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Minutes-PC 2004/11/15 (3)~ ~~oi ~i ~~ ~~1 E I 1Vj ~~ Monday, November 15, 2004 • • ~o~ ~~ ~~DE~ c~~ r~ ~ ~ ~ ~ %~ ~$% CITY OF ANAHEIM Planning Commission Minutes 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 P{anner Natalie Meeks, Development Services Manager Cheryl Flores, Senior Planner Joseph Wright, 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 12:30 p.m. Wednesday, November 10, 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, October 21, 2004 • Call To Order Preliminary Plan Review 1:00 P.M. • STAFF UPDA7E TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE NOVEMBER 15, 2004 AGENDA • Recess To Afternoon Pubfic Hearing Session • Reconvene To Public Hearing 2:00 P.M. For record keepinp purposes if you wish to make a statement repardinq any item on the apenda please complete a speaker card in advance and submit it to the secretarv. • Pledge Of Allegiance: Commissioner Romero • Public Comments • Consent Calendar • Public Hearing Items • Adjournment You may leave a message for the Planning Commission using the following e-mail address: planninqcommission(a)anaheim.net H:\DOCS\CLERICAL\MINUTES~AC111504.DOC NOVEMBER 15, 2004 PLANNING COMMISSION MINUTES ~ J C ~ Anaheim Planning Commission Agenda - 2;00 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 Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The Report and Recommendation items 1-A through 1-C, including the Planning Commission minutes on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Commissioner Suffa offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner Flores abstained from the minutes), for approval of Consent Calendar Items and the Planning Commission Minutes of November 1, 2004, as recommended by staff. UNANIMOUSLY APPROVED Renorts and Recommendations A. (a) CEQA Neaative Declaration (Previouslv-Approved} (b) Administrative Adjustment No. 2004-00271 (c) Variance No. 2004-04601 (Tracking No. VAR2004-04632) Agent: Brian Oslin, Brian Oslin Design, 8621 Bellmead Drive, Huntington Beach, CA 92646 Continued to December 13, 2004 (Vote: 7-0) Location: 111 Mohler Drive. Administrative Adjustment No. 2004-00271 - Requests an administrative adjustment to waive maximum building height for a proposed single-family residence. Variance No. 2004-04601 (Tracking No. VAR2004-04632) - Requests review of final site, floor, elevation, landscape and fencing plans. • sr8815jn.doc FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. I OPPOSITION: None ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Romero and MOT10N CARRIED, to continue the subject request to the December 13, 2004, Planning Commission meeting as requested by the petitioner. VOTE: 7-0 DISCUSSION TIME: This item was not discussed 11-15-04 Page 2 NOVEMBER 15, 2004 PLANNING COMMISSION MINUTES • B. (a) CEQA Nectative Declaration (Previouslv-Approved) Approved (b) Conditional Use Permit No. 2002-04554 Approved retroactive (Tracking No. GUP2004-04920) extension of time for one year (to expire Agent: Eric Chen, 650 West Huntington Drive #201, Arcadia, CA September 24, 2005) 91007 Location: 1126 North Euclid Street. (Vote: 7-0) Requests a retroactive extension of time to comply with conditions of approval for a previously-approved 32 unit attached residential condominium subdivision. ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Romero and MOTION CARRIED, that the previously-approved CEQA Negative Declaration is adequate to serve as the required environmental documentation for subject request. Commissioner Buffa offered a motion, seconded by Commissioner Romero and MOTION CARRIED, that the Anaheim City Pianning Commission does hereby approve the request for a one (1) year extension of time to expire on September 24, 2005, based on the following: (i) That the proposed plan remains in conformance with the • current zoning and General Plan land use designation for this property. Further, there have been no code amendments that would cause the approval to be considered inconsistent with the Zoning Code, nor has the petitioner submitted plans that would render the project inconsistent with the existing Zoning Code. (ii) That this is the second request for a time extension, and Code permits a maximum of two requests for extension of time to comply with conditions of approval. (iii) That there is no information or changed circumstances which contradict the facts necessary to support one or more of the required findings for approval of Conditional Use Permit No. 2002-04554. (iv) That the property has been maintained in a safe and clean condition and there are no unremediated Code violations for this property. sr8813mn.doc ~ 11-15-04 Page 3 NOVEMBER 15, 2004 PLANNING COMMISSION MINU7ES r~ L_J • ~~ C. (a) CEQA Neqative Declaration (Previouslv-Approvedl Approved (b) Conditional Use Permit No. 2004-04866 Approved (Tracking