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CITY OF ANAHEIM
Planning Commission
Minutes
Mondav, September 20, 2004 ~
Council Chamber, City Hall
200 South Anaheim Boulevard, Anaheim, California
CHAIRMAN: GAIL EASTMAN
Commissioners Present: KELLY BUFFA, CECILIA FLORES, JERRY O'CONNELL,
DAVID ROMERO, JAMES VANDERBILT-LINARES, PAT VELASQUEZ
Commissioners Absent: NONE
Staff Present:
Mark Gordon, Deputy City Attorney
Greg Hastings, Planning Services Manager
Greg McCafferty, Principal Planner
Sergeant Michael Lozeau, Vice Detail
Susan Kim, Associate Planner
Alfred Yalda, Principal Transportation Planner
James Ling, Associate Civil Engineer
Elly Morris, Senior Secretary
Pat Chandler, Senior Secretary
Danielle Masciel, Word Processing Operator
Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 10:30 a.m.
on Friday, September 17, 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 26, 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 20, 2004 agenda
~
Recess To Afternoon Public Hearing Session
• Reconvene To Public Hearing 1:30 P.M.
For record keepinq purposes, if you wish to make a statement reqardinq anv item on the
~enda, p/ease complete a speaker card in advance and submit it to the secretar~
• Pledge Of Allegiance: Commissioner Buffa
• Public Comments
• Consent Calendar
• Public Hearing Items
• Adjournment
You may leave a message for the Planning Commission using the following
e-mail address: planninqcommissionCa~anaheim.net
H:\DOCS\CLERICAL\MI NUTES~AC092004. DOC
SEPTEMBER 20, 2004
PLANNING COMMISSION MINUTES
•
Anaheim Planning Commission Agenda -1:30 P.M.
Public Comments: None
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim City Pianning Commission or pubiic comments on agenda items with the exception of pubiic
hearing items.
Consent Calendar:
The Report and Recommendation items 1-A through 1-E on the Consent Calendar will be acted on by
one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the
motion unless members of the Planning Commission, staff or the public request the item to be discussed
and/or removed from the Consent Calendar for separate action.
ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION
CARRlED, for approval of Consent Calendar items (1-C through 1-E; Commissioner Buffa abstained from
Item 1-D) as recommended by staff. UNANIMOUSLY APPROVED. Consent Calendar Items (1-A and
1-B) were removed from the Consent Calendar for separate discussion.
Reaorts and Recommendations
~
A. (a) The Anaheim Resort Specific Plan Master EIR No. 313 2004 Approved
Validation Report - Request For Review And Approval:
(Vote: 7-0)
Agent: City of Anaheim, Planning Department, 200 S. Anaheim
Boulevard, Anaheim, CA 92805
Location: Located generally west of the Interstate 5(I-5) corridor,
south of Vermont Avenue, east of Walnut Street, and north
of Chapman Avenue.
Requests to approve the 2004 Validation Report to allow the continued
use of the Anaheim Resort Specific Plan Master EIR No. 313 along
with the associated Mitigation Monitoring Program No. 0085, as the
environmental documentation required by California Environmental
Quality Act (CEQA) and the State CEQA Guidelines for projects within
the Anaheim Resort Specific Plan No. 92-2 area.
Environmental Impact Report No. PC2004-104
(This item was pulled from the Consent Calendar for separate sr8791 fj.doc
discussion.)
Commissioner Vanderbilt-Linares asked for clarification regarding the procedures used for preparation of
updating an EIR. He spoke regarding the issue of fireworks and asked if it would only focus on new uses
that are requested following the approved EIR No. 313.
s
Linda Johnson, Principal Planner, stated the Master EIR Validation Report focuses on Master EIR No.
313 which was certified in 1994 in conjunction with the approval of The Anaheim Resorts Specific Plan,
therefore, it only focuses on what was entitled through the Specific Plan and The Anaheim Resort
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SEP~'EMBER 20, 2004
PLANNING COMMISSION MINUTES
• Specific P~an did not include any of the Disneyland Resort Specific Plan property. She explained the
subject EIR/Specific Plan does not relate to the fireworks which currently occur at Disneyland.
Commissioner Vanderbilt-Linares referred to "other noise sources" in the section and asked when it refers
to activities on the Disneyland properties, if it is just for information purposes and not as an area that the ~
subject EIR is concerned with.
Mrs. Johnson responded that is correct.
ACTION: Commissioner Vanderbilt-Linares offered a motion, seconded by Commissioner Velasquez and
MOTION CARRIED, that the Anaheim City Planning Commission does hereby recommend approval to
the City Council of The Anaheim Resort Specific Plan 2004 Validation Report for Master E1R No. 313.
DISCUSSION: 3 minutes (1:34-1:37)
•
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PLANNING COMMISSION MINUTES
• B. (a) CEQA Neqative Declaration (Previouslv-Approved) Approved
(b) Conditional Use Permit No. 3414 Approved
(7rackinq_No. CUP2004-048891
(Vote: 7-0)
Agent: Stan Swede, California Marquee, 430 South Varney,
Burbank, CA 91502
Location: 5635 East La Palma Avenue -(Cinema City Theaters)
Requests amendment of elevation pfans to install neon lighting on a
previously-approved movie theater complex.
(This item was pulled from the Consent Calendar for separate sr8787av.doc
discussion.)
Greg McCafferty, Principal Pianner, introduced Item No. 1-B and stated there was discussion at today's
morning session regarding whether the raceways that are associated with the neon tubing would be
exposed. He indicated that the Code does not address that specifically, therefore, if it is a concern of the
Planning Commission then he would suggest that they require as a stipulation on the plans submitted for
building permits, that the raceways be non-exposed raceways on the bui~ding.
Commissioner Buffa stated adding neon lighting to the tower would not be an aesthetic enhancement, but
it is private property and she believes they have the right to do that if they choose. She is concerned
• about the raceways being exposed on the tower and does understand that on a biock wall it is not
practical to put the electrical wiring inside the building, but on the tower she believes they could.
Therefore, she suggested at least on the tower element that the electrical wiring for the raceways be
incorporated into the structure and not visible from the outside.
Applicant's Statement:
Stan Swede, 5635 E. La Palma Avenue, Anaheim, stated he is the contractor for California Marquee
representing Cinema City. He clarified that the proposed neon lighting would be placed in channel
raceways; the electrical transformers and wiring would all be hidden behind the wall. The sole purpose of
the channel is used to protect the neon.
Commissioner Buffa thanked the applicant for the clarification and stated she thought they were talking
about raceways to get to the neon lighting.
ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Flores and MOTION
CARRIED, that the Anaheim City Planning Commission does hereby determine that the previously-
approved Negative Declaration is adequate to serve as the required environmental documentation for
subject request.
Commissioner Buffa offered a motion, seconded by Commissioner Flores and MOTION CARRIED, that
the Anaheim City Planning Commission does hereby determine that installation of neon lighting on the
south, east and tower elevations for a previously-approved movie theater complex is in substantial
conformance with previously-approved exhibits.
