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Minutes-PC 2004/12/13~ /04 ~~ U ~ ~NEI]VI ~~ Mondav, December 13, 2004 • • ~o~ ~~ ~ DED c,~~ r,~, ~ ~ ~ ~ ~~ 1$~ 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, DAVID ROMERO, PAT VELASQUEZ, ONE VACANCY Commissioners Absent: O'CONNELL Staff Present: Mark Gordon, Deputy City Attorney Greg Hastings, Planning Services Manager Greg McCafferty, Principal Planner Annika Santalahti, Zoning Administrator Mark Asturias, Redevelopment M~nager John Ramirez, 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 2:00 p.m. on Friday, December 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, November 18, 2004 • Call To Order Preliminary Plan Review 10:00 A.M. • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND iSSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE DECEMBER 13, 2004 AGENDA • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:00 P.M. For record keepinq purposes ifY,ou wish to make a stafement repardinp any item on the aqenda please complete a speaker card in advance and submit it to the secrefarv. • Pledge Of Allegiance: Commissioner Velasquez • Public Comments • Consent Calendar • Public Hearing Items • Adjournment You may leave a message for the Planning Commission using the following e-mail address: planningcommission anaheim.net H:\DOCS\CLERICAL\RESOLUTIONWC121304.DOC DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • u 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 Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on~ by one roll call vote. There wili 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 Buffa offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), for approval of Consent Calendar Items 1-A through 1-H as recommended by staff. UNANIMOUSLY APPROVED Reaorts and Recommendations A. (a) CEQA Neaative Declaration (Previouslv-Approvedl (b) Administrative Adiustment 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 Location: 111 Mohfer 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. Continued from the November 15, 2004, Planning Commission Meeting. ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim City Planning Commission does hereby determine that the previously-approved Negative Declaration is adequate to serve as the required environmental documentation for subject request. Commissioner Buffa offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim City Planning Commission does • hereby accept the petitioner's request to withdraw Administrative Adjustment No. 2004-00271 because the project has been redesigned to eliminate the need for the structural height adjustment. Approved W ithdrawn Approved final site, floor, elevation, landscape and fencing plans. (Vote: 5-0, Commissioner O'Connell absent and with one Commission vacancy) 12-13-04 Page 2 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • Commissioner Buffa offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim City Planning Commission does hereby approve the final site, floor, elevation, landscape and fencing plans for a previously-approved 3-unit detached single-family residential subdivision for VAR2004-04601 (Tracking No. VAR2004-04632) based on Commission's concurrence with staff that the final plans are architecturally enhanced to provide a quality single-family subdivision that is compatible with the existing neighborhood. • • sr882Tjn.doc 12-13-04 Page 3 DECEMBER 13, 2004 PLANNING COMMISSION MINU7ES • B. (a) CEQA Cateqorical Exemption - Class 1 (b) Conditional Use Permit No. 2003-04761 (Tracking No. CUP2004-04927) (c) Determination of Substantial Conformance Agent: Cathi S. Hofstetter, 2427 East Bethel Drive, Anaheim, CA 92806 Location: 1147 North Anaheim Boulevard. Requests an extension of time to comply with conditions of approval and a determination of substantial conformance for a previously- approved adult day care facility. ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 1(Existing Facilities), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. ~ Commissioner Buffa offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim City Planning Commission does • hereby approve the request for a one (1) year extension of time to expire on October 6, 2005, based on the following: (i) That this is the first request for a time extension and Code permits a maximum of two requests for extension of time to comply with conditions of approval. (ii) That the property has been maintained in a safe, clean and aesthetically pleasing manner with no outstanding code violations affecting this property. (iii) That there is no information or changed circumstances which contradict the facts necessary to support one or more of the required findings for approval of Conditional Use Permit