No. CUP2004-04931) Agents: Mark Bookspan, 4 Hutton Center Drive, Santa Ana, CA 92707 (Vote: 7-0) Patience Casey, Cummings Signs, 1495 Columbia Avenue, Riverside, CA 92507 Location: 225 South Euclid Street. -(Daniel's Furniture) Request to review final sign plans for a previously-approved drive- through restaurant. ACTfON: Commissioner Buffa offered a motion, seconded by Commissioner Romero and MOTION CARRIED, that the previously-approved CEQA Negative Declaration is adequate to serve as the required environmental documentation for subject request. Commissioner Buffa offered a motion, seconded by Commissioner Romero and MOTION CARRIED, that the , Anaheim City Planning Commission does hereby approve the final sign plans for the previously-approved drive-through restaurant (Conditional Use Permit No. 2004-04866) based on Commission's concurrence with staff that the proposed signs are appropriate based on the scale of the building, comply with Code and are compatible with other signs in the vicinity. sr3088ey.doc Minutes Receiving and approving the Minutes from the Planning Commission Approved Meeting of November 1, 2004 (Motion) ACTION: Commissioner Buffa offered a motion, seconded by (vote: 6-0, Commissioner Commissioner Romero and MOTION CARRIED Flores abstained) (Commissioner Flores abstained), that the Anaheim City Planning Commission does hereby receive and approve the minutes for the Planning Commission meeting of November 1, 2004. 11-15-04 Page 4 NOVEMBER 15, 2004 PLANNING COMMISSION MINUTES • Public Hearina Items: 2a. CEQA Neqative Declaration 2b. Conditional llse Permit No. 2004-04910 Owner: Anaheim Union High School District, P.O. Box 3520, Anaheim, CA 92803 Agent: Kenny Zwick, Delta Group, 2362 McGaw Avenue, Irvine, CA 92614-5832 Location: 1800 West Ball Road. Property is approximately 17.2 acres, located at the southeast corner of Bafl Road and Nutwood Street (Trident Adult Center). Request to permit a telecommunications antenna (disguised as a pine tree) with accessory ground-mounted equipment. Continued from the October 18, 2004, Planning Commission Meeting. Conditional Use Permit Resolution No. Continued to December 13, 2004 sr8798dh.doc ~~ FOLLOW{NG IS A 5UMMARY OF THE PLANNWG COMMISSION ACTION. ~ OPPOSITION: None ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRIED, to continue the subject request to the December 13, 2004, Planning Commission meeting as recommended by staff. VOTE: 7-0 DISCUSSION TIME: This item was not discussed u 11-15-04 Page 5 NOVEMBER 15, 2004 PLANNItVG COMMISSION MfNUTES ~ 3a. CEQA Environmental impact Report No. 313 (Previously Certifiedl Approved 3b. Reclassification No. 2004-00135 Granted 3c. Specific Plan Amendment No. 6 To The Anaheim Resort Specific Recommended Plan No. 92-2 approval to City Council 3d. Waiver of Code Requirement Approved 3e. Conditional Use Permit No. 2004-04922 Granted 3f. Determination Of Public Convenience Or Necessitv No. 2004-00016 Granted 3g. Conversion Impact Report (MIS No. 2004-00093) Approved Agent: RHL Design Group, Inc., Maria McGrew, 2401 East Katella Avenue #400, Anaheim, CA 92806 Location: 100 East Katella Avenue. Property is approximately 0.78- acre, located at the southeast corner of the intersection of Katella Avenue and Haster Street. Reclassification No. 2004-00135 - Request reclassification of the subject property from the SP92-2 (MHP) (The Anaheim Resort Specific Plan - Mobile Home Park) overlay to the SP92-2 (The Anaheim Resort) Specific Plan, or less intense zone. Specific Plan Amendment No. 6 To The Anaheim Resort Specific Plan No. 92-2 (SPN2004-00027) - Request to modify the Zoning and Development Standards to permit the relocation of an existing service station facility with frontage on Harbor Boulevard to a location not fronting on Harbor Boulevard and accessory convenience markets with or without the sale of beer and wine for off-premises consumption as an accessory • use to service statlons. Conditional Use Permit No. 2004-04922 - Request to construct a service station with a convenience market with 4he retail sales of beer and wine for off-premises consumption in conjunction with the relocation of an existing service station with street frontage on Harbor Boulevard with waivers of: (a) minimum distance of monument sign from an intersection, (b) maximum building height adjacent to mobile home park, (c) minimum interior structural setback and yard requirements, (d) permitted location of parking area, and (e) landscape setback abutting a mobile home park. Determination Of Public Convenience Or Necessity No. 2004-00016 - Request Determination of Public Convenience or Necessity to permit sales of beer and wine for off-premises consumption in conjunction with a service station with an accessory convenience market. Conversion lmpact Report (MIS No. 2004-00093)- Request approval of a conversion impact report to relocate four (4) mobile homes within an