P.M. Commissioner Flores felt at least a 30 minute break was needed to allow staff time to research should questions arise. Commissioner O'Connell rescinded his earlier motion and offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner 09-08-04 Page 2 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES ~ Buffa absent) to begin the Planning Commission preliminary sessions at 1:00 P.M. and the public portion of the meetings at 2:30 P.M, effective October 18, 2004. UNANIMOUSLY APPROVED. ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner Buffa absent), to begin the preliminary meeting at 1:00 p.m. and the public meeting at 2:30 p.m., effective October 18, 2004. Consent Calendar: The Report and Recommendation items 1-A through 1-G 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 O'Connell offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner Buffa absent), for approval of Consent Calendar items (1-A through 1-G) as recommended by staff. UNANIMOUSLY APPROVED. Reports and Recommendations • r ~ ~_J A. (a) General Plan Conformitv No. 2004-00037 - Request To Determine Determined to be in Conformance With The Anaheim General Plan For A Donated conformance with the Lease Aareement Anaheim General Plan. Agent: John Beck, County of Orange Health Care Agency, (Vote: 6-0, Commissioner 405 West 5th Street, Room 754, Santa Ana, CA 92701 Buffa absent) Location: 2180 West Crescent Avenue, Suite A Requests determination of conformance with the Anaheim General Plan for a Donated Space Agreement of office space for a Women, lnfants and Children (WIC) Program through the County of Orange Health Care Agency. ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner Buffa absent), that the Anaheim City Planning Commission does hereby determine that the County's proposal to enter into a Donated Space Agreement for a WIC Program located at 2180 West Crescent Avenue, Suite A, 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 af an early time. (The 40-day time limitation as required by Section 65402(b) of the Government Code requires the City to act on this item by September 22, 2004, as the application was submitted on August 13, 2004, for the subject request.) sr8771 mn.doc 09-08-04 Page 3 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES u B. (a) Conditionai Use Permit No. 275 (Tracking No. CUP2004-04862) Agent: Randal Kimoto, 42 Corporate Park, Suite 250, Irvine, CA 92606 Location: 119 West Ball Road Requests termination of Conditional Use Permit No. 275 (to construct a walk-up restaurant). Termination Resolution No. PC2004-93 • ~ Terminated (Vote: 6-0, Commissioner Buffa absent) sr3079ey.doc 09-08-04 Page 4 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES ~ C. (a) Conditional Use Permit Nos. 360 & 980 (Tracking No. CUP2004-04904) Agent: John Pedicini, J&P Development, 20051 S.W. Cypress Street, Newport Beach, CA 92660 Location: 2820 West Ball Road Requests termination of Conditional Use Permit No. 360 (to permit unit 1 of a shopping center to be used as a Hofbrau) and Conditional Use Permit No. 980 (to permit on-sale liquor in addition to beer and wine in conjunction with an expansion of an existing restaurant). Termination Resolution No. PC2004-94 C ~ • Terminated (Vote: 6-0, Commissioner Buffa absent) sr3080ey.doc 09-08-04 Page 5 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES ~ D. (a) Conditional Use Permit Nos. 379 & 3436 Terminated (Tracking No. CUP2004-04903) Agent: John Ward, P.O. Box 4304, Carson, CA 90749 (Vote: 6-0, Commissioner Buffa absent) Location: 736 South Beach Boulevard and 2966 West Stonybrook D rive Requests termination of Conditional Use Permif No. 379 (to construct a service station) and 3436 (to construct a four story, 61-unit motel, including a manager's unit). Termination Resotution No. PC2004-95 sr3081ey.doc • • 09-08-04 Page 6 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES ~~ J E. (a) Conditional Use Permit No. 4051 (Tracking No. CUP2004-04905) Agent: Paul Rothenberg, Canyon Consulting, 4665 MacArthur Court, Suite 200, Newport Beach, CA 92660 Location: 1750 West Penhall Way Requests termination of Conditional Use Permit No. 4051 (to permit a 10,644 square foot 2 story expansion of an existing 13,165 square foot telecommunications switching station and to construct a maximum 65 foot high roof-mounted telecommunications tower). Termination Resolution No. PC2004-96 ~ i Terminated (Vote: 6-0, Commissioner Buffa absent) sr3082ey.doc 09-08-04 Page 7 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES ~ F. Receiving and approving the Minutes from the Planning Commission Meeting of August 23, 2004 (Motion) ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Romero and MOT10N CARRIED (Commissioner Buffa absent), that the Anaheim City Planning Commission does hereby receive and approve the minutes for the Pianning Commission meeting of August 23, 2004, G. Receiving and approving Supplemental Detailed Minutes for Item No. 3, Conditional Use Permit No. 2004-04857, from the Planning Commission Meeting of August 23, 2004, scheduled