No. 2003-04761. (iv) That the approval remains consistent with the General Plan and the zone district designation for the property. Commissioner Buffa offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim City Planning Commission does hereby approve the request for determination of substantial conformance to amend floor plans for a minor expansion of a previously-approved adult daycare facility based on the finding that the proposed expansion is substantially in conformance with the previously-approved exhibits and does not require any additional parking spaces. • Concurred with staff Approved extension of time for 1 year (to expire on October 6, 2005) Approved (Vote: 5-0, Commissioner O'Connell absent and with one Commission vacancy) sr8828kw.doc 12-13-04 Page 4 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • C. (a) Environmental Impact Report No. 313 (Previouslv-Certified) Approved (b) Final Site Plan Review No. 2004-00008 Approved Final Site Plan Agent: Frankie Flores, Tarsadia Hotels, 620 Newport Center Drive, Suite 1400, Newport Beach, CA 92660 (Vote: 5-0, Commissioner O'Connell Location: 2041 South Harbor Boulevard. absent and with one Commission vacancy) Requests approval of a final site plan to construct a 150-room hotel. ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim City Planning Commission does hereby determine that the previously-certified EIR No. 313 is adequate to serve as the required environmental documentation for this request. Commissioner Buffa offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim City Pianning Commission does hereby approve the Final Site Plan (identified as Exhibit Nos. 1 through 13 on file in the Planning Department) based upon a finding that the Final Site Pian No. 2004-00008 is in conformance with the Anaheim Resort Specific Plan No. 92-2. sr8820gk.doc ~ • 12-13-04 Page 5 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES C ~ • • D. (a) CEQA Neqative Declaration (Previous{V-Approved) Approved (b) Conditional Use Permit No. 4033 Approved final (Tracking No. CUP2004-04935) photometric lighting plan (c) Determination of Substantial Conformance Determined to be in substantial conformance Agent: Paul Mitchell, 8712 East Santa Ana Canyon Road, with previously-approved Anaheim, CA 92807 plans Location: 8712 East Santa Ana Canvon Road -(Kindred Community Church) (Vote: 5-0, Commissioner O'Connell Requests determination of substantial conformance for outdoor activity absent and with one and final plan review of lighting plan for parking areas. Commission vacancy) ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim City Planning Commission does hereby approve the final photometric lighting plan subject to the following stipulations on plans submitted for building permits: • That light poles shali be limited to 8-feet in height along the edges (2 light poles at southwest portion of parking lot) of the site • That wall sconces shall be placed on the modular buildings along Santa Ana Canyon Road • That the 8-foot high light poles in the southeast corner of the site shall be substituted with 4 bollard lights as recommended by staff Commissioner Buffa offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim City Planning Commission does hereby determine that the proposed areas for outdoor activity are in substantial conformance with previously-approved plans. sr8824kw.doc 12-13-04 Page 6 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • E. (a) CEQA Exemption - Public Resources Code Section 21080.17; Approved CEQA Guidelines Section 15282 (i) and 15305 (b) Zoninq Code Amendment No. 2003-00021 - Review of Revised Approved Deficiencies Area Map (Revision No. 2) (Tracking No. ZCA2004-00037) (Vote: 5-0, Location: Citywide Commissioner 0'Connell absent and with one Requests review and approval of the revised Deficiencies Area Map Commission vacancy) pertaining to second units. ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim City Planning Commission does , hereby determine that the project is statutorily exempt under Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282 (i), which as an action to implement the provisions of Government Code Sections 65852.1 and 65852.2, and further exempt from CEQA pursuant to CEQA Guidelines Section 15305, as a minor alteration to land use limitations which does not change land use or density in areas with an average siope of less than 20 percent. Commissioner Buffa offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim City Planning Commission does • hereby approve the revised Deficiencies Area Map pertaining to second units. sr5131jr.doc • 12-13-04 Page 7 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • Minutes 1F. Receiving and approving the Minutes from the Planning Commission Approved Meeting of November 15, 2004 (Motion) (Vote: 5-0, Commissioner ACTION: Commissioner Buffa offered a motion, seconded by Commissioner O'Connell absent and with Velasquez and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy) one Commission vacancy), that the Anaheim City Planning Commission does hereby receive and approve the minutes for the Planning Commission meeting of November 15, 2004. 