existing mobile home park. Reclassification Resolution No. PC2004-133 Specific Plan Amendment No. 6 To The Anaheim Resort Specific Plan Resolution No. PC2004-134 Conditional Use Permit Resolution No. PC2004-135 ~ Determination Of Public Convenience Or Necessity sr5127jr.doc Resolution No. PC2004-136 11-15-04 Page 6 NOVEMBER 15, 2004 PLANNING COMMISSION MINUTES • Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 3 and read into the record a clarification to the conditions of approval in the conditional use permit draft resolution. Applicant's Statement: Larry Tidball, Architect for Chevron, RHL Design Group, Inc., 2401 E. Katella Avenue, Anaheim, CA, indicated they are in agreement with the conditions of approval and they understand that some of the conditions, especially on Thursday, Friday and Saturday nights, regarding the sales of beer and wine is related to some historical problems in the area. When the problems are mitigated by Redevelopment or if changes occur, they would hope to revisit those conditions. THE PUBLIC HEARING WAS CLOSED. Chairman Eastman asked if the old station was under the same ownership. Mr. Tidball responded it is currently owned by Chevron and their intent is to sell it, therefore, the proposed use would be more appropriate for the resort area. Commissioner Vanderbilt-Linares referred to the findings indicated in the Conversion Impact Report and stated he supports the finding which states, "denial ofi the reclassification would deprive the owner of all reasonable or economical~y viable use of the property." • ~ ~ ~ ' • ~ • ~ ~ • ~ OPPOSITION: None ACTION: Commissioner Vanderbilt-Linares offered a motion, seconded by Commissioner Romero and MOTION CARRIED, that the Anaheim City Planning Commission does hereby determine that the previously-certified EIR No. 313, together with Mitigation Monitoring Plan No. 067, is adequate to serve as the required environmental documentation for subject request. Granted Reclassification No. 2004-00135 to reclassify the subject property from the SP92-2 (MHP) (The Anaheim Resort Specific Plan - Mobile Home Park) overlay to the SP92-2 (The Anaheim Resort) Specific Plan. Recommended to City Council approval of Specific Plan Amendment No. 6 To the Anaheim Resort Specific Plan No. 92-2 (SPN2004-00027) and adoption of the resolution attached to the staff report dated November 15, 2004, inc~uding the findings and conditions contained therein. Approved, in part, Waiver of Code Requirement, as follows: Approved waivers pertaining to (a) minimum distance of monument sign from intersection, (c) minimum interior structural setback and yard requirements, and (e) landscape setback abutting a mobile home park. Denied waivers (b) pertaining to maximum building height adjacent to a mobile home park, and (d) pertaining to permitted location of parking area, as they have been deleted. S Granted Conditional Use Permit No. 2004-04922 (to establish a service station with a convenience market with the retail sales of beer and wine for off-premises consumption) in conjunction with the relocation of an existing service station with 11-15-04 Page 7 NOVEMBER 15, 2004 PLANNING COMMISSION MINU7ES • street frontage on Harbor Boulevard; and adoption of the resolution attached to the staff report dated November 15, 2004, including the findings and Conditions contained therein, with the following modifications: Modified Condition No. 18 to read as follows: 18. That prior to the issuance of a grading permit, the City of Anaheim Storm Drain Impact and lmprovement Fee for the South Central Area shall be paid. The fee is currently $~9/~-,889gs# $23,342 per net acre for commercial devefopments. Granted Determination Of Public Convenience Or Necessity No. 2004-00016 to permit sales of beer and wine for off-premises consumption in conjunction with a service station with an accessory convenience market; and adoption of the resolution attached to the staff report dated November 15, 2004, including the findings and conditions contained therein. Commissioner Vanderbilt-Linares offered a motion, seconded by Commissioner Romero and MOTION CARRIED, that the Anaheim City Planning Commission does hereby approve the Conversion Impact Report (MIS No. 2004-00093) to relocate four (4) mobile homes within an existing mobile home park. VOTE: 7-0 Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, December 7, 2004, ~ DISCUSSION TIME: 19 minutes (2:11-2:30) ~ 11-15-04 Page 8 NOVEMBER 15, 2004 PLANNING COMMISSION MINUTES ~ C ~ 4a. CEQA Neqative Declaration Continued to 4b. Waiver Of Code Requirement December 13, 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, Ju{y 26, August 9, September 20 and November 1, 2004, Planning Commission Meetings. Conditional Use Permit Resolution No. sr5128jr.doc FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRIED, to continue the subject request to the December 13, 2004, Planning