to be heard as a public hearing item before City Council on Tuesday, September 28, 2004. (Motion) ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner Buffa absent), that the Anaheim City Planning Commission does hereby receive and approve the Suppiementat Detailed Minutes for Item No. 3 from the Planning Commission Meeting of August 23, 2004. • ~ Approved (Vote: 6-0., Commissioner Buffa absent) Approved (Vote: 6-0, Commissioner Buffa absent) 09-08-04 Page 8 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES ~ Public Hearina Items: 2a. CEQA Neqative Declaration Continued to 2b. Reclassification No. 2004-00124 November 1, 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-1200) 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 and August 9, 2004, Planning Commission Meetings. sr2161ds.doc Reclassification Resolution No. 09-08-04 Page 9 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES ~ OPPOSITION: None ACTION: Commissioner Flores offered a motion, seconded by Commissioner Vanderbilt-Linares and MOTION CARRIED (Commissioner Buffa absent), to continue the subject request to the November 1, 2004, Planning Commission meeting as requested by the petitioner in order to continue to work with affected property owners. VOTE: 6-0 (Commissioner Buffa absent) DISCUSSION TIME: This item was not discussed. ~ C~ 09-08-04 Page 10 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES ~ 3a. CEQA Mitiqated Neqative Deciaration (Readvertised) Continued to 3b. Reclassification No. 2003-00109 September 20, 2004. 3c. Variance No. 2004-04626 3c. Tentative Tract Map No. 16545 Owner: Red Curb Investments, P.O. Box 995, Torrance, CA 90508 Agent: Thomas Hartley, 29462 7hackery 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. Variance No. 2004-04626 - Request waiver of required private street standards to construct a private residential street without sidewalks. Tentative Tract Map No. 16545 - Request to establish a 28-iot, 21-unit detached single-family subdivision. ~ Continued from the August 9, 2004, Planning Commission Meeting. Reclassification Resolution No. Variance Resolution No. sr8780av.doc OPPOSITION: None ACTION: Commissioner Flores offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner Buffa absent}, to continue the subject request to the September 20, 2004, Planning Commission meeting as requested by the petitioner in order for staff to respond to comments received regarding the Mitigated Negative Declaration. VOTE: 6-0 (Commissioner Buffa absent) DISCUSSION TIME: This item was not discussed. ~ 09-08-04 Page 11 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES . 4a. CEQA Neqative Declaration Continued to 4b. Waiver Of Code Requirement October 4, 2004 4c. Conditional Use Permit No. 2004-04882 Owner: Maris E. Vanags, 1510 North State College Boulevard, Anaheim, CA 92806 Agent: Scott Longhurst, Trillium Telecom, 3010 Old Ranch Parkway, Suite 210, Seal Beach, CA 90740 Location: 555 North State Colleqe Boulevard. Property is approximately 0.8-acre, located at the southwest corner of La Palma Avenue and State College Boulevard. Requesf to permit a freestanding telecommunications facility (disguised as a tree) with accessory ground-mounted equipment with waiver of minimum structural setback. ~ Conditional Use Permit Resolution No. sr8766dh.doc Greg McCafferty, Principal Planner, introduced Item 4. ApplicanYs Testimony: ~ Scott Longhurst, an agent of Trillium Telecom, 3010 Old Ranch Parkway, Seal Beach, CA, stated that the proposed facility would consist of three equipment cabinets to be located at the soufhwest corner of the property, adjacent to an existing trash enclosure, screened from public view by an 8 foot tall decorative block wall painted to match the existing exterior of the office building. There would be six panel antennas, to be arranged in three sectors of two antennas each, to be mounted on the new 55 foot tall palm tree pole. Sprint additionally proposed to plant three live new palm trees to help soften the appearance of the pole. Mr. Longhurst asked the Commission to grant the waiver to encroach into the required five foot rear and side yard setbacks to allow placement of the equipment cabinet, alleviating the need to remove any on-site parking. Public Testimony: James Cerami, 1900 E. La Palma Avenue, Anaheim, CA, stated opposition to the conditional use permit, citing aesthetic reasons and health concerns due to an 8 foot wall enclosure, 20 feet in length which would face his tenants; indicating graffiti would become a concern. He atso objected to cutting down the pine tree located in the corner of the proposed property; provided information on radio frequency waves; and expressed concern that this site was in close proximity to a daily pre-school located on the neighboring church property. Richard Purvis, chairman of the board of directors of the First Congregational Church, stated opposition to the conditional use permit c+ting aesthetic grounds and expressed health concerns for the 110 pre- schoolers spending all day within close