1G. Receiving and approving supplemental detailed Minutes for Item Approved No. 5 from the Planning Commission Meeting of November 1, 2004, scheduled to be heard as a public hearing item before City Council (date not yet determined). (Vote: 5-0, Commissioner O'Connell absent and with ITEM NO. 5 one Commission vacancy) • Conditional Use Permit No. 2004-04883 • ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim City Planning Commission does hereby receive and approve the supplemental detailed Minutes for Item No. 5 from the Planning Commission Meeting of November 1, 2004. 1H. Receiving and approving supplemental detailed Minutes for Item Approved No. 6 from the Planning Commission Meeting of November 15, 2004, scheduled to be heard as a public hearing item before City Council (date not yet determined). (Vote: 5-0, Commissioner O'Connell absent and with ITEM NO. 6 one Commission vacancy) • Environmental Impact Report No. 327 Conditional Use Permit No. 2001-04431 Specimen Tree Removal Permit No. 2002-00001 Amendment to Santa Ana Canyon Road Access Point Study (MIS2004-00088) ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim City Planning Commission does hereby receive and approve the supplemental detailed Minutes for Item No. 6 from the Planning Commission Meeting of November 15, 2004. • 12-13-04 Page 8 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • Public Hearina Items: 2a. CEQA Neaative Declaration Withdrawn 2b. Reclassification No. 2004-00124 Owner: Raymond Siegele, P.O. Box 3284, Anaheim, CA 92803 Voit Anaheim Business, 21530 Oxnard Street, Unit B, Woodland Hills, CA 91367-4942 Charles Atwood, 23772 Avenue 208, Lindsay, CA 93247 CP/HERS Anaheim LP, 600 Citadel Drive, Suite 100, Los Angeles, CA 90040 Kenneth Thompson, P.O. Box 5406, Orange, CA 92863 Tomas Rodriguez, P.O. Box 8521, Anaheim, CA 92812 Location: Portion A: 516 East Santa Ana Street and 501 - 547 South Atchison Street: Portion B: 500 - 558 South Atchison Street: Portion C: 610 South Olive Street and 711 East South Street: and Portion D: 525 East South Street Portion A: This 10.7-acre area is located at the southeast corner of Santa Ana Street and Olive Street with frontages of ~ 970 feet on the south side of Santa Ana Street and 480 feet on the east side of Olive Street (516 East Santa Ana Street and 501 - 547 South Atchison Street - Kwikset site). Portion B: This 10.3-acre area has frontages of 150 feet on the south side of Santa Ana Street and 340 feet on the east side of Olive Street and a maximum depth of 1,120 feet (500 - 558 South Atchison Street). Portion C: This 10.3-acre area has frontages of 150 feet on the north side of South Street and 340 feet on the east side of Olive Street and a maximum depth of 1,120 feet (610 South Ofive Street and 711 East South Street). Portion D: This 9.8-acre area is located at the northeast corner of South Street and Olive Street with frontages of 440 feet on the east side of Olive Street and 970 feet on the north side of South Street (525 East South Street). City-initiated (Community Development Department) request for approval of a reclassification of these properties as follows: Portion A-from ML (Limited Industrial) to RM-3 (Residential, Multiple- Family-2400) zone or less intense zone. Portion B- from ML (Limited Industrial) to RM-4 (Residential, Multiple- Family-1200) zone or less intense zone. Portion C- from ML (Limited Industrial) to RM-4 (Residential, Multiple- • Family-1200) zone or less intense zone. Portion D- from ML (Limited Industrial) to RM-3 (Residential, Multiple- Family-2400) zone or less intense zone. 12-13-04 Page 9 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • Continued from the June 14, August 9, September 8 and November 15, 2004, Planning Commission Meetings. Reclassification Resolution No. OPPOSITION: None sr2170ds.doc ACTION: Commissioner Romero offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim City Planning Commission does hereby withdraw Reclassification No. 2004-00124 as recommended by staff in order to allow additional time for Community Development Department staff to meet with the industrial property owners adjacent to the Kwikset site and study potential residential opportunities for the site and the surrounding area. VOTE: 5-0 (Commissioner O'Connell absent and with one Commission