Commission meeting as requested by the petitioner. VOTE: 7-0 DISCUSSION TIME: This item was not discussed u 11-15-04 Page 9 NOVEMBER 15, 2004 PLANNING COMMISSION MINUTES • 5a. CEQA Neqative Declaration 5b. Waiver Of Code Requirement 5c. Conditional Use Permit No. 2004-04916 Owner: James Elmore, Trinity Lutheran Church, 4101 East Noh! Ranch Road, Anaheim, CA 92807 Location: 4101 Nohl Ranch Road. Property is approximately 4 acres, located at the northeast corner of Nohl Ranch Road and Nohl Canyon Road (Trinity Lutheran Church). Request to permit an addition to an existing church and private school and to amend a conditian of approval pertaining to the maximum number of students with waivers of: (a) maximum structural height, and (b) minimum number of parking spaces. Continued from the November 1, 2004, Planning Commission Meeting. Conditional Use Permit Resolution No. • u Continued to December 13, 2004 sr8817av.doc FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRIED, to continue the subject request to the December 13, 2004, Planning Commission meeting as requested by the petitioner. VOTE: 7-0 DISCUSSION TIME: This item was not discussed 11-15-04 Page 10 NOVEMBER 15, 2004 PLANNING COMMISSION MINUTES 6a. Environmental Impact Report No. 327 Approved • 6b. Waiver Of Code Requirement Approved, in part 6c. Conditional Use Permit No. 2001-04431 Granted 6d. Saecimen Tree Removal Permit No. 2002-00001 Approved 6e. Amendment to Santa Ana Canvon Road Access Point Studv Recommended City (MIS2004-00088) Council approval Owner: Waddell Foods, 801 North Beach Boulevard, La Habra, CA 90631 Agent: John & Lisa Waddell, 207 Redrock Street, Anaheim, CA 92807 Location: Property is approximately 29 acres, having a frontage of 1,413 feet on the south side of Santa Ana Canyon Road, located 983 feet west of the centerline of Festival Drive (No address). Conditional Use Permit No. 2001-04431 - Request to construct a wedding chapel and banquet facility with on-premises sales and consumption of alcoholic beverages and roof-mounted equipment with waivers of (a) maximum building height, (b) required street dedication and improvement and (c) minimum number of parking spaces. Specimen Tree Removai Permit No. 2002-00001 - To remove thirty (30) specimen Oak trees. ~ Amendment to Santa Ana Canyon Road Access Point Study • (MIS2004-00088) - Amendment to Exhibit No. 7 of the Santa Ana Canyon Road Access Point Study. Continued from C?ctober 4 and November 1, 2004, Planning Commission Meeting Environmental Impact Report Reso{ution No. PC2004-137 Conditional Use Permit Resotution No. PC2004-138 Amendment to Santa Ana Canyon Road Access Point Study (MIS2004-00088) Resolution No. PC2004-139 sr8816av.doc Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 6 and stated staff is supportive of the request, with the exception of the waiver pertaining to required street dedication improvement, since staff is recommending denial of that waiver based on the analysis in the environmental impact report. ApplicanYs Statement: Lisa Waddell, 207 Redrock Street, Anaheim, CA, stated she is trying to build Canyon Hills Manor and asked to speak following the public's comments. Public Testimony: • Bill Wynne, 5401 Fairmont Boulevard, Yorba Linda, CA, stated he represents Calvary Chapel of Yorba Linda, adjoining property owner. He expressed concern regarding access for the project and he asked ~ for clarification regarding the waiver of the access point. 11-15-04 Page 11 NOVEMBER 15, 2004 PLANNING COMMISSION MINUTES • Mr. McCafferty responded Mr. Wynne is correct, they are not proposing that they share the access point. The applicant is requesting an additional access point on Santa Ana Canyon Road further east of the proposed location for Calvary Church. Christine Haynes, 7707 E. Margaret Drive, Anaheim, CA, stated she is a residenUrealtor in the area. She indicated there are estate homes behind the subject project and they need to consider the impacts to those homes. She spoke regarding on-premises sales and consumption of alcoholic beverages and asked if they are considering the impacts of the children who might be attending area schools in the future. Paul King, address given was not legible, stated he is a resident of the area since 1988 and is in opposition to the Canyon Hills Manor project. The clearing of the southwest corner at Mohler Drive and Santa Ana Canyon Road has created wildlife being displaced such as mice, rats, rabbits and coyotes. He expressed concerns regarding alcohol, traffic, and the removal of an 8-story building. Sonja Grewal, P.O. Box 17224, Anaheim, CA, stated she is speaking on behalf of the Board of Directors, Anaheim Hilis Citizens' Coalition. The best options for the property would be for someone to reimburse the owners and make it into permanent open space or a clustered home project, planned in partnership with adjacent projects. However, if the