proximity to the radio waves. Sharon McCracken spoke on a matter unrelated to the item. App(icanYs Rebuttal: • Mr. Longhurst stated that the antennas would be ~ocated within a landscaped area in the parking lot and only the equipment facility would be located in the southwest corner. He was unaware of removal of a pine tree and would review that issue, as he would be opposed to any tree removal. He also commented 09-08-04 Page 12 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES ~ that Sprint was regulated by the FCC and their equipment met those standards. Additionally, Sprints equipment met the IEEE standards for exposure to the general public and was also regulated by the California Public Utilities Commission, and further pointed out this site would operate at many times lower than what the allowable emission standards were. THE PUBLIC HEARING WAS CLOSED: Commissioner Vanderbilt-Linares asked if staff would have been more supportive if the cabinet was closer to the antenna or if that was part of the reason for the recommendation of denial. Greg McCafferty responded that was not the reason for denial, however if the carrier were able to locate the antennas on the building, staff could be more supportive of the proposal, as long as State regulations were met. Commissioner Flores recommended a continuation of this process, rather than a denial, ~ndicating she would prefer a roof-mounted antenna, in light of the nearby school. She recommended Sprint meet with planners and neighbors to come up with a suitable proposal. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: Two people spoke in opposition to the subject request. IN GENERAL: A person spoke with concerns (Ms. McCracken) • T V r ilt- in res AC ION: Commissioner Flores offered a motion, seconded by Commissioner ande b L a and MOTION CARRIED (Commissioner Buffa absent), to continue the subject request to the October 4, 2004, Planning Commission meeting, in order for staff to work with the consultant to attempt to find a more suitable installation for the telecommunications facility. VOTE: 6-0 (Commissioner Buffa absent) DISCUSSION TIME: 32 minutes (2:05-2:37) C~ 09-08-04 Page 13 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES ~ 5a. CEQA Neqative Declaration 5b. Waiver Of Code Requirement 5c. Conditional Use Permit No. 2004-04884 Owner: Sonfarrel, Inc, 3000 East La Jolia Street, Anaheim, CA, 92806 Agent: Chuck Meyer, C.A.D.E., 1320 North Tustin Avenue, Anaheim, CA 92807 Location: 3001 East Miraloma Avenue. Property is approximately 1.96 acres, having a frontage of 20 feet on the north side of Miraloma Avenue, located 696 feet east of the centerline of Red Gum Street. Request to permit the outdoor storage of automobiles with waiver of minimum number of parking spaces. Conditional Use Permit Resolution No. PC2004-97 Greg McCafferty, Principal Planner, introduced Item No. 5. Applicant's Testimony: Approved Approved Granted for 5 years (to expire on September 8, 2009} sr8768dh(1).doc Dennis McCullough, representing California Auto Dealers Exchange (C.A.D.E.) 30th Street Architects, • 2821 Newport Boulevard, Newport Beach, CA, requested a conditional use permit to store automobi(es on a flag lot that would be fully fenced with no cars visible from the street. He stated that Condition No. 11 indicated the driveway was to be reconstructed for a 10 foot radius curb, and since that curb presently existed, he believed it would not require reconstruction. He also stated that drawings would be submitted for an electrical permit to meet Condition No. 13. He wished to correct an error in Condition No. 16 as C.A.D.E. was not a"new" car dealer, but resold lease turn-ins of late model used cars to used car dealers; and in reference to Condition IVo. 17, an address sign would be placed on the gate visible from the street. Paul Kott, representing C.A.D.E with respect to the lease transaction, 1225 West Lincoln Avenue, Anaheim, CA, stated that the firm was not new to the area and had two other nearby sites with a lease from the property owners for five years and with the conditional use permits from the City consistent with the 5-year leases. With the type of tenant improvements required, neither the property owner nor C.A.D.E. were interested in less than a 5-year agreement and Mr. Kott asked that,the proposed conditional use permit be no exception to actions taken by the Commission in the past. Sharon McCracken spoke on an unrelated matter. THE PUBLIC HEARING WAS CLOSED. Commissioner Vanderbilt-Linares indicated his support for this request. Commissioner Fiores asked why the driveway entrance was not being paved. Mr. McCullough stated if the area was paved, C.A.D.E. would be required to submit a best practices water quality management study that would require storm drains and drainage to the public utilities. He • indicated that the cost and time required for that was prohibitive and the site was in an area where drainage was also intermingled with other properties. He understood there was a condition prohibiting parking on the