vacancy) ~ DISCUSSION TIME: This item was not discussed. ~ 12-13-04 Page 10 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES r 3a. CEQA Neqative Declaration 3b. Conditional Use Permit No. 2004-04910 Continued to January 10, 2005 Owner: Anaheim Union School District, P.O. Box 3520, Anaheim, CA 92803 Agent: Kenny Zwick, Delta Group, 2362 McGaw Avenue, Irvine, CA 92614-5832 Location: 1800 West Bali Road. Property is approximately 17.2 acres, located at the southeast corner of Ball 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 and November 15, 2004, Planning Commission Meetings. Conditional Use Permit Resolution No. • ~ sr8798dh(b).doc j FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. ~ OPPOSITION: None ACTtON: Commissioner Romero offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), to continue the subject request to the January 10, 2005, Planning Commission meeting as requested by the petitioner in order to further refine proposed design and location alternatives. VOTE: 5-0 (Commissioner O'Connell absent and with one Commission vacancy) DISCUSSION TIME: This item was not discussed. 12-13-04 Page 11 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES . 4a. CEQA Neqative Declaration Continued to 4b. Waiver Of Code Requirement January 10, 2005 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, August 9, September 20, November 1 and November 15, 2004, Planning Commission Meetings. Conditional Use Permit Resolution No. sr5133jr.doc ~ Minutes were roduced b staff's handwriften notes, due to technical difficu/ties with the tape recordin s stem. Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 4. Applicant's Testimony: Paula Elias, Executive Assistant and Treasurer to Victory Outreach, requested that Commission take into consideration their organization is there to help people start a new life, offering them the appropriate assistance needed for each circumstance and also offering the word of God. Public 7estimony: Donald Calderwood, 9951 Yardley, Anaheim, CA, stated that the churches on both ends were wonderful, but he was concerned that nobody was saying anything about the hairdresser, the narcotic anonymous business, and other businesses in the center. He feels there is inadequate entrance and no way out so that if someone were to someday take sick there wouldn't be anyway to get to them. Also, he has witnessed people working on their vehicles for long periods of time, further blocking the passageway. ApplicanYs Rebuttal: Ms. Elias responded they were continuously asking neighbors to move their cars. THE PUBLIC HEARING WAS CLOSED. ~ Chairman Eastman stated that the Fire Department was aware of the incidences and had submitted reports. 12-13-04 Page 12 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • Mark Gordon, Deputy City Attorney, stated that the applicant requested a 90 day continuance. Mr. McCafferty asked the planner to enter a statement of his communications with the applicants. John Ramirez, Planner, stated that they met with the applicants and had come to an agreement on half of the conditions. In a letter dated December 6, 2004, received by the Planning Commission, the applicants conceded to address safety issues pertaining to the exterior of the buildings, but not any of the issues with the individual tenant spaces. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: A person spoke in opposition to the subject request. ACTION: Commissioner Flores offered a motion, seconded by Commissioner Buffa and MOTION CARRIED (Commissioner O'Connell absent and with one Commission Vacancy), to continue the subject request to the January 10, 2005, Planning Commission meeting as requested by the agent for the property owner in order for the applicant and representative to be present for the meeting. Commissioner Flores offered a motion, seconded by Commissioner Buffa and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), to approve and concur with the applicanYs request for a 90-day extension of the Permit Streamlining Act requirements. ~ VOTE: 5-0 (Commissioner O'Connell absent and with one Commission vacancy) DISCUSSION TIME: 27 minutes (2:18-2:45) • 12-13-04 Page 13 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • 5a. CEQA Neqative Declaration ~ Approved 5b. Waiver Of Code Requirement Approved 5c. Conditional Use Permit No. 2004-04916 Granted Owner: James Elmore, Trinity Lutheran Church, 4101 East Nohl 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 condition 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 and November 15, 2004, Planning Commission Meeting. Conditional Use Permit Resolution No. PC2004-144 sr8826av.doc Minutes were roduced b staff's handwritten notes, due to technical difficulties with the ta e