project is approved, then they feel the biological avoidance alternative favored by Fish and Game is the best alternative, as it only grades 10 acres versus 23 acres. She asked that the project be denied in order ta give the applicant time to explore alternatives. Gloria Manriquez, 949 S. Wildrose Lane, Anaheim, CA, stated she has been a resident of Anaheim Hilis for 10 years. She removed her children from an overcrowded public school and welcomes the private school that is going to be built in the area (Calvary Chapel of Yorba Linda). She expressed concerns regarding alcoholic beverages being served in the proposed facility, and asked if it would be rented out • during the week or only on weekends. Stewart Moss, address not given, stated he is a 30-year resident of the area. He referred to the grading and asked if anyone has taken into consideration the noise impact caused by the removal of 82 feet of the ridgeline. Currently, the freeway noise is significant and they reside approximately one mile back in the hills. Applicant's rebuttal: Lisa Waddell read into the record a contract that their clients have to sign pertaining to alcohof use. She stated that in 13 years of business at their La Habra and Garden Grove facilities they have never had to shut down a party. ~ THE PUBLIC HEARING WAS CLOSED. Joseph Wright, Associate Planner, stated staff received approximately 25 letters/e-mails expressing concerns with the project. He summarized the concerns that were raised and gave responses to the concerns. Commissioner O'Connell asked for staff's input regarding Sonja Grewal's comments. Mr. McCafferty referred to the biological aiternative and stated it minimizes the amount of area disturbed that is existing biological habitat and pushes the development further towards Santa Ana Canyon Road, preserving the area to the south. In exchange for that you would have impacts closer to where it is more visual; adjacent to Santa Ana Canyon Road you would have the retaining wall that would be needed to construct that alternative. ~ Mr. Wright stated that the reason it has so much visual impact is because of the proposed retaining wall. 11-15-04 Page 12 NOVEMBER 15, 2004 PLANNING COMMISSION MINUTES • Lisa Waddell addressed questions raised by Commissioner Romero regarding the operations of the proposed business. Commissioner Vanderbilt-Linares referred to traffic that would be generated by the subject facility and expressed his concerns. Alfred Yalda, Principal Transportation Planner, indicated the proposed traffic signal is going to be in a good location and could be coordinated with The Festival Drive as well as Mohler Drive. The interruption would be minimal and the signals would be synchronized to make traffic move freely on Santa Ana Canyon Road. He feels the signal would help address the traffic concerns. Further discussion took place amongst the Commissioners regarding traffic; Commissioner Vanderbilt- Linares explained reasons why he is not satisfied with the EIR's text in terms of traffic. Commissioner Buffa stated she does not share that concern and feels the EIR has done a very adequate job in addressing the traffic impacts. She agrees with staff that in order for the business to operate successfully, and for traffic to be safe on Santa Ana Canyon Road, that fhe road needs to be widened. She does not feel the biological avoidance alternative would be a benefit to anybody in the City of Anaheim, and feels it would be terrible for the neighbors to build a retaining wall along Santa Ana Canyon Road. For that aesthetic reason alone, she feels they should support staff and reject that alternative. Commissioner Velasquez stated she shares the same concerns as Commissioner Vanderbilt-Linares because she is concerned about the traffic on Santa Ana Canyon Road. She asked, based on staff's recommendation, how many cars would the turning lane accommodate. Mr. Yalda referred to the left-turn movement and stated they do_not have the exact design but generally • speaking they allow one feet per car and once that is determined they would then determine what the actual length of the left-turn pocket could be. They usually figure that out once the project is approved and it is under design. Commissioner Buffa stated it is the City's obligation to look at the General Plan build out and what is coming in the "pipeline" towards the General Plan build out. Theyjust approved the General Plan, contemplating thousands of additional dwelling units and many new businesses in the area, and she feels all those things get taken into consideration. Commissioner O'Connell concurred with Commissioner Buffa and stated he is supportive of the widening of the road and installation of the proposed signal. He feels the impact of traffic on the weekends would not be significant and concurs that traffic does get heavy, but he doesn't feel a wedding facility would be a problem. • • ~ ~- • ~ • • ~ • OPPOSITION: 2 people spoke in opposition to the subject request. 