• DISCUSSION: 5 minutes (1:40-1:45)
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PLANNING COMMISSION MINUTES
• C. (a) Environmental Impact Report No. 189 - Addendum To Koll
Anaheim Center (Previouslv-Certified)
(b) Final Site Plan No. 2004-00006 - Request For Review And
Approval Of Final Plans For Construction Of A Planned Mixed
Use Development On Parcels A=1 - A-3 Within The Downtown
Mixed Use Overlav Zone
(c) Review And Recommendation Of Conceptual Plans For Parcels
A-3 and D
Agent: Anaheim Redevelopment Agency, Elisa Stipkovich, 201
South Anaheim Boulevard, Suite 1003, Anaheim, CA
92805
Location: Parcels A-1 -A-3 within Downtown Anaheim
Requests review and approval of final site, floor, parking elevation,
roof-mounted equipment, and pedestrian and vehicle circulation plans
to allow for construction of a new Planned Mixed Use Development
(Parcels A1-A3) in Downtown Anaheim.
Request review and recommendation to the Anaheim Redevelopment
Agency of basic concept drawings for a Planned Mixed Use
Development for Parcels A3 and D within Downtown Anaheim.
ACTION: Commissioner O'Connell offered a motion, seconded by
• Commissioner Flores and MOTION CARRIED, that the Anaheim City Planning
Commission does hereby determine that the previously-certified Environmental
Impact Report No. 189 - Addendum To Koll Anaheim Center is adequate to
serve as the required environmental documentation for subject request.
Commissioner O'Connell offered a motion, seconded by Commissioner Flores
and MOTION CARRIED, that the Anaheim City Planning Commission does
hereby approve the Final Site Plan No. 2004-00006 (as shown on Final Plan
Nos. 1 through 27 on file in the Planning Department) for Parcels A1, A2, and
A3, based upon a finding that the Final Plans are in conformance with the
DMU Overlay Design Guidelines as noted in paragraph no. (33) of the staff
reported dated September 20, 2004.
Commissioner O'Connell offered a motion, seconded by Commissioner Flores
and MOTION CARRIED, that the Anaheim City Planning Commission does
hereby recommend to the Anaheim Redevelopment Agency approval of basic
concept plans to develop a Planned Mixed Use Development for Parcels A3
and D within Downtown Anaheim.
•
Approved
Approved
Approved
(Vote: 7-0)
sr2162ds.doc
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PLANNING COMMISSION MINUTES
•
L ~
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D. Receiving and approving the Minutes from the Planning Commission
Meeting of September 8, 2004 (Motion)
ACTION: Commissioner O'Connell offered a motion, seconded by
Commissioner Flores and MOTION CARRIED (Commissioner Buffa
abstained), that the Anaheim City Ptanning Commission does hereby receive
and approve the minutes for the Planning Commission meeting of
September 8, 2004.
Approved
(Vote: 6-0, Commissioner
Buffa abstained since she
was absent for the
meeting)
E. Receiving and approving revised 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 21, 2004. (Motion)
ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Fiores
and MOTION CARRIED, that the Anaheim City Planning Commission does hereby
receive and approve the revised supplemental detailed minutes for Item No. 3,
Conditional Use Permit No. 2004-04857, from the Planning Commission Meeting of
August 23, 2004.
Approved
(Vote: 7-0)
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SEPTEMBER 20, 2004
PLANNING COMMISSION MINUTES
~
.
Public Hearina Items:
2a. CEQA Nepative Declaration Approved
2b. Waiver Of Code Requirement Approved
2c. Conditional Use Permit No. 2004-04876 (Readvertised) Granted
Owner: Canyon Plaza, LLC. 503 32"d Street, Suite 200, Newport
Beach, CA 92663
Agent: Jack Jakosky, 503 32"d Street, Suite 200, Newport
Beach, CA 92663
Location: 5747 East Santa Ana Canvon Road. Property is
approximately 15 acres, located at the northeast corner of
Santa Ana Canyon Road and Imperial Highway.
Request to construct a freestanding building consisting of five (5)
commercial retail tenant spaces (previously-advertised for three (3)
commercial retail tenant spaces), roof-mounted equipment and outdoor
dining area in conjunction with an existing commercial retail center with
waiver of minimum number of parking spaces.
Continued from the August 23, 2004, Planning Commission Meeting.
Conditional Use Permit Resolution No. PC2004-105 sr5114jr.doc
Chairman Eastman opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 2.
Applicant's Statement:
Jack Jakosky, 503 32"d Street, #200, Newport Beach, stated he is the managing partner for Canyon
Plaza Shopping Center. They reviewed the staff report's findings and recommendations and are in
agreement.
Commissioner Buffa referred to the landscape plans pertaining to the service door on the south side of
the building and stated she believes there is a sidewalk there which leads you around to the trash area;
and she pointed out that on the elevation drawings it appears that there is a trellis structure attached to
the building which are labeled "vine treflis". The one vine trellis shown on the elevation is in a designated
planter area but two of them look as they are above the sidewalk and she asked if vines are to be
installed on those trellises.
•
Mr. Jakosky responded there would be vines on the trellises.
Commissioner Buffa asked if there would be some sort of "cut out" on the walkway.
Mr. Jakosky was in agreement.
Commissioner Romero asked the applicant if they have considered how many tenant spaces they are
interested in (three or five}.
Mr. Jakosky responded currently it is still undetermined but believes there would be less tenants rather
than more but expressed that he feels three tenant spaces would be too constricting.
THE PUBLIC HEARING WAS CLOSED.
09-20-04
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SEPTEMBER 20, 2004
PLANNING COMMISSION MINUTES
• • • ~ ~- • ~ • • ~ •
OPPOSITION: None
ACTION: Approved CEQA Negative Declaration
Approved Waiver of Code Requirement pertaining to minimum number of parking
spaces.
Granted Conditional Use Permit No. 2004-04876 (to construct a freestanding building
consisting of five (5) commerciai retail tenant spaces (previously-advertised for three (3)
commerciai retail tenant spaces), roof-mounted equipment and outdoor dining area in
conjunction with an existing commercial retail center; and adoption of the resolution
attached to the staff report dated September 20, 2004, including the findings and
conditions contained therein.
VOTE: 7-0
Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights.
DISCUSSION TIME: 4 minutes (1:50-1:54)
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•
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•
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3a. CEQA Neqative Declaration Approved
3b. Waiver of Code Requirement Approved
3c. Conditionai Use Permit No. 2871 Granted
(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.
Continued from the August 9 and August 23, 2004, Planning Commission
Meetings.
Conditional Use Permit Resolution No. PC2004-106 sr5115jr.doc
Chairman Eastman opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 3 and he read into the record changes to the
conditions of approval in the draft resolution including the addition of two conditions.
ApplicanYs Statement:
Ron Sorenson, HGA Inc., 1613 Santa Clara Drive, Roseville, stated he is the applicant and is
representing Cornelia Connelly High School. The schoo~ is hoping to build a gymnasium complex typical
for any high school campus and the building would consist of a competition gymnasium with basketball
and volleyball with CIF guidelines for high school athletics. It also consists of the accessory uses such as
shower rooms, snack area for prepackaged goods; art room, small training room and a foyer are attached
to the proposed building, and public/staff restrooms. They would need the height of the gym because it's
a competition gymnasium, and there would be no HBAC units on the high portion but would be in wells on
the lower portion of the building. He further spoke giving additional information regarding the
gymnasium's walls, property lines and the required four entrance/exits.