recordin s stem. Chairman Eastman opened the public hearing. ~ Greg McCafferty, Principai Planner, introduced Item No. 5. Applicant's Testimony: James Elmore, 4101 E. Nohl Ranch Road, stated they sent out letters to the community stating they were not trying to become an extra large school, but oniy wished to do what they do best. Also, they would like to get together and have meetings, dinners, etc, and not have to use the classrooms. THE PUBLIC HEARING WAS CLOSED. Commissioner Flores stated that it would not only be an improvement to the school but to the community as well. • • ~ ~ - • ~ • • ~ • OPPOSITION: None ACTION: Approved CEQA Negative Declaration Approved Waiv~r of Code Requirement Granted Conditional Use Permit No. 2004-04916 to permit an addition to an existing church and private school and to amend a condition of approval; and adoption of the resolution attached to the staff report dated December 13, 2004, including the findings ~ and conditions contained therein. 12-13-04 Page 14 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • VOTE: 5-0 (Commissioner O'Connell absent and with one Commission vacancy) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, January 4, 2005. DISCUSSION TIME: 5 minutes (2:46-2:51) ~ u 12-13-04 Page 15 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • 6a. CEQA Nepative Declaration Continued to 6b. Variance No. 2004-04631 January 10, 2005 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. Continued from the November 15, 2004, Planning Commission Meeting. sr8829gk.doc Variance Resolution No. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. ~ OPPOSITION: None • ACTION: Commissioner Romero offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), to continue the subject request to the January 10, 2005, Planning Commission meeting as requested by the petitioner in order to complete the revised parking study. VOTE: 5-0 (Commissioner O'Connell absent and with one Commission vacancy) DISCUSSION TIME: This item was not discussed. u 12-13-04 Page 16 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • 7a. CEQA Neqative Deciaration 7b. Conditional Use Permit No. 2004-04926 Owner: Association of Islamic Charitable Project, 1136 North Brookhurst Street, Anaheim, CA 92801 Agent: Bruce Ward, Ward Architects and Engineers, 1015 East Chapman Avenue, #205, Fullerton, CA 92831 Location: 1136 North Brookhurst Street. Property is approximately 0.56-acre, having a frontage of 80 feet on the east side of Brookhurst Street, located 230 feet south of the centerline of Falmouth Avenue (Islamic Center of Anaheim). Request to establish a private school (k-6 grade) in conjunction with an existing religious assembly (Islamic Center of Anaheim). Conditional Use Permit Resolution No. PC2004-145 Approved Granted sr8818dh.doc Minutes were roduced b staff's handwritten notes, due to technica/ difficulties with the tape recordin s sfem. Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 7. • ApplicanYs Testimony: Bruce Ward, Ward Architects and Engineers, 1015 East Chapman Avenue, #205, Fullerton, CA, requested to establish a private school in conjunction with an existing religious assembly, and stated primarily it would be internal remodeling. THE PUBLIC HEARING WAS CLOSED. Commissioner Flores stated concern that the playground and the parking area were one in the same and asked where one would park if there was a need to pick up a child early. Mr. Ward responded that there was limited parking in the front but there was parking down the sides, and they also had a gate so that if cars needed to enter when the children were outdoors, they would monitor the gate and ensure that children are out of the way. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Approved CEQA Negative Declaration Granted Conditional Use Permit No. 2004-04926 to establish a private school (K-6 grade) in conjunction with an existing religious assembly (Islamic Center of Anaheim); and adoption of the resolution attached to the staff report dated December 13, 2004, • including the findings and conditions contained therein, with the following modifications: Modified Condition Nos. 1 and 19 to read as follows: 12-13-04 Page 17 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • 1. That school shall be limited to Monday through Thursday from 8:00 a.m. until 3:00 p.m., and until 1:00 p.m. on Friday. The office hours for administration shali be limited to Monday through Thursday, 7:30 a.m. to 4:00 p.m., and Friday from 7:30 a.m. to 1:00 p.m., as stipulated by the petitioner in the letter of operation. That enroliment shall be limited to 120 students. 