driveway and stated the guardhouse would only be manned during the day. 09-08-04 Page 14 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES ~ Commissioner Velasquez requested staff address the changes the app(icant requested in the Draft Resolution. Mr. McCafferty was supportive of the change to a five year conditiona! use permit beginning on September 8, 2004 and ending September 8, 2009. James Ling, Associate Civil Engineer, referenced the driveway approach condition stating it was a general condition placed on the permit in case, after inspection, it was determined that the driveway was not in good shape and must be reconstructed. Inspections, he explained, generally occurred after projects were approved. ~lA R~P14 h [ei ti'~~l+'i~1171P11!1:a L~] ~ /:I ~J ~_1-1-~1 h [KK~]PIIJI l [•'i+'i [~7- I_~y ~ [~ OPPOSITION: None IN GENERAL: A person spoke with concerns (Ms. McCracken). ACTION: Approved CEQA Negative Declaration Approved Waiver of Code Requirement pertaining to minimum number of parking spaces. Granted Conditionai Use Permit No. 2004-04884 (to permit the outdoor storage of automobiles with waiver of minimum number of parking spaces} for a period of five (5} years, to expire on September 8, 2009; and adoption of the resolution attached to the staff report dated September 8, 2004, including the findings and conditions contained therein, with the following modifications: ~ Corrected the caption of the Draft Resolution to read as follows: A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04884 BE GRANTED (~39~ 3001 EAST MIRALOMA AVENUE) Modified Condition Nos. 1, 16 and 20 to read as follows: That the temporary storage of new automobiles is approved for a period of #~ea-(~-} five (5) years to expire on September 8, ~9A~ 2009. 16. That no activity other than t~ew~ehisle automobile storage shall occur on the property. No vehicle repair, sales, rental, washing, detailing and/or salvage shall be permitted. 20. That prior to the commencement of the activity authorized by the resolution, or within one (1 } year from the date of this resolution, whichever occurs first, Condition Nos. 3, 8, 9, 11, 13, 14, 15 and 19, herein-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.40.040.040 and 98.42.040.010 of the Anaheim Municipal Code. VOTE: 6-0 (Commissioner Buffa absent) Mark Gordon, Deputy City Attorney, presented the 22-day appea! rights. • DISCUSSION TIME: 16 minutes (2:38-2:54) 09-08-04 Page 15 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES ~ 6a. CEQA Neqative Declaration 6b. Conditional Use Permit No. 2004-04878 Owner: Nell Genovese, 269 Evening Canyon Road, Corona Del Mar, CA 92625 Agent: Oscar Palafox, P.O. Box 1419, Placentia, CA 92871 Location: 1352 North Milier Street. Property is approximately 0.89- acre, having a frontage of 132 feet on the east side of Miller Street, located 658 feet north of the centerline of Mirafoma Avenue. Request to permit and retain a paflet repair and storage yard and a landscape contractor's storage yard. Conditional Use Permit Resolution No. Greg McCafferty introduced Item No. 6. ApplicanYs Testimony: Continued to November 1, 2004 sr8772cf.doc Fred Tanberg, representing the applicant, 269 Evening Canyon Road, Corona del Mar, CA, stated that Zack Pallets had occupied and been in business at that location for the last 13 years and through an • oversight, had done so without a conditional use permit. After complying with a significant code violation in a timely manner, the oversight would be corrected and a conditional use permit was required. As he did not have a copy of the required conditions, a copy was supplied to him and Chairman Eastman suggested Mr. McCullough take the time to read the conditions and the item was trailed following Item No. 12. THE PUBLIC HEARING WAS CLOSED. With the consensus of the Commission, this item was trailed to the end of the meeting to allow the applicant time to review the conditions of approval. At 3:30 P.M., the Commission returned to this matter. Mr. Tanberg requested the matter be continued to November 1 St in order for the tenant to review his financial modules to determine if the street improvements were financially feasible. Mr. McCafferty stated staff would work with the property owner or the applicant to find a suitable solution. James Ling, Associate Civil Engineer, stated he had an opportunity to talk to the applicant and the Traffic and Transportation Department would not be requiring relocation of the curb. Mr. McCafferty stated there was a provision in the Code that pertained to required dedication and improvement of right-of-ways and staff would revisit that to apprise the Commission of what their options are for the November 1 St meeting. Deputy City Attorney, Mark Gordon, recommended reopening the public hearing and continuing the hearing to November 1, 2004. • THE PUBLIC HEARING WAS REOPENED. • • ~ ~- • ~ • • ~ • 09-08-04 Page 16 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES ~ OPPOSITION: None ACTION: Commissioner Romero offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Buffa