~
THE PUBLIC HEARING WAS CLOSED.
Commissioner Vanderbilt-Linares referred to the thickness of the walls being 8-inch concrete and asked if
it is going to be on all of the walls.
Mr. Sorenson explained that it would be on the four walls of the gymnasium, and the accessory units are
standard construction.
Commissioner Vanderbilt-Linares referred to the doors that would be kept closed and asked if there is
any special installation or sound abatement efforts for those doors.
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SEPTEMBER 20, 2004
PLANNING COMMISSION MINUTES
• Mr. Sorenson responded the doors woultl be aluminum, storefront type system with dual glazing and
there is a very high sound transmission coefficient related to the doors. The doors would be glass for
natural lighting purposes as they don't have windows or skylights in the gymnasium for a number of
reasons, one being security. He indicated there should be little, if any, sound transmission through the
doors.
He further explained there would be an insulated ceiling as the installation would be on the interior of the
roof. They have acoustical sound treatment inside the building because it would possibly be used for
assemblies and he stated there would not be echoing throughout the interior of the building.
Mr. McCafferty stated they have one additional condition of approval to be added and he read the
condition into the record.
Mr. Sorenson stated he concurs with all the conditions and indicated they have a lot of Heritage trees and
are maintaining as many as possible.
Commissioner Vanderbilt-Linares asked if the basketball activities that occurred outside would be inside
the proposed gymnasium.
Mr. Sorenson responded he feels they may still utilize the exterior courts.
Commissioner Vanderbilt-Linares asked if he would be eliminating the use of the outside courts during
the day.
Mr. Sorenson clarified that the exterior courts would be eliminated.
• Commissioner Vanderbilt-Linares indicated that would be some reduction during the daytime.
Mr. Sorenson agreed.
Mr. McCafferty stated he would like to add an additional finding, and pointed out that in calculating the
parking demand for the entire site the assumption were that the gymnasium would be accessory to the
school campus and would be used as part of the school campus, therefore, staff did not double count
parking associated with that and wanted to make clear in the findings that that was the basis for not
requiring additional parking or parking waiver.
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
ACTION: Approved CEQA Negative Declaration
Approved Waiver of Code Requirement
Granted Conditional Use Permit No. 2871 (Tracking No. CUP2004-04872) to construct a
new gymnasium in conjunction with an existing private educational institution; and
adoption of the resolution attached to the staff report dated September 20, 2004,
including the findings and conditions contained therein with the following modifications:
Modified Condition Nos. 6, 27 and 28 to read as follows:
• 6. That the property owner shall install and maintain decorative wrought iron gates
between the proposed gymnasium and the north and east property lines to secure
the rear and side yard areas adjacent to the new building. Said information shall
be specifically shown on plans submitted for building permits.
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PLANNING COMMISSION MINUTES
• 27. That prior to issuance of a building permit for the first tenant space or within a
period of one (1) year from the date of this resolution, whichever occurs first,
Condition Nos. 4, 5, 6, 7, 8, 10, 11, 12, 13, 17, 18, 19, 20, 21, 22, and 24, above-
mentioned, shall be complied with. Extensions for further time to complete said
conditions may be granted in accordance with Chapter 18.60 of the Anaheim
Municipal Code.
28. That prior to final building and zoning inspections, Condition Nos. 9, a-9, 14 and 26,
above-mentioned, shall be complied with.
Added the following conditions of approval to read as foilows:
That doors facing the residential area to the north and east shail remain closed at all
times but unlocked for emergency access.
The only church activities that shall occur on the property are those that are accessory to
the private high school.
That prior to issuance of a building permit, the applicant shail pay a sewer impact
mitigation fee for the combined West Anaheim area. The fee is currently $52/$1,000
square feet of gross floor area.
VOTE: 7-0
Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights.
• DISClfSS10N T1ME: 9 minutes (1:55-2:04)
r
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PLANNING COMMISSION MINUTES
• 4a. CEQA Neqative Declaration Continued to
4b. Waiver Of Code Requirement November 1, 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, July 26 and August 9, 2004, Planning
Commission Meetings.
Conditional Use Permit Resolution No.
sr5116jr.doc
• • • ~ ~- • ~ • • ~ •
OPPOSITION: None
ACTION: Commissioner Flores offered a motion, seconded by Commissioner O'Connell and
MOTION CARRIED, to continue the subject request to the November 1, 2004, Pianning
Commission meeting as requested by the petitioner.
VOTE: 7-0
DISCUSSION TIME: This item was not discussed.
•
09-20-04
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SEPTEMBER 20, 2004
PLANNING COMMISSION MINUTES
• 5a. CEQA Mitiqated Neaative Declaration (Readvertised) Continued to
5b. Reclassification No. 2003-00109 October 4, 2004
5c. Variance No. 2004-04626
5d. Tentative Tract Map No. 16545
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/Agriculturai; Scenic Corridor Overiay)
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 residentia{ street without sidewaiks.
Tentative Tract Map No. 16545 - Request to establish a 28-lot, 21-unit
detached single-family subdivision.
• Continued from the August 9 and September 8, 2004, Planning
Commission Meetings.
Reclassification Resolution No.
Variance Resolution No. sr8792av.doc
OPPOSITION: None
ACTION: Commissioner O'Conneil offered a motion, seconded by Commissioner Flores and
MOTION CARRIED, to continue the subject request to the October 4, 2004, Planning
Commission meeting as requested by the petitioner.
VOTE: 7-0
DISCUSSION TIME: This item was not discussed.
•
09-20-04
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SEPTEMBER 20, 2004
PLANNING COMMISSION MINUTES
•
•
6a. CEQA Mitiqated Neqative Declaration (Previouslv-Approved) Approved
6b. Waiver Of Code Requirement Approved
6c. Conditional Use Permit No. 2004-04881 Granted
(Tracking No. CUP2004-04912)
Owner: Adoif 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
waivers of: (a) minimum landscaped and structurai setback adjacent to an
arterial highway and (b) permitted type of sign.
Continued from the September 8, 2004, Planning Commission Meeting.
Conditional Use Permit Resolution No. PC2004-107 sr2159ds.doc
Chairman Eastman opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 6 and he read into the record changes to the
conditions of approval in the draft resolution including the addition of two conditions.
ApplicanYs Statement:
Richard Solberg, 201 E. Center Street, Anaheim, stated he is the architect and representative for the
applicant Mr. Jerry Zomorodian.
THE PUBLIC HEARING WAS CLOSED.
Commissioner Flores asked for clarification regarding the proposed signage and asked the applicant if a
sign is to be added or does it already exist.
Jerry Zomorodian, 301 S. Anaheim Blvd., Anaheim, stated he is the managing partner of the West Coast
National Investment. He thanked all staff involved and is very gratefui for their assistance. There is a
section on the site where they have the detail center which is connected to the adjacent existing carwash
which is why he requested a sign in order for the customer to be able to recognize that area and that it is
part of the gas station and carwash next door, not the historical building that they are going to preserve.