19. That prior to commencement of the activity authorized by this resolution or issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 4, 7, 8, 9, 10 and 11, above- mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 (Extensions ofi time to comply with conditions of approval) of the Anaheim Municipal Code. VOTE: 4-1 (Commissioner Flores voted no, Commissioner O'Connell absent and with one Commission vacancy) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, January 4, 2005. DISCUSSION TIME: 11 minutes (2:52-3:03) ~ ~ 12-13-04 Page 18 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • 8a. CEQA Cateqoricai Exemption - Class 1 8b. Conditional Use Permit No. 2004-04929 Owner: Voit La Palma Partners II LLC, 2940 East La Palma Avenue, Anaheim, CA 92806 Agent: Christopher Cerson, WTS Automotive Lifestyles, 2910 East La Palma Avenue, Suite C, Anaheim, CA 92806 Location: 2910-East La Palma Avenue, Suite C. Property is approximately 3.9 acres, having a frontage of 675 feet on the south side of La Palma Avenue, located 430 feet east of the centerline of White Star Avenue (La Palma Corporate Park). Request to permit and retain the retail sales and installation of automobile window tinting, tires, wheels and accessories. Conditional Use Permit Resolution No. PC2004-146 Concurred with staff Granted sr5130jr.doc Minutes were roduced b staff's handwriften notes, due to technical difficulties with the ta e recordin s stem. Chairman Eastman opened the public hearing. ~ Greg McCafferty, Principal Planner, introduced Item No. 8, stating staff observed excessive window signage. ApplicanYs Testimony: Christopher Cerdon, 2910 E. La Palma, Anaheim, CA, requested to keep the signage until after the holidays. Mr. McCafferty stated staff would give the applicant 40 days to remove the signage. THE PUBLIC HEARING WAS CLOSED. • • ~ ~- • ~ • • • • OPPOSITION: None ACTION: Commissioner Flores offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Granted Conditional Use Permit No. 2004-04929 to permit and retain the retail sales and installation of automobile window tinting, tire, wheels and accessories; and adoption of the resolution attached to the staff report dated December 13, 2004, including the ~ findings and conditions contained therein. 12-13-04 Page 19 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES ~ VOTE: 5-0 (Commissioner O'Connell absent and with one Commission vacancy) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, January 4, 2005. DISCUSSION TIME: 3 minutes (3:04-3:07) • r 12-13-04 Page 20 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • 9a. CEQA Cateqorical Exemption - Class 1 Concurred with staff 9b. Conditional Use Permit No. 2004-04930 Granted Owner: Mohamed N. Eletreby, 2145 West La Palma Avenue, Anaheim, CA 92801 Agent: Chin Lee, Q Development, 3550 Wilshire Boulevard, #480, Los Angeles, CA 90010 Location: 2145 West La Palma Avenue. Property is approximately 0.5-acre, having a frontage of 115 feet on the north side of La Palma Avenue, located 457 feet east of the centeriine of Brookhurst Street (Anaheim ADHC Center). Request to permit an adult day health care center. Conditional Use Permit Resolution No. PC2004-147 sr8823av.doc Minutes were nroduced bv staff's handwritten notes. due to technical difficulties with the tape recordinq system. Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 9. ApplicanYs Testimony: ~ Chin Lee stated he read thoroughly and agrees with everything in the staff report. THE PUBLIC HEARING WAS CLOSED. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Flores offered a motion, seconded by Commissioner Buffa and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falis within the definition of Categorical Exemptions, Class 1(Existing Facilities), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Granted Conditional Use Permit No. 2004-04930 to permit an adult day health care center; and adoption of the resolution attached to the staff report dated December 13, 2004, including the findings and conditions contained therein, with the following modification: Deleted Condition No, 5 VOTE: 5-0 (Commissioner O'Connell absent and with one Commission vacancy) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, January 4, 2005. ~ DISCUSSION TIME: 6 minutes (3:08-3:14) 12-13-04 Page 21 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • 10a. Environmental Impact Report No. 189 - Addendum To Koll Anaheim Center (Previouslv-Certified) 10b. Tentative Tract Map No. 16606 10c. Tentative Tract Map No. 16810 10d. Final Plan Review No. 2004-00009 10e. Review and Recommendation of Basic Concept Plans Owner: Anaheim Redevelopment Agency, Attn: Elisa Stipkovich, P.O. Box 3222, Anaheim, CA 92803 Agent: Mike McGuirk, CIM Group, 6922 Hollywood Boulevard, Ninth Floor, Los Angeles, CA 90028 Location: Tentative Tract Map No. 16606 - Property is approximately 2.9 