26 letters were received in opposition to the subject request. CONCERNS: 4 people spoke with concerns pertaining to the subject request. ACTION: Certified Environmental Impact Report No. 327 including the Statement of Findings and Facts and adopted Mitigation Monitoring Plan No. 123 based on the finding that said action reflects the independent judgment of the Planning Commission and that the document is adequate to serve as the appropriate environmental documentation for the request. Vote: 6-1 (Commissioner Vanderbilt-Linares voted no) ~ Approved, in part, Waiver of Code Requirement, as follows: 11-15-04 Page 13 NOVEMBER 15, 2004 PLANNING COMMISSION MINUTES • Approved waivers pertaining to (a) maximum structural height, and (c) minimum number of parking spaces. Denied waiver (b) pertaining to the required street dedication and improvement of Santa Ana Canyon Road. Vote: 6-1 (Commissioner Vanderbilt-Linares voted no) Granted Conditional Use Permit No. 2001-04431 (to construct a wedding chapel and banquet facility with on-premises sales and consumption of afcohofic beverages and roof-mounted equipment) and adoption of the resolution attached to the staff report dated November 15, 2004, including the findings and conditions contained therein. Vote: 6-1 (Commissioner Vanderbilt-Linares voted no) Commissioner Buffa offered a motion, seconded by Commissioner Flores and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve Specimen Tree Removal Permit No. 2002-00001 (to remove thirty (30) specimen Oak trees), including the conditions attached to the staff report dated November 15, 2004. Vote: 6-1 (Commissioner Vanderbilt-Linares voted no) Recommended to City Council approval of amendment to Exhibit No. 7 of the Santa Ana Canyon Road Access Point Study (MIS2004-00088) to allow an additional access point on Santa Ana Canyon Road. Vote: 6-1 (Commissioner Flores voted no) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, December 7, 2004. • DISCUSSION TIME: 1 hour 20 minutes (2:31-3:51) • 11-15-04 Page 14 NOVEMBER 15, 2004 PLANNING COMMISSION MINUTES • ~ ~ 7a. CEQA Mitiqated Neqative Declaration and Mitiqation Monitorinq Approved Proqram No. 125 7b. Waiver of Code Requirement Approved 7c. Conditional Use Permit No. 2004-04906 Granted 7d. Development Aqreement No. 2004-00002 Recommended City Council approval 7e. Request for Citv Council Review of Item Nos. 7b and 7c Recommended City Council review Owner: Crea/Nexum Anaheim Corners, LLC, 9381 Judicial Drive #100, San Diego, CA 92121 Agent: Holly Sandler, JL Hare Associates, 1450 North Tustin Avenue #105, Santa Ana, CA 92705 Location: 1801 East Katella Avenue. Property +s approximately 6.3 acres, located at the northwest corner of Katella Avenue and State College Boulevard. Conditional Use Permit No. 2004-04906 - Request to modify required setbacks and to permit sales of alcoholic beverages for on-premises consumption in a proposed restaurant within the Stadium Lofts - Anaheim (a proposed high-density urban mixed-use center with 390 apartment dwelling units located above retail and restaurant uses, and a clubhouse and leasing office surrounding a 5-level parking structure) with waivers of: (a) minimum dimension and area of patios/balconies, and (b) required building treatment adjacent to streets. Development Agreement No. 2004-00002 - Request to adopt a Development Agreement between the City of Anaheim and Nexus Properties, Inc., for the Stadium Lofts - Anaheim project. Conditional Use Permit Resolution No. PC2004-140 sr8806cf.doc Development Agreement Resolution No. PC2004-141 Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 7 and stated they submitted revised resolutions to the Planning Commission and the applicant. ApplicanYs Statement: Eric Heffner, Windstar Communities, 1801 E. Katella Avenue, Anaheim, CA, stated they are the developers for the proposed project and are extremely excited to be a part of the Platinum Triangle. The project is going to be 100% market rate rental apartment community and a high-class type of community with a lot of condo specifications. They have retail along the ground floor and are looking for high-end tenants to occupy the high-end restaurant and other retail uses. He gave details regarding the design of the parking garage and the proposed project and also presented a video of the project. THE PUBLIC HEARING WAS CLOSED. Commissioner Buffa referred to the State College Boulevard side and the proposed wall, and asked if it is going to be a crib wal! or a vertica{ retaining wall. Mr. Heffner responded they would have a retaining wall initially underneath the building but they have enough setback to get a slope. 