Commissioner O'Connell asked if the sign is above the detail area.
~
Mr. Zomorodian responded yes, they are not going to have any employee in that area so they want to
ensure that the customer knows where their car is.
09-20-04
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SEPTEMBER 20, 2004
PLANNING COMMISSION MINUTES
• Commissioner Buffa asked staff if the Commission deletes Condition No. 3 and a sign was
accommodated, how would that sign plan come back to the City and what would be the approvai process.
Mr. McCafferty responded there are two options, you would entrust Planning and Community
Development staff to do that for the Commission or you would require the applicant to bring it back as a
Cansent Calendar item.
Chairman Eastman asked if the proposed signage would be in the same level of design as the other
bui~dings in order for it not to look like a temporary sign.
Mr. Solberg responded it would be the same level of design.
Greg Hastings, Planning Services Manager, read into the record changes to the draft resolution including
two additional conditions of approval.
Chairman Eastman thanked the applicant and architect on their willingness to work with the
representatives from the Historic Preservation Committee.
Mr. McCafferty referred to the detailing structure and asked the Commission for direction regarding how
much signage and what type of signage could be there in order for staff to be clear as they work with the
applicant.
Chairman Eastman pointed out that the exhibits presented indicates a sign over each one of the
proposed retail establishments and that it would be very minimal because the intent is to clarify the
establishments to their customers. She suggested that the signage be consistent with the signage on the
historic building.
• Mr. Hastings stated the intent is to not create a sign that would be visible particularly to Anaheim
Boulevard but for the patrons on the property itself and it is staff's understanding that it be directed to on-
site visibility only.
Further discussion took place amongst Mr. Solberg, Mr. Zomorodian and Planning Commission regarding
signage; Commissioner Velasquez stated she believes that they are all in agreement that the sign is
needed and it must be visible but it doesn't have to be visible from the street but visible to the patrons on
the property.
Mr. Zomorodian asked how could he have a sign that is not visible from the street but is visible to the
customers.
Mr. McCafferty explained that he feels they could work with the applicant in order to come up with
something and also meet the Commission's intent. If they disagree, the applicant has the option to come
back to the Planning Commission requesting a larger sign through the Consent Calendar portion of the
agenda.
Mr. Zomorodian stated the other purpose is to distinguish that part from the other historical building
section, and he feels confident that staff will work with them. He referred to Condition No. 9 and asked if
it is mandatory for him to have a burglar alarm.
Mr. McCafferty responded no but if they install an alarm system the application would be required, as the
Police Department would want the ability to call them in case of a false alarm.
• • ~ •- • ~ • • ~ •
OPPOSITION: None
• IN GENERAL: A letter was received from the applicant requesting that signage be allowed on the detail
structure.
09-20-04
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SEPTEMBER 20, 2004
PLANNING COMMISSION MINUTES
~ ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Romero and
MOTION CARRIED, that the Anaheim City Planning Commission does hereby
determine that the previously-approved Mitigated Negative Declaration is adequate to
serve as the required environmental documentation for subject request.
Approved Waiver of Code Requirement
Granted Conditional Use Permit No. 2004-04881 to remodel an existing historical
building and to establish a commercial retail center with an accessory auto detailing
facility and adoption of the resolution attached to the staff report dated September 20,
2004, including the findings and conditions contained therein, with the following
modifications:
Modified Condition Nos. 1, 9, 14, 29 and 30 to read as follows:
1. That the auto detailing facility shall be operated and maintained as an accessory
facility to the service station north of the subject property. That no use other than
auto detailing shali be permitted on the property other than that portion of
the property designated for auto detailing. That the applicant shall submit a
parking plan for the adjacent property to the north.
9. That a Burglar/Robbery Alarm permit appiication, Form APD 515 shall be
obtained and completed from the Anaheim Police Department if an alarm is
installed on the property.
• 14. That a detailed landscape plan for the entire site shall be submitted to the
Planning and Community Development Departments indicating type, size and
location of existing and proposed landscaping and irrigation for review and
approval by the Planning Department. Any decision by staff regarding said plan
may be appealed to the Planning Commission as a Reports and
Recommendation item. Once approved, the landscaping shall be installed within
sixty (60) days of plan approval and maintained in accordance with the plan. The
landscape plan shall indicate the following:
• That an on-site landscaping and irrigation system shall be
provided/refurbished and maintained in compliance with City
standards.
• That the front landscaped setback area adjacent to Anaheim
Boulevard shall be planted and irrigated with a minimum of ~ir~e
(~j five (5) 24-inch box evergreen trees, shrubs (minimum size of
5-gallon) to provide screening of the parking area from public view
and groundcover.
• That parking lot trees (minimum of twelve (12), 24-inch box trees)
shall be planted within the parking lot landscape planters.
29. That prior to issuance of a building permit, or within a period of one (1) year from
the date of this resolution, whichever occurs first, Condition Nos. 5, 6, 7, 8, 9, 10,
12, 14, 17, 22 and 24, above-mentioned, shall be complied with. Extensions for
further time to complete said conditions may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal Code.
• 30. That prior to final building and zoning inspections Condition Nos. ~; a-8, ~, 26,
~, and 28 above-mentioned, shall be complied with.
09-20-04
Page 16
SEPTEMBER 20, 2004
PLANNING COMMISSIOW MINUTES
• Added the following conditions of approval to read as follows:
That the auto detailing facility shall be operated and maintained as an accessory facility
to the service station north of the subject property.
That the applicant shall comply with all applicable mitigation measures of the Mitigated
Negative Declaration prepared for the South Anaheim Boulevard Overlay Zone.
That the applicant shail compiy with the Anaheim Colony Historic Preservation Plan
and the U.S. Secretary of Interior Historic Standards for the structure.
That final sign pians for the detail structure shall be submitted to the Planning and
Community Development Departments for review and approval. Said plans shall be
designed such that the signage is visible to customers when on the property. Any
decisions regarding the signage may be appealed to the Planning Commission as a
Reports and Recommendation item.
Deleted Condition No. 3.
VOTE: 6-0 (Commissioner O'Connell rescinded his AYES vote and recorded an abstention.)
Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights.
• DISCUSSION T{ME: 29 minutes (2:06-2:35)
•
09-20-04
Page 17
SEPTEMBER 20, 2004
PLANNING COMMISSION MINUTES
~
C J
•
7a. CEQA Neqative Declaration (Previouslv-Approved) Approved
7b. Conditional Use Permit No. 2000-04277 Approved reinstatement
(Tracking No. CUP2004-04888) for 3 years (to expire on
November 19, 2007)
Owner: Gock Joey Jung, 433 Vicki Lane, Anaheim, CA 92804
Agent: Jimmy Nguyen, P.O. Box 15751, Newport Beach, CA
92659
Location: 420-504 South Brookhurst Street. Property is
approximately 1.5 acres, having a frontage of 205 Feet on
the east side of Brookhurst Street, located 492 feet north of
the centerline of Orange Avenue (Seafood Place
Restaurant).