acres, located at the southeast corner of Harbor Boulevard and Lincoln Avenue (Parcel D within Downtown Anaheim). Tentative Tract Map No. 16810 - Property is approximately 2.5 acres, located at the southwest corner of Anaheim Boulevard and Center Street Promenade (Parcels A1-A3 within Downtown Anaheim). Tentative Tract Map No. 16606 - Request to estabiish a 11-lot, 135-unit commercial/residential mixed use subdivision on Parcel D. ~ Tentative Tract Map No. 16810 - Request to establish a 5-lot commercial/residential mixed use subdivision on Parceis A1, A2, and A3. Approved Approved Approved Approved Recommended Anaheim Redevelopment Agency Approval Final Plan Review No. 2004-00009 - Request review of final site, floor, elevation, roof-mounted equipment, and landscape plans for Parcel D and landscape and amenity plans for Parcels A1 - A3. Request review to the Anaheim Redevelopment Agency of basic landscape and amenity concept drawings for Parcels A1 - A3. • sr2169ds.doc Minutes were roduced b staff's handwritten notes, due to technical difficulties with the ta e recordin s stem. Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 10. ApplicanYs Testimony: Mike McGuirk, CIM Group, 6922 Hollywood Boulevard, Ninth Floor, Los Angeles, CA, stated that he read the staff report and agrees with the conditions of approval. Chairman Eastman inquired about the number and type of trees for Parcel A. Mr. McGuirk described the characteristics of the area and the type of trees. THE PUBLIC HEARING WAS CLOSED. 12-13-04 Page 22 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • • • ~ ~- • - • • • ~ • OPPOSITION: None ACTION: Commissioner Flores offered a motion, seconded by Commissioner Buffa and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim City Planning Commission does hereby determine that the addendum to previously-certified EIR No. 189 is adequate to serve as the appropriate environmental documentation for this request. Approved Tentative Tract Map No. 16606 (to establish a 11-lot, 135-unit commercial/residential mixed use airspace subdivision on Parcel D) including the conditions attached to the staff report dated December 13, 2004. Approved Tentative Tract Map No. 16810 (to establish a 5-lot commercial/residential mixed use subdivision on Parcels A1, A2, and A3) including the conditions attached to the staff report dated December 13, 2004. Approved Final Plan No. 2004-00009 (as shown on Final Plan Nos. 1 through 19 on file in the Planning Department) based upon a finding that the Final Plans are in conformance with the DMU Overlay Design Guidelines as noted in paragraph no. (21) of the staff report dated December 13, 2004. Recommended Anaheim Redevelopment Agency approval of basic landscape and amenity concept plans on Parcels A1 - A3 within Downtown Anaheim. • VOTE: 5-0 (Commissioner O'Connell absent and with one Commission vacancy) Mark Gordon, Deputy City Attorney, presented the 10-day appeal rights ending at 5:00 p.m. on Thursday, December 23, 2004 for the Tentative Tract Maps; and presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, January 4, 2005 for the balance of the items. DISCUSSION TIME: 10 minutes (3:15-3:25) r 12-13-04 Page 23 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • 11a. CEQA Neqative Declaration Continued to 11b. Reclassification No. 2004-00136 January 10, 2005 11c. Conditional Use Permit No. 2004-04933 11d. Tentative Tract Map No. 16809 Owner: Lane A. Anderson, 6345 Balboa Boulevard, #112, Encino, CA 91316 Agent: John O'Brien, Brookfield Homes, 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626 Location: 221 North Beach Boulevard. Parcel A: Property is approximately 0.56-acre, having a frontage of 150 feet on the west side of Beach Boulevard, located 665 feet north of the centerline of Lincoln Avenue. 311 North Beach Boulevard. Parcel B: Property is approximately 7.95 acres, having a frontage of 505 feet on the west side of Beach Boulevard, located 815 feet north of the centerline of Lincoln Avenue. Reclassification No. 2004-00136 - Request reclassification of the property from the C-G (General, Commercial) zone to the RM-3 (Residential, Multiple-Family) or less intense zone. Conditional Use Permit No. 2004-04933 - Request to permit a 102-unit, • attached residentia{ pfanned unit development. Tentative Tract Map No. 16809 - Request to establish a 6-lot, 102-unit, airspace condominium subdivision. Reclassification Resolution No. sr5117jb.doc Conditional Use Permit Resolution No. Minutes were roduced b staff's handwritten notes, due to technical difficulties with the ta e recordin s stem. At the beginning of the meeting Chairman Eastman asked if there was anyone who wished to speak on agenda items that were announced as continued