11-15-04 Page 15 NOVEMBER 15, 2004 PLANNING COMMISSION MINUTES ! In response to Chairman Eastman's question Mr. Heffner confirmed that the slope would be between the building and the sidewalk. In response to a question posed by Commissioner Flores, Dave Slaughter, Fuscoe Engineering, responded in the future State College Boulevard would go under the railroad tracks. At the center of the intersection of Wright Circle and State College Boulevard it would lower about 12 to 13 feet. Commissioners O'Connell, Flores and Velasquez expressed their support of the project. Chairman Eastman referred to the architecture and addressed a concern regarding the massing along State College Boulevard. Kevin Newman, Meeks Partners Architects, 20401 Birch Street, Suite 200, Newport Beach, CA, stated they took a lot of consideration in terms of how State College Boulevard and Katella Avenue would be perceived. They are dealing with a 50-foot height limitation and are trying to maximize as much density as possible. He gave details regarding the architecture and stated they tried to integrate roofs where the actual residential occurs versus flat roofs where they wanted to note a strong essence of commercial and the loft components. If they had a higher height barrier they would be able to create more massing but complying with specific guidelines they feel this was the way they could utilize the breaks in the building and the colorization. • • - . ~ ~i~ie: • . e-- . •ii~i •- ~ •- OPPOSITION: None ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Romero • and MOTION CARRIED, that the Anaheim City Planning does hereby determine that the CEQA Nhitigated Negative Declaration and Mitigation Monitoring Program No. 125 are adequate to serve as the required environmental documentation for this request. Approved Waiver of Code Requirement. Granted Conditional Use Permit No. 2004-04906 (to modify required setbacks and to permit sales of alcoholic beverages for on-premises consumption in a proposed restaurant within the Stadium Lofts - Anaheim) and adopted the resolution attached to the staff report dated November 15, 2004, including the findings and conditions contained therein, with the following modifications: Modified Parcel B to read as follows: PARCEL B: PARCEL 4 2 OF PARCEL MAP NO. 85-214, AS SHOWN ON A MAP FILED IN BOOK 208, PAGES 11 AND 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. Modified Condition Nos. 34j, n and t, to read as follows: j. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to on-site residents or off-site nearby residents. ~ n.That the portion of this permit regarding the sales of alcohol shall expire e~e ~ea~ five years from the date of approval unless a valid license has been issued by the California Department of Alcoholic Beverage Controi. 11-15-04 Page 16 NOVEMBER 15, 2004 PLANNING COMMISSION MINUTES • t. That there shall be no ublic tele hones P P on the premises located within the view of any right-of-way. Deleted Condition No. 34m as it was a duplicate of Condition No. 34t. Recommended City Council approval of Development Agreement No. 2004- 00002 (between the City of Anaheim and CREA/Nexus Anaheim Corners, LLC) to provide for the development of Stadium Lofts - Anaheim. Recommended City Council review of the CEQA Mitigated Negative Declaration and Mitigation Monitoring Program No. 125, Waiver of Code Requirement, and Conditional Use Permit No. 2004-04906. VOTE: 7-0 Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, December 7, 2004. DISCUSSION TIME: 50 minutes (3:52-4:42) • • 11-15-04 Page 17 NOVEMBER 15, 2004 . PLANNING COMMISSION MINUTES • 8a. CEQA Neaative Declaration 8b. Conditional Use Permit No. 2004-04921 Owner: Prince of Peace Lutheran Church, 1421 West Ball Road, Anaheim, CA 92802 Agent: Claudia Cockrum, 18071 Fitch #200, Irvine, CA 92614 Location: 1421 West Ball Road. Property is approximately 3.7 acres, having a frontage of 260 feet on the north side of Bal! Road, located 142 feet east of the centerline of Hampstead Street (Prince of Peace Lutheran Church). Request to permit a telecommunication facility (disguised as a cross) with accessory ground-mounted equipment. Conditional Use Permit Resolution No. PC2004-142 Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 8. Approved Granted for 5 years (to expire on November 15, 2009) sr8811 dh.doc ApplicanYs Statement: ~ Claudia Cockrum, 18071 Fitch #200, Irvine, CA, stated she concurs with the conditions of approval and is • present to answer any questions. Public Testimony: Kerwin Duerr, Pastor of Prince of Peace Lutheran Church, 1421 W. Ball Road, Anaheim, CA, expressed his support of the request and indicated the chairman of the congregation is present to answer any questions. THE PUBLIC HEARING WAS CLOSED. Commissioner Velasquez referred to the staff report, page 2, and asked if the picture of the cross was to scale. Claudia Cockrum responded it is an approximation but should be to scale, it is roughly 27 feet as existing and they are proposing 35 feet. Mr. McCafferty stated the existing 