Request for reinstatement of this permit by the modification or deletion of
a condition of approval pertaining to a time limitation (approved on
November 19, 2002 to expire November 19, 2004) to retain a banquet hall
with service but no sales of alcoholic beverages for on-premises
consumption.
Conditional Use Permit Resolution No. PC2004-108 sr8786gk.doc
Chairman Eastman opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 7 and he read into the record changes to the
conditions of approval in the draft resolution.
ApplicanYs Statement:
Jonathan Hua, 420 S. Brookhurst Street, Anaheim, stated he is speaking on behalf of his father. They
have hired a landscaping crew to clean up the trees and plants and it has been completed.
Chairman Eastman asked if they have them on a regular basis.
Mr. Hua responded yes, they recently hired a new landscaping company because the previous company
was not pulling out the weeds. The bushes and trees have been replaced.
Chairman Eastman asked if their watering system is adequate to sprinkle all the areas that are
landscaped.
Mr. Hua responded yes, the owner waters the trees on a weekly basis.
THE PUBLIC HEARING WAS CLOSED.
Mr. Hua indicated they are planning to remodel the restaurant but is currently trying to get estimates
before bringing it before the Commission.
Commissioner Romero asked how often do they have events.
Mr. Hua responded once or twice a week, and they ensure security staff is present and he is also there
every weekend to ensure there are no conflicts between their business as well as the neighbors.
09-20-04
Page 18
SEPTEMBER 20, 2004
PLANNING COMMISSION MINUTES
• Commissioner Flores asked if they have any intentions to change the sign from Seafood Place to
something else.
Mr. Hua responded no, he asked staff if they decide to open 7-days a week with a buffet(restaurant on
Monday through Thursday, what procedures wouid be necessary.
Commissioner Vanderbilt-Linares pointed out they have to take into account that there are constitutional
issues with respect to what the applicant wants to put on his sign, he doesn't believe there is a way to
regulate it.
Mr. McCafferty stated a restaurant is a permitted use for the building and the hours of operations are
limited as indicated in Condition No. 6. He pointed out that the only caution is if the intent is to operate
the banquet facility at the same time that the restaurant was approved then it may be problematic
because of the number of parking spaces that would be required to service that, but if it is simply to be
complementary and during off times they would use the restaurant for buffets then that would be fine.
OPPOSITION: None
ACTION: Commissioner Velasquez offered a motion, seconded by Commissioner Eastman and
MOTION CARRIED, that the Anaheim City Planning Commission does hereby
determine that the previously-approved Negative Declaration is adequate to serve as
the required environmental documentation for this request.
• Approved the request for reinstatement of Conditional Use Permit No. 2000-04277
(Tracking No. CUP2004-04888) to retain a banquet hall with service but no sales of
alcoholic beverages for on-premises consumption for a period of three years to expire
on November 19, 2007; and adoption of the resolution attached to the staff report dated
September 20, 2004, including the findings and conditions contained therein, with the
following modifications:
Modified Condition No. 25 to read as follows:
25. That Code Enforcement shall inspect the property on a~iar~r~~a~4 semi-annual
basis for the period of three years. Said inspections shall be paid for by the
property owner.
Added the following condition to read as follows:
That within ninety (90) days from the date of this resolution, the building shall be
refurbished as necessary, including paint and repairing the torn awning, or plans shall
be submitted indicating proposed renovations to the building.
Deleted Condition No. 13.
VO7E: 7-0
Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights.
• DISCUSSION TIME: 10 minutes (2:36-2:46)
09-20-04
Page 19
SEPTEMBER 20, 2004
PLANNING COMMISSION MINUTES
u
8a. CEQA Neqative Declaration lPreviouslv-Approved)
8b. Conditional Use Permit No. 2090
(Tracking No. CUP2004-04890)
Owner: AOUN, 558 South Harbor Boulevard, #100, Anaheim, CA
92805
Agent: Tony Garcia, 1160 North Kraemer Boulevard, Anaheim, CA
92806
Location: 1160 North Kraemer Boulevard. Property is
approximately 0.9-acre, having a frontage of 175 feet on
the east side of Kraemer Boulevard, located 242 feet south
of the centerline of Coronado Street (Xalos Restaurant).
Request for reinstatement of this permit by the modification or deletion of
a condition of approval pertaining to a time limitation (approved on
September 8, 2003 to expire August 27, 2004) to retain accessory public
entertainment in conjunction with a previously-approved restaurant with
sales of alcoholic beverages for on-premises consumption and to amend
previousiy-approved exhibits and conditions of approval pertaining to the
patio area.
~
Conditional Use Permit Resolutian No. PC2004-109
Chairman Eastman opened the public hearing.
Approved
Approved reinstatement
for 1 year (to expire on
August 27, 2005)
sr8784av.doc
Greg McCafferty, Principal Planner, introduced Item No. 8 and he read into the record the addition of
three conditions of approval to the draft resolution.
ApplicanYs Statement:
Tony Garcia, 1160 N. Kraemer Blvd., Anaheim, stated he is one of the two owners of the business and
they have been operating the business for 18 months. They are requesting a 5-year extension because
that is what their lease is for, however, they do understand the police concerns and he feels they have so
many calls because their security is proactive and they try to keep the peace.
•
He spoke regarding the issue of the patio's wall height and stated they heightened the wall to 6 feet
because he feels it is safer for their customers and in order to eliminate anyone from trying to sneak a
weapon over the wall.
Chairman Eastman asked if they are willing to reduce the wall height.
Mr. Garcia responded yes, if it is required. He indicated they have plenty of security guards each
weekend and they cover all the entrance doors but even though there is a security guard in the patio they
were not comfortable with the previous rail fence as someone could sneak something over the wall.
THE PUBLIC HEARING WAS CLOSED.
Commissioner Velasquez asked the applicant what is the main business at the facility.
Mr. Garcia responded it is a restaurant/nightclub.
Commissioner Velasquez asked if it is open 7 days a week.
09-20-04
Page 20
SEPTEMBER 20, 2004
PLANNING COMMISSION MINUTES
• Mr. Garcia responded that the main business is a restaurant and the nightclub/entertainment occurs only
on Friday and Saturday night.
Commissioner Velasquez expressed her concerns regarding the number of police calis and she asked
what actions are being taken to minimize the calls and to ensure the clients are safe.
Mr. Garcia responded they have 10 security guards on Saturday and their main concern is to ensure that
minors are not drinking and to ensure there are no weapons brought into the facility. He reiterated they
have so many calls because he feels their security guards are very proactive and when someone has to
leave the facility the security may possibly call the police if additional probiems arise. They do have
meetings with their security guards to follow-up with them on any police calls and they usualfy have a
good reason for the call.
Commissioner Velasquez stated they just want to ensure that the appiicant complies with all of the
required codes by the City and to obtain necessary permits when needed.
Commissioner Buffa pointed out they are concerned about the block wall for safety and visibility reasons.
Further discussion took place amongst the applicant and Commission regarding concerns of the biock
wall in the patio area.
Commissioner O'Connell asked if drinking is allowed in the patio area.
Mr. Garcia responded no, food and beverages are not allowed and a security guard does monitor that.
Commissioner O'Connell asked if minors are allowed in the nightciub.