items to future dates. Public Testimony: Paul Rubin, 311 N. Beach Boulevard, Anaheim, CA, elected to speak in spite of the meeting being continued to January 10, 2005 because he was not certain if he would be able to attend at that time. He informed that he was disabled and felt that rezoning the property would be a hardship for him and some of the other residents. He wondered if the developers had decided on some form of compensation for people who have lived in the existing building for a while; for example, people who have lived there for one year receive one month's free rent, etc. Also, he stated that he was unfamiliar with the term PUD. Greg McCafferty, Principal Planner, explained PUD stands for Planned Unit Development; and that the project is a market rate project and there woufd not be any assistance to anyone. • THE PUBLIC HEARING WAS CLOSED. 12-13-04 Page 24 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • • ~ . .- • • . OPPOSITION: A person spoke in opposition to the subject request. ACTION: Commissioner Flores offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), to continue the subject request to the January 10, 2005, Planning Commission meeting as requested by staff in order for the item to be readvertised to include a waiver of dedication of right-of-way requirements. VOTE: 5-0 (Commissioner O'Connell absent and with one Commission vacancy) DISCUSSION TIME: 5 minutes (2:12-2:17) (ltem No. 4 was heard following this item.) • • 12-13-04 Page 25 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • • ~ 12a. CEQA Neaative Declaration Approved 12b. Reclassification No. 2004-00138 Granted 12c. Reclassification No. 2004-00139 Granted 12d. Variance No. 2004-04634 Granted, in part 12e. Tentative Tract Map No. 16817 Approved 12f. Tentative Tract Map No. 16818 Approved Owner: Anaheim Redevelopment Agency, Attn: Elisa Stipkovich, 201 South Anaheim Boulevard, Anaheim, CA 92805 Agent: Cheryl Stump, Brookfield Anaheim LLC, 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626 Location: Tentative Tract Map No. 16817 - Property is approximately 0.69-acre, having a frontage of 377 feet on the north side of Picadilly Way, located 320 feet north of the centerline of Britain Way (No address). Tentative Tract Map No. 16818 - Area 1: Property is approximately 0.49-acre, having a frontage of 105 feet on Ventura Street, located at the Ventura Street terminus abutting the I-5 Freeway; Area 2: Property is approximately 1.6 acres, located at the Ventura Street and Minot Street terminus abutting the I-5 Freeway (No address). Reclassification No. 2004-00138 - Request reclassification of the subject properties from the RS-2 (Residential, Single-Family) zone to the RS-3 (Residential, Single-Family) or a less intense zone. Reclassification No. 2004-00139 - Request reclassification of the subject properties from the RS-2 (Residential, Single-Family) zone to the RS-3 (Residential, Single-Family) or a less intense zone. Variance No. 2004-04634 - Request waivers of: (a) lots adjacent to freeways, (b) minimum front yard setback, (c) minimum rear yard setback, and (d) required improvement of private streets to construct 17 detached single-family homes." Tentative Tract Map No. 16817 - Request to establish a 5-lot, 5-unit single-family residential subdivision. Tentative Tract Map No. 16818 - Request to establish a 12-lot, 12-unit detached single-family residential subdivision. " Waiver (a) has been deleted. Reclassification Resolution No. PC2004-148 Reclassification Resolution No. PC2004-149 Variance Resolution No. PC2004-150 sr2168ds.doc Minutes were roduced b sfaff's handwritten nofes, due to technical difficulties with the ta e recordin s stem. Chairman Eastman opened the public hearing. 12-13-04 Page 26 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • Greg McCafferty, Principal Planner, introduced Item No. 12. Applicant's Testimony: Mark Asturias, Redevelopment Manager, felt that the changes to the conditions would not be an issue. Commissioner Buffa stated that she appreciates the changes made to the project. Chairman Eastman stated she appreciates that the developer and everyone involved with the project paid attention to Commission's comments and together, they created a good project. • • ~ ~ - • ~ • • • • OPPOSITION: None ACTION: Approved CEQA Negative Declaration Granted Reclassification No. 2004-00138 (to reclassify the property from the RS-2 (Residential Single-Family) to the RS-3 (Residential Single-Family) zone); and adoption of the resolution attached to the staff report dated December 13, 2004, including the findings and conditions contained therein. Granted Reclassification No. 2004-00139 (to reclassify the property from the RS-2 (Residential Single-Family