absent), to continue the subject request to the November 1, 2004, Planning Commission meeting as requested by the petitioner in order to work with staff on the conditions of approval. VOTE: 6-0 (Commissioner Buffa absent) DISCUSSION TIME: 11 minutes (2:55-3:00) trailed (3:41-3:47) This item was trailed at 3:00 p.m. (In order to allow the applicant time to read the conditions & to allow staff the opportunity to speak with him.J The public hearing reconvened following Item No. 92. ~ s 09-08-04 Page 17 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES ~ 7a. CEQA Neqative Declaration (Previously-Approved) Approved 7b. Conditional Use Permit No. 3511 Approved reinstatement (Tracking No. CUP2004~04879) with deletion of time limitation Owner: Spieker Properties, LP, 17320 Red Hill Avenue, #165, Irvine, CA 92614 Agent: Gayla Weisman, Reef Reit America II, 1630 South Sunkist Street, Anaheim, CA 92806 Location: 1531 South Sinclair Street. Property is approximately 0.89-acre, having a frontage of 140 feet on the west side of Sinclair Street, located 395 feet south of the centerline of Cerritos Avenue (Stadium Vineyard Church). Request for reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on October 11, 1999 to expire October 11, 2004) to retain a church. Conditional Use Permit Resolution No. PC2004-98 sr5113jr.doc Greg McCafferty, Principal Planner, introduced Item No. 7. Applicant's Testimony: ~ Glenn Reese, board of Trustees of Stadium Vineyard Christian fellowship, 14791 Alder Lane, Tustin, CA, stated that he was available for questions. THE PUBLIC HEARING WAS CLOSED. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Romero offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner Buffa 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 this request. Approved the request for reinstatement of Conditional Use Permit No. 3511 (Tracking No. CUP2004-04879) to retain a church without a time limitation; and adoption of the resolution attached to the staff report dated September 8, 2004, including the findings and conditions contained therein. VOTE: 6-0 (Commissioner Buffa absent) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights. • DISCUSSION TIME: 3 minutes (3:01-3:04) 09-08-04 Page 18 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES ~ 8a. CEQA Neqative Declaration (Previouslv-Approved) Approved 8b. Conditional Use Permit No. 3235 Approved amendment (Tracking No. CUP2004-04880) to exhibits Owner: Hardin Oldsmobile, Inc., 1381 South Auto Center Drive, Anaheim, CA 92806 Agent: Bill Pettett, Harris Architects, 2120 Main Street, Suite 230, Huntington Beach, CA 92648 Location: 1381 East Auto Center Drive. Property is approximately 2.34 acres, located north of the westerly terminus of Auto Center Drive, having a frontage of 350 feet on the north side of Auto Center Drive, located 1,400 feet west of the centerline of Phoenix Club Drive (Hardin Honda). Request to amend previously-approved exhibits to construct a new display canopy and enclose an existing canopy within an existing automotive sales and repair facility. sr8779av.doc Conditional Use Permit Resolution No. PC2004-99 Greg McCafferty, Principal Planner, introduced Item No. 8. ApplicanYs Testimony: ~ Dennis Hardin, representing the applicant, 489 Westridge Circle, Anaheim, CA, stated that as the owner of Hardin Oldsmobile, he was available for questions. Sharon McCracken stated she had submitted written comments and amendments. THE PUBLIC HEARING WAS CLOSED. Commissioner Flores stated that vehicles could not be displayed on the lawn and the huge helium promotional balloons were not allowed. Mr. McCafferty confirmed that roof-mounted balloons or promotional balloons were not allowed, but staff would be more receptive to ground-mounted balloons and that special circumstance waivers were available in certain instances. • • • ~- • ~ • • ~ • OPPOSITION: None IN GENERAL: A person spoke with concerns (Ms. McCracken). ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Buffa 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 this request. • Approved the request for reinstatement of Conditional Use Permit No. 3235 (Tracking No. CUP2004-04880) to amend previously-approved exhibits to construct a new display 09-08-04 Page 19 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES ~ canopy within an existing automotive sales and repair facility; and adoption of the resolution attached to the staff report dated September 8, 2004, inciuding the findings and conditions contained therein, with the following modifications: Modified Condition No. 11 to read as follows: 11. That minimum five (5) gallon size shrubs shall be planted and maintained around the existing above-ground utility device along Auto Center Drive to screen it from public view. Said information shall be specifically shown on plan submitted for buitding permits. VOTE; 6-0 (Commissioner Buffa absent) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 6 minutes (3:05-3:11) ~ • 09-08-04 Page 20 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES ~ 9a. CEQA Mitiqated Neaative Declaration (Previousiv-Approved) 9b. Waiver Of Code Requirement 9c. Conditional Use Permit No. 2004-04881 Owner: Adolf P. Miller, 1859 North Random Drive, Anaheim, CA 92804 Elisa Stipkovich, 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805 Agent: Jerry Zomorodian, 301 South Anaheim Boulevard, Anaheim, CA 92805 Location: 315-327 South Anaheim Boulevard. Property is approximately 0.54-acre, located at the northwest corner of Elm Street and Anaheim Boulevard. Request to remodel an existing historical building and to establish a commercial retail center with an accessory auto detailing facility with waiver of minimum landscaped setback adjacent to an arterial highway. Conditional Use Permit Resolution No. . OPPOSITION: None Continued to September 20, 2004 sr2161 ds.doc ACTION: Commissioner Romero offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner Buffa absent), to continue the subject request to the September 20, 2004, Planning Commission meeting as requested by the petitioner in order to advertise a modification to the sign plan. VOTE: 6-0 (Commissioner Buffa absent) DISCUSSION TIME: This item was not discussed ~ 09-08-04 Page 21 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES i~ 10a. CEQA Cateaorical Exemption, Class 11 10b. Conditional Use Permit No. 2004-04877 Owner: Daniel Rosenberg, 255 South Euclid Street, Anaheim, CA 92802 Agent: Rafael Abuhadba, 1009 South Harbor Boulevard, Anaheim, CA 92805 Location: 255 South Euclid Street. Property is approximately 6.67 acres, located at the northwest corner of Euclid Street and Broadway (Daniel's furniture). Request to establish an accessory mobile food concession cart outside an existing furniture and appliance store. Conditional Use Permit Resolution No. PC2004-100 Greg McCafferty, Principal Planner, introduced item No. 10. Concurred with staff Denied sr3078ey.doc AppiicanYs Testimony: Mariaelena Colina, mobile food cart owner at Daniel's Home Center, 255 South Euclid Street, Anaheim, CA, stated that the mobile food cart was to target low, medium and high income patrons. She stated that there was space available to place the food cart outside next fo the main entrance, but it would not be ~ visible from the street. THE PUBLIC HEARING WAS CLOSED. Commissioners Romero and Flores concurred with staff, that if Daniel's Furniture store wished to serve the community by offering food, they could do so by placing the food cart inside the store. OPPOSITION: None ACTION: Commissioner Romero offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Buffa absent), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorica! 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 documentafion. Denied Conditional Use Permit No. 2004-04877 (to establish an accessory mobile food concession cart outside an existing furniture and appliance store) based upon the evidence submitted to the Commission, including the oral and written evidence presented at the public hearing; and adoption of the resolution attached to the staff report dated September 8, 2004, including the findings contained therein. VOTE: 6-0 (Commissioner Buffa absent) ~ Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 7 minutes (3:12-3:19) 09-08-04 Page 22 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES '_~ 11a. CEQA Nectative Declaration 11 b. Variance No. 2004-04627 11 c. Tentative Tract Map No. 16672 Owner: Norio Uyematsu, 429 South Country Hill Road, Anaheim, CA 92808 Agent: Hidden Hills Estates, LLC, 18242 McDurmott, Suite H, Irvine, CA 92614 Location: 429 South Countrv Hill Road. Property is approximately 3.8 acres, having a frontage of 32 feet on the south side of Country Hill Road, located 354 feet east of the centerline of Old Ranch Road. Variance No. 2004-04627 - Request waiver of minimum private street width to construct a single-family residence. Tentative Tract Map No. 16672 - To estabiish a 5-lot, 5-unit detached single-family subdivision. Variance Resolution No. PC2004-101 ~ Commissioner Vanderbilt-Linares abstained from Item 11. Approved Granted Approved sr8769dh.doc Greg McCafferty, Principal Planner, introduced Item No. 11, and stated that Phillip DuJohn Rouche of 450 Via Visa, submitted correspondence in support of the project. Applicant's Testimony: Thom Falcon, representing the developer, was available for questions. Public Testimony: Mr. Vanderbilt Linares, 415 East Chartreuse Street, Anaheim, CA, stated he supported the project, indicating that he had grown up in the vicinity and when the Carbon Canyon fire occurred 25 years ago, emergency vehicles were able to access the top of the road with the existing road width. THE PUBLIC HEARING WAS CLOSED. Commissioner O'Connell was in favor of allowing the variance. He stated that the owner would not need a variance if there were four homes being constructed rather than five homes, and he emphasized the number of narrow streets presently in the neighborhood. Commissioner Flores concurred, but asked Public Works staff to comment as during the preliminary