• Mr. Garcia responded yes, 18 and over.
Commissioner O'Connell asked staff if that is allowed.
Mr. McCafferty responded he wasn't sure and would need to check with ABC (Aicoholic Beverage
Control) to see if there are any restrictions after a certain time but he stated the Planning Commission has
permitted the use as it is mainly a restaurant which has public entertainment which may compare to a
Black Angus restaurant with a cocktail lounge.
Commissioner Romero pointed out that the prior business had a history of problems and the subject
facility is much better than it use to be but the patio visibility is necessary for safety reasons. He feels
additional progress needs to be made and agrees with a one-year extension rather than a longer
extension.
Mr. McCafferty verified if it is a Type 47 license it is a nightclub type license and is restricted to 21 years
and over.
Commissioner O'Connell asked the applicant what type of license they have.
Mr. Garcia responded a Type 47 license.
Mr. McCafferty stated with regard to licenses, years ago there wasn't the communication that the City and
ABC now have. They may have been, on a State level, granting the license without considering the land
use approval which no longer happens that way, now when someone requests an alcohol license then
there is a process in which the applicant has to go through to ensure that the land use approval and the
type of license that they are now requesting is consistent. The facility has been there for a very long time
• and originally operated as a restaurant and then sort of a nightclub. It has been through so many owners
that it may be a situation where the license has been there a very long time.
09-20-04
Page 21
SEPTEMBER 20, 2004
PLANNING COMMISSION MINUTES
• Mark Gordon, Deputy City Attorney, stated the restaurant is a permitted use at the location and the
reason the matter is before the Commission is because the applicant intends to provide public
entertainment for which a conditional use permit is required. He further spoke regarding the dance hall
permit issued by the Business License Division and gave information with regard to that permit.
Mr. McCafferty verified that the conditional use permit, public entertainment portion expired on August 27,
2004.
Chairman Eastman asked the applicant if he understands the information just given by staff.
Mr. Garcia responded somewhat.
Chairman Eastman stated following the meeting staff would be able to further assist him with any
clarifications necessary in order to ensure he understands the procedures necessary for his business and
that he works to be in compliance with the City.
Mr. Garcia was in agreement.
Mr. McCafferty stated Planner Amy Vasquez is present in the Council Chambers and would be able to
further assist him.
Commissioner Velasquez stated she is happy to see Mr. Garcia's willingness to make things right and
suggested modifying Condition No. 31.
Mr. Morgan stated he verified with the Business License Division and indicated the public dance hall
permit was issued February 3, 2003 and a subject renewal annually with the Business License, therefore,
when the business license is renewed it automatically renews the public dance hall permit and there is no
• additional steps after the public hearing today to follow up on, unless a letter is received stating otherwise.
• • • ~- • ~ • • • ~
OPPOSITION: None
ACTfON: Commissioner Velasquez offered a motion, seconded by Commissioner Flores and
MOTION CARRIED, that the Anaheim City Planning Commission does hereby
determine that the previously-approved Negative Declaration is adequate to serve as
the required environmental documentation for this request.
Approved the request for reinstatement of Conditional Use Permit No. 2090 (Tracking
No. CUP2004-04890) to retain accessory public entertainment in conjunction with a
previously-approved restaurant with sales of alcoholic beverages for on-premises
consumption and to amend previously-approved exhibits and conditions of approval
pertaining to the patio area (patio modifications not approved) for a period of one year to
expire August 27, 2005; and adoption of the resolution attached to the staff report dated
September 20, 2004, including the findings and conditions contained therein, with the
following modifications:
Modified Condition No. 31 to read as follows:
31. That within sixty (60) days plans shall be submitted to the Building Division and
permits obtained for the unpermitted modification to the interior of the restaurant.
• Added the following conditions to read as follows:
That no happy hour-type or reduced price promotion shal! be permitted at any time.
09-20-04
Page 22
SEPTEMBER 20, 2004
PLANNING COMMISSlON MINUTES
• That one security officer shall be posted in the patio area at all times.
That the petitioner shall not share any profits or pay any percentage or commission to a
promoter or any other person based upon the monies collected as a door charge, cover
charge or any other charge, including the sale of drinks.
VOTE: 7-0
Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights.
DISCUSSfON TIME: 32 minutes (2:47-3:19)
u
~
09-20-04
Page 23
SEPTEMBER 20, 2004
PLANNING COMMISSION MINUTES
•
•
9a. CEQA Neqative Declaration Approved
9b. Waiver Of Code Requirement Approved
9c. Conditional Use Permit No. 2004-04885 Granted
Owner: Tao Nguyen, Christian Vietnamese District, 314 South
Brookhurst Street, Anaheim, CA 92801
Agent: Tuan Pham, 18010 Sky Park Circle, Suite 100, Irvine, CA
92614
Location: 314 South Brookhurst Street. Property is approximately
0.85-acre, having a frontage of 130 feet on the east side of
Brookhurst Street, located 188 feet south of the centerline
of Broadway.
Request to permit a church and missionary training school within an
existing two-story office building with waiver of minimum number of
parking spaces.
Conditional Use Permit Resolution No. PC2004-110 sr3083ey.doc
Chairman Eastman opened the public hearing.
Greg McCafferty, Principai Planner, introduced Item No. 9.
ApplicanYs Statement:
Tuan Pham, 18010 Sky Park Circle, Suite 100, Irvine, stated he is the representative on behalf of the
Alliance Evangelical School and they would like to expand their services to the subject facility.
Public Testimony:
Patrick Shemet, 312 S. Archer Street, Anaheim, stated he lives adjacent to the subject property. He is
concerned that the parking will overflow onto Archer Street. Currently there are two residential recovery
homes in the neighborhood and parking is currently a problem. He also addressed a concern regarding
proposed busing at 9 p.m.
ApplicanYs Rebuttal:
Mr. Pham stated the maximum number of people is 167, in addition to that they have a facility currently
on Lincoln Avenue and that facility does accommodate quite a few additional parking spaces off of the
particular area. Regarding the busing issue, if the individual is dropped off at the facility they would need
to get a means of transportation back to where they originally parked, therefore, they would be bused
back or share carpool to the other parking location. He stated Mr. Shemet has a very valid concern and
they would like to work with staff in order to accommodate the concerns.
Commissioner Buffa referred to the missionary training facility and she asked if the training is at the same
time that the sanctuary is being used.
Tai Nguyen, Pastor, 2275 Lincoln Avenue, Anaheim, stated he is the CEO of the church and indicated
training is during the evening on weekdays.
•
Commissioner Buffa asked if the sanctuary is primarily utilized during the day.
09-20-04
Page 24
SEPTEMBER 20, 2004
PLANNING COMMISSION MINUTES
• Mr. Nguyen responded yes.
Commissioner Buffa referred to the different uses and clarified that everyone is not present at the same
time.
Mr. Nguyen was in agreement and stated the congregation is on the weekends.
Mr. McCafferty stated if the congregation is 146 he doesn't believe they all arrive for one service, as there
are at least two services on the weekends.
THE PUBLIC HEARING WAS CLOSED.
Mr. Pham stated the facility only has one entrance/exit to the assembly space and there is no additional
entrance point other than the front entrance from Brookhurst Street.