2-story building to the left of the proposed cross is 26 feet in height, therefore the cross would be approximately 9 feet higher. Chairman Eastman asked the applicant if any consideration was given to the color of the cross because another color might blend better. Claudia Cockrum responded they wanted to replicate what already existed and did not consider the coloring. She concurred that the bright white cross in the picture might not be the best illustration but believes it might look different once it was built. ~ 11-15-04 Page 18 NOVEMBER 15, 2004 PLA-dNfNG COMMISSION MINUTES ~ • • ~ ~~ • • ~ • • ~ • OPPOSITION: None ACTION: Approved CEQA Negative Declaration Granted Conditional Use Permit No. 2004-04921 (to permit a telecommunications facility disguised as a cross with accessory ground-mounted equipment) for a period of five (5) years, to expire on November 15, 2009; and adoption of the resolution attached to the staff report dated November 15, 2004, including the findings and conditions contained therein. VOTE: 7-0 Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, December 7, 2004. DISCUSSION TIME: 8 minutes (4:43-4:51) • ~ 11-15-04 Page 19 NOVEMBER 15, 2004 PLANNING COMMISSION MINUTES • 9a. CEQA Neqative Declaration Approved 9b. Waiver of Code Requirement Approved 9c. Conditional Use Permit No. 2004-04925 Granted Owner: CTXVOrangethorpe Daley, 1661 North Raymond Avenue, Anaheim, CA 92801 Agent: VIC Cirrincione, 705 West La Veta Avenue #214, Orange, CA 92868 Location: 1661 North Ravmond Avenue. Property is approximately 4.9 acres, located at the southwest corner of Orangethorpe Avenue and Raymond Avenue (Ca-vary Chapel Grace Church). Request to permit a church within an existing office building with waiver of minimum number of parking spaces. Conditional Use Permit Resolution No. PC2004-143 sr8812dh.doc Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 9. ApplicanYs Statement: ~ Stephen Oh, Calvary Chapel Grace Church, 560 E. Lambert Road, Brea, CA, stated that they are a very small church and he gave background information of their church. He indicated during the week they utilize the church office but would not have any special activities. They would usually use the facility on Sunday mornings but that there is no business activity on Saturdays or Sundays. They are trying to occupy 3,200 square feet, and the building itself is 90,000 square feet. They provided a parking study, which proved that they have enough parking spaces. THE PUBLIC HEARING WAS CLOSED. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Approved CEQA Negative Declaration Approved Waiver of Code Requirement pertaining to minimum number of parking spaces. Granted Conditional Use Permit No. 2004-04925 (permit a church within an existing office building), and adoption of the resolution attached to the staff report dated November 15, 2004, including the findings and conditions contained therein. VOTE: 7-0 ~ Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, December 7, 2004. ~ DISCUSSION TIME: 6 minutes (4:52-4:58) 11-15-04 Page 20 NOVEMBER 15, 2004 PLANNING COMMISSION MINUTES • 10a. CEQA Neqative Declaration 10b. Variance No. 2004-04631 Owner: Anaheim Magnolia LLC, 6732 Westminster Boulevard, Westminster, CA 92683 Agent: Ehky Gutierrez, 523 North Hanover Street, Anaheim, CA 92801 Location: 1125 North Maqnolia Avenue. Property is approximately 1.5 acres, having a frontage of 272 feet on the west side of Magnolia Avenue, located 279 feet north of the centerline of La Palma Avenue. Request waiver of minimum number of parking spaces to permit a computer vocational school. Variance Resolution No. Continued to December 13, 2004 sr8814gk.doc FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ~ ACTION: Commissioner O'Connell offiered a motion, seconded by Commissioner Flores and MOTION CARRIED, to continue the subject request to the December 13, 2004, Planning Commission meeting as requested by the petitioner. VOTE: 7-0 DISCUSSION TIME: This item was not discussed ~ 11-15-04 Page 21 NOVEMBER 15, 2004 PLANNING COMMISSION MINUTES • ~ ~ Following the public hearing items, Greg McCafferty, Principal Planner, noted two items that required attention: (1) A time set aside to celebrate with Commissioner Vanderbilt as he resign as Commissioner and take on a newly elected position in the Anaheim School District; and (2) a time set aside for the annual Christmas luncheon in honor of the Planning Staff. Also, Commissioner Romero recommended that in the future, when there is a large agenda, beginning the preliminary plan review earlier, but keeping the public hearing at the normal time of 2:00 p.m. MEETING ADJOURNED AT 5:06 P.M. TO MONDAY, DECEMBER 13, 2004 AT 10:00 A.M. FOR PRELIMINARY PLAN REVIEW. Respectfully submitted: .~~'~~~~ /~G~~2Go Elly Morris Senior Secretary Received and approved by the Planning Commission on ~~. ~ d w.~vcr ~,~~2004. 11-15-04 Page 22