session, where there was some interest in determining if this particular property owner would work with the property owner to the south to see about combining both driveways into one wider driveway. Commissioner Romero was supportive of the project as submitted. James Ling, Public Works Department, commented this was a variance request to waive minimum street ~ length requirements. He indicated the street standards for five lots or more reflect a street easement requirement width of 40 feet and that for four lots or less, the standard was for a 20 foot wide access easement. The subject property could not get the 40 foot width required by the standard details so the development restricted based on the private street standards is four lots. 09-08-04 Page 23 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES ~ Applicant's Rebutta(: Mr. Falcon stated the size of the parcel under zoning could accommodate six lots. The change was discovered sometime well into the project and the developer had to delete one of the additional lots. He also commented that he intended to meet with the 11 adjacent owners to see if there would be a way to work out a combined driveway but wished to keep moving the process forward by getting the variance. He indicated the intent of the zoning was to keep that area rural which meant keeping the streets narrow and without sidewalks. Commissioner Eastman concurred that the unique shape of the parcel supports the project. OPPOSITION: None NV SUPPORT: A person spoke and a letter was received, prior to the meeting, in support of the request. ACTION: Approved CEQA Negative Declaration Granted Variance No. 2004-04627 (to construct (5) single-family homes with waiver of minimum private street width); and adoption of the resolution attached to the staff report dated September 8, 2004, inc~uding the findings and conditions contained therein, with the following modifications: ~ Modified Condition Nos. 4 and 8 as follows: 4. That all retaining walls must conform to Section 17.060.048 of Title 17. All retaining walls shall be landscaped and a drip watering irrigation system shall be installed. All walls supporting slopes over five feet high, from top of wall to top of slope, shall be constructed with a concrete drainage device at the back of the wall. Said information shall be specifically shown on plans submitted for Planning Services Division approval. 8. That an on-site trash truck turnaround shall be provided. Said information shall be specifically shown on plans submitted for Streets and Sanitation Division approval. Approved Tentative Tract Map No. 16672 (to establish a 5-lot, 5-unit detached single- family residential subdivision) including the conditions of approval attached to the staff report dated September 8, 2004, with the following modifications: Modified Condition No. 8 to read as follows: 8. That prior to approval of the final map, Condition Nos. 1, ~, 3, 4, 5 and 6, above mentioned, shall be complied with. ~ VOTE: 5-0 (Commissioner Vanderbilt-Linares abstained and Commissioner 8uffa absent) Mark Gordon, Deputy City Attorney, presented the 10-day appeal rights for the Tentative Tract Map and the 22-day appeal rights for the Variance. DtSCUSSION TIME: 13 minutes (3:20-3:33) 09-08-04 Page 24 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES ~ ~ ~ 12a. CEQA Neqative Declaration Approved 12b. Reclassification No. 2004-00132 Granted 12c. Yariance No. 2004-04624 Granted 12d. Tentative Parcel Map No. 2004-168 Approved Owner: Toan Nguyen, 2350 West 5th Street, Santa Ana, CA 92703 Location: 2040 West Broadwav. Property is approximately 0.5-acre, having a frontage of 100 feet on the south side of Broadway, located 132 feet west of the centerline of Camellia Street. Reclassification No. 2004-00132 - Request reclassification of the property from the T(Transition) zone to the RS-2 (Residential, Single- Family) zone or less intense zone. Variance No. 2004-04624 - Request waiver of required lot frontage on a public or private street to construct a new detached single-family residence. Tentative Parcel Map No. 2004-168 - Request to establish a 2-lot, 2-unit detached single-family residential subdivision. Reciassification Resolution No. PC2004-102 Variance Resolution No. PC2004-103 sr8782av.doc Greg McCafferty introduced Item No. 12. Appiicant's Testimony: Toan Nguyen, owner of property, was available for questions. David Boyle, David A. Boyle Engineering in Santa Ana, representing the property owner, requested the Commission consider the requirement for a roll up garage door. He stated that since the minimum setback was 25 feet, a roli-up door was not necessary; there was enough room for a slab door. Staff concurred with the request. Public Testimony: Jean Gazzolo, was opposed to the construction of a two story building, citing loss of privacy for his home which backed up to the building. THE PUBLIC HEARING WAS CLOSED. Commissioner Flores questioned the setback for the second unit. Mr. McCafferty stated that the property owner was not asking for any waivers from the development setbacks and the setback was normally 10-25 feet. He commented that any property owner in that area could construct a two-story home. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTiON. 09-08-04 Page 25 SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES ~ IN GENERAL: A person spoke with concerns pertaining to the possibility of a two-story home on the back lot (Lot No. 2). ACTION: Approved CEQA Negative Declaration Granted Reclassification No. 2004-00132 to reclassify this property from the T (Transition) zone to the RS-2 (Residential, Single-Family) zone; and adoption of the resolution attached to the staff report dated September 8, 2004, including the findings and conditions contained therein, with the following modifications: Modified Condition No. 1 to read as follows: 1. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the ~^^~^~;4;o;e~ Planning Services Division showing the legal vesting of title, a legal description and containing a map of the property. Granted Variance No. 2004-04624 (to construct a new detached single-family residence with waiver of minimum lot frontage on a public or private street); and adoption of the resolution attached to the staff report dated September 8, 2004, including the findings and conditions contained therein, with the following modifications: Modified Condition No. 15 to read as follows: ~ 15. That prior to final building and zoning inspections, Condition Nos. 6, 8 10, 11 and ~? 13, above-mentioned, shail be complied with. Deleted Condition No. 3. Approved Tentative Parcel Map No. 2004-168 (to establish a 2-lot, 2-unit detached single-family residential subdivision) including the conditions of approval attached to the staff report dated September 8, 2004, with the following modifications: Modified Condition Nos. 5 and 12 to read as follows: 5. Prior to the issuance of a grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. ~~ ~ 09-08-04 Page 26 REVISED SEPTEMBER 8, 2004 ~ PLANNING COMMISSION MINUTES 12. That prior to final parcei map approval, Condition Nos. ~-, 2, 3, 4, 7, 8, 9, a-9 ,~-1-, and 20, above-mentioned, shall be complied with. VOTE: 6-0 (Commissioner Buffa absent) Mark Gordon, Deputy City Attorney, presented the 10-day appeai rights for the Tentative Parcel Map ahd the 22-day appeal rights for the Reclassification and Variance. DISCUSSION TIME: 7 minutes (3:34-3:41) ltem No. 6 reconvened following the subject item. • • Mark Gordon, Deputy City Attorney, indicated that at the August 23`° meeting, Commissioner Vanderbilt-Linares raised an issue with respect to deletion of words "peace and general welfare" in connection with conditional use permit findings to convert muiti- , family units to condominiums. The Deputy City Attorney provided the following informatio'n to substantiate the deletion of those words. He believed the specific conditions, or the ' findings in the conditional use permit for conversion of multi-family units to condominiums were consistent with other provisions of the Anaheim Municipal Code related to non-first amendment uses. He stated that the words "peace and general weifare" were eliminated from Section 050 of Section 1866.060 dealing with conditional use permits which was recommended by the City Attorney's Office and Planning staff because it was felt that the standard was tob general when weighing or measuring a permit application pertaining to a first amendment use. He further stated that although these kinds of general standards were the type of things Planning Commissions generally consider in connection with a conditional use permit; that is, the peace and general welfare of the surrounding environment and more specifically, the physical and material well being of the area, it was felt that when deliberating a permit concerning a first amendment use, the standard needed to be more objective and definite to insure the delegation of authority to the administrative agency was not excessive and not invalid. Mr. Gordon pointed out it was felt that limiting consideration to health and safety issues alone provided more objectivity and definiteness when considering a conditional use permit for first amendment use. He remarked that despite this change, the Planning Commission could still consider matters such as parking, traffic, noise, odor and other nuisance problems under Subsection 020, Adverse Effect on Adjoining Land Uses and 040, Traffic Will Not Impose an Undue Burden. Mr. Gordon confirmed that the Commission still had the ability to consider nuisance effect on the surrounding environmenf while at the same time limiting its consideration on first amendment uses and was the reason for the requested change to Section 18.66. 09-08-04 Page 27 REVISED ~ SEPTEMBER 8, 2004 PLANNING COMMISSION MINUTES MEETING ADJOURNED AT 3:51 P.M. TO MONDAY, SEPTEMBER 20, 2004 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. ~I '~ • Respectfully submitted: ~ Pat Chandler Senior Secretary Received and approved by the Planning Commission on 5~e aw.~ r 2,Q 2004. 09-OS-04 Page 28