Commissioner Flores referred to the parking issue and she asked if the subject request could be
restricted for one year.
Mr. McCafferty responded that would not be the recommendation by staff but is up to the Planning
Commission.
Commissioner Buffa stated if there are any problems someone could then cali the City's Code
Enforcement Division and register a code enforcement complaint.
Mr. McCafferty referred to page 4 of the draft resolution and read into the record modifications to the
conditions of approval.
u
OPPOSITION: 1 person spoke in opposition of the subject request.
ACTION: Approved CEQA Negative Deciaration
Approved Waiver of Code Requirement pertaining to minimum number of parking
spaces.
Granted Conditional Use Permit No. 2004-04885 (to permit a church and missionary
training school within an existing two-story office building); and adoption of the resolution
attached to the staff report dated September 20, 2004, including the findings and
conditions contained therein.
VOTE: 5-1 (Commissioner Vanderbilt-Linares absent; Commissioner Flores voted no, citing
parking concerns)
Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights.
DISCUSSION TIME: 13 minutes (3:20-3:33)
• (Commissioner Vanderbilt-Linares left the meeting at approximately 3:19 p.m.)
09-20-04
Page 25
SEPTEMBER 20, 2004
PLANNING COMMISSION MINUTES
•
•
•
10a. CEQA Neqative Declaration Approved
10b. Conditional Use Permit No. 2004-04886 Granted
Owner: Southern California Edison Company, Attn: Robert Teran,
2131 Walnut Grove Avenue, Rosemead, CA 91770
Agent: Cindy Leinhart, Compass Technology Service, 27 Orchard,
Suite 200, Lake Forrest, CA 92630
Location: Property is approximately 24 acres, having a frontage of
471 feet on the south side of Santa Ana Canyon Road,
located 120 feet west of the centerline of Festival Drive
(SCE Easement - No Address).
Request to permit a cellular telecommunication facility on an existing
Edison lattice tower with accessory ground-mounted equipment.
Conditional Use Permit Resolution No. PC2004-111 sr8773dh.doc
Chairman Eastman opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 10 and read into the record changes to the
conditions of approval in the draft resolution including the deletion of Condition Nos. 14 and 15.
ApplicanYs Statement:
Cindy Leinart, 27 Orchard, #200, Lake Forest, CA, stated she is representing Verizon Wireless and asked
for clarification regarding the number of sectors and panel antennas because on the proposal they
indicated 3 sectors with 3 panel antennas.
Mr. McCafferty was in agreement of the 3 panel antennas per sector.
Ms. Leinart referred to the block wall and asked if they were to install a wrought iron fence around the
equipment.
Mr. McCafferty responded yes and it is on the exhibits. The discussion with the Planning Commission
was since the equipment would not be seen by any points of view that there is not a need for any
landscaping, and since there is no water there it would be difficult to irrigate.
Public Testimony:
Cherie McCracken (no address given) spoke regarding issues unrelated to the subject request and she
gave information pertaining to matters that were not in the jurisdiction of the Planning Commission.
Chairman Eastman asked Ms. McCracken to confine the matters to the subject request because the
matter is not relevant to the request.
Mark Gordon, Deputy City Attorney, stated that Ms. McCracken's comments are not within the jurisdiction
of the Planning Commission.
THE PUBLIC HEARING WAS CLOSED.
09-20-04
Page 26
SEPTEMBER 20, 2004
PLANNING COMMISSION MINUTES
• • • ~ ~- • ~ • • ~ •
OPPOSITION: 1 person spoke in opposition of the subject request (Ms. McCracken),
ACTION: Approved CEQA Negative Declaration
Granted Conditional Use Permit No. 2004-04886 to permit a cellular telecommunication
facility on an existing Edison lattice tower with accessory ground-mounted equipment;
and adoption of the resolution attached to the staff report dated September 20, 2004,
including the findings and conditions contained therein, with the following modifications:
Modified Condition Nos. 2, and 6 to read as foilows:
2. That the telecommunications facility shall be limited to f°°*'^ h°'^~«, ~~~°*~ 3
sectors consisting of 2 panel antennas per sector at a height of 39 feet on the
lattice tower with dimensions of 5'/2 feet in length by 8 inches in width a-~ by 2
inches t#isl~ flush-mounted on the existing tower; and a 24-inch ~+~:-
microwave dish at a height of ~6 50 feet on the tower, and accessory ground-
mounted equipment. Said information shall be specifically shown on plans
submitted for buiiding permits. No additional antennas or equipment cabinets sha11
be permitted without the approval of the Planning Commission.
6. That the cable connecting the equipment shail be underground and shall not be
visible to the public and shall be specifically shown on plans submitted for building
• permits.
Deleted Cond'+tion Nos. 14 and 15.
VOTE: 6-0 (Commissioner Vanderbilt-Linares absent)
Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights.
DISCUSSION TIME: 6 minutes (3:34-3:40)
•
09-20-04
Page 27
SEPTEMBER 20, 2004
PLANNING COMMISSION MINUTES
•
11a. CEQA Neqative Declaration Continued to
11 b. Waiver Of Code Reauirement October 18, 2004
11c. Conditional Use Permit No. 2004-04883
Owner: Slagie Properties A Partners, 912 Via De Angeles, San
Clemente, CA 92672
Agent: Rudy Trejo, 1521 East Lincoln Avenue, Anaheim, CA
92805
Location: 1521 East Lincoln Avenue. Property is approximately
0.15-acre, located at the northeast corner of Lincoln
Avenue and Larch Street.
Request to retain a church within an existing single-family residence 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. sr8774dh.doc
Chairman Eastman opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 11.
ApplicanYs Statement:
u
Rudy Trejo, pastor of the church, 1521 E. Lincoln Avenue, Anaheim, he spoke regarding the parking
issue and stated they have 7 parking spaces on site but some of the adjacent buildings including an
apartment complex and are owned by Slagle Properties, therefore, they are requesting approval of the
request since those properties/parking spaces are owned by the same owner of the subject request.
They have submitted a letter to staff, which is giving them permission to utilize the 10 parking spaces of
the adjacent building. He stated they have been at the facility for a short time and it is a transition/starter
building and there are only 10 members but do plan on searching for another building and would not
exceed the capacity of the building.
Commissioner O'Connell interjected and stated he didn't realize that the subject property was on Slagle
Properties; and he has received funds from the Slagle Families in his race for City Council, therefore, he
abstained from the item.
THE PUBLIC HEARING WAS CLOSED.
Commissioner Buffa stated one of the concerns the City has had, historically, with church sites where a
variance is needed for parking is that they have an agreement from the adjacent property owner that says
they could share the parking on the site, not with the tenants, therefore the concern is whether the owner
agrees with it and would be willing to enter into an agreement that is in a form approved by the City and it
is recorded against the property.
Roger Slagle, 1619 E. Lincoln Avenue, Anaheim, responded they are willing to do that.
Chairman Eastman asked how many extra parking places they actually have that is available.
•
Mr. McCafferty responded per the Code, no, because all they have before them is the site plan that is in
question.
09-20-04
Page 28
SEPTEMBER 20, 2004
PLANNING COMMISSION MINUTES
Chairman Eastman suggested continuing the item in order to get things in place because as it stands
• they don't have much of a choice as far as the land use. She asked the owner if he was aware of the
property being used as a residence.
Mr. Slagie responded yes.
Chairman Eastman asked if he realized that it is not allowed by Code.
Mr. Slagle responded no, he didn't think it mattered.
Chairman Eastman stated at today's morning session they were informed that the Code for that particular
zoning does not allow for both the residence and a business to operate at the same time.
Mr. McCafferty was in agreement, and stated it has already been converted to office use through a prior
conditional use permit and that is what needs to remain and that zone does not permit caretaker's
quarters.
Chairman Eastman stated that is another issue that the owner may need to work out with the people
leasing the property; she suggested a continuance of the item.
Mr. Slagle was in agreement.
Commissioner Flores referred to the parking issue and asked staff to elaborate on how they would
calculate the parking.
Mr. McCafferty stated he could read from the Code.
• Commissioner Buffa suggested that the owner, applicant and staff ineet in order to work out the details of
what is required.
After action was taken:
Mr. Trejo referred to the business across the street, the Palm Reader, and stated they live there and he
asked if there is a difference in Code as far as the necessary license in order to live there and also to
conduct their business.
Mr. McCafferty stated they would need to look into the individual circumstance but the fact is that this is
already converted to commercial occupancy and that is what needs to remain, it cannot be both.
Chairman Eastman suggested that they work with staff in order for them to have a ciear understanding.
Mr. Trejo spoke regarding the parking and stated there was a site plan and it shows the parking as it is
today.
• • ~ ~ - • ~ • ~ ~ •
OPPOSITION: None
ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Velasquez
(Commissioner O'Connell abstained; Commissioner Vanderbilt-Linares absent) and
MOTION CARRIED, to continue the subject request to the October 18, 2004, Planning
Commission meeting to allow the petitioner time to work with staff and the owner of the
property regarding securing potential off-site parking for the proposed church.
VOTE: 5-0 (Commissioner O'Connell abstained due to receiving funds from the Slagle family for
• his campaign; Commissioner Vanderbilt-Linares absent)
DISCUSSION TIME: 11 minutes (3:40-3:51)
09-20-04
Page 29
SEPTEMBER 20, 2004
PLANNING COMMISSION MINUTES
•
12a. CEQA Environmental Impact Report No. 330 (Previouslv-Certified)
12b. Miscellaneous Case No. 2004-00087
12c. Zoninq Code Amendment No. 2004-00035
Agent: City of Anaheim, Planning Department, 200 South Anaheim
Boulevard, Anaheim, CA 92805
Location: 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 known
as "The Platinum Triangle".
Miscellaneous Case No. 2004-00087 - City-initiated (Planning Department)
request to rescind two P{anning Commission Resolutions: Resolution No.
PC2004-80 (a resolution of the Anaheim City Planning Commission
recommending that the City Council rescind the resolution of intent to the Sports
Entertainment (SE) Overlay Zone) (Resolution No. PC2000-14) (Miscellaneous
Case No. 2004-00082) and Resolution No. PC2000-14 (a resolution of intent to
reclassify certain properties within the Anaheim Stadium Area to the Sports
Entertainment (SE) Overlay Zone) (Reclassification No. 99-00-15).
•
Zoning Code Amendment No. 2004-00035 - City-initiated (Planning
Department) request to amend various sections of Title 18 (Zoning) af the
Anaheim Municipal Code to replace references to the Anaheim Stadium Area
and the Sports Entertainment (SE) Overlay Zone with The Platinum Triangle and
the Platinum Triangle Mixed Use (PTMU) Overlay Zone and provide consistency
between Title 18 and The Platinum Triangle Master Land Use Plan.
Miscellaneous Case No. 2004-00087 Resolution No. PC2004-112
•
Chairman Eastman opened the public hearing.
Susan Kim, Associate Planner, introduced Item No. 12.
THE PUBLIC HEARING WAS CLOSED.
Approved
Granted
Approved
sr8777sk.doc
FOLLOWING 1S A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
ACTION: Commissioner Buffa offered a motion, seconded by Commissioner O'Connell and
MOTION CARRIED (Commissioner Velasquez temporarily absent and Commissioner
Vanderbilt-Linares absent), that as lead agency for the Proposed Actions, based upon
its independent review of the Initial Study prepared in connection with the Proposed
Actions (Miscellaneous Case No. 2004-00087 and Zoning Code Amendment No. 2004-
00035) and analysis whether the Proposed Actions may cause any additional significant
effect on the environment which was not previously examined in FEIR No. 330, and
associated mitigation monitoring plans, find and determine, based upon said Initial Study
and the evidence received at the public hearing, that no additional significant effect will
result from the proposal, no new mitigation measures or alternatives are required, and
that the Proposed Actions are within the Scope of FEIR No. 330, and that the
09-20-04
Page 30
SEPTEMBER 20, 2004
PLANNING COMMISSION MINU7ES
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 Actions and satisfy ali of the
requirements of CEQA; and, that no further environmental documentation need be
prepared for the Proposed Actions. Moreover, as individual development projects and
infrastructure improvements are proposed to implement The Platinum Triangle Master
Land Use P~an and the PTMU Overlay Zone, Initial Studies for those projects shall be
prepared in compliance with CEQA requirements to determine whether additional
environmental documentation will need to be prepared.
Granted Resolution No. PC2004-80 (a resolution of the Anaheim City Planning
Commission recommending that the City Council rescind the resolution of intent to the
Sports Entertainment (SE) Overlay Zone) (Resolution No. PC2000-14) (Miscellaneous
Case No. 2004-00082), and Resolution No. PC2000-14 (a resolution of intent to
reclassify certain properties within the Anaheim Stadium Area to the Sports
Entertainment (SE) Overlay Zone) (Reclassification No. 99-00-15), and adoption of the
resolution attached to the staff report dated September 20, 2004, including the findings
and conditions contained therein.
Recommended City Council adopt the draft ordinance in Attachment C of the
September 20, 2004, staff report amending various sections of the Anaheim Municipal
Code to replace references to the Anaheim Stadium Area and the Sports Entertainment
(SE) Overlay Zone with The Platinum Triangle and the Platinum Triangle Mixed Use
(PTMU) Overlay Zone to provide consistency with The Platinum Triangle Master Land
Use Plan.
• VOTE: 5-0 (Commissioner Velasquez temporarily absent; Commissioner Vanderbilt-Linares
absent)
Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights.
DISCUSSION TIME: 5 minutes (3:51-3:56)
•
09-20-04
Page 31
SEPTEMBER 20, 2004
PLANNING COMMISSION MINUTES
~
MEETING ADJOURNED AT 3:58 P.M.
TO MONDAY, OCTOBER 4, 2004 AT 11:00 A.M.
FOR PRELIMINARY PLAN REVIEW.
Respectfully submitted:
• `ij~~~~ %~ZZv~t,v
Eliy Morris
Senior Secretary
Received and approved by the Planning Commission on ~ C~ o~er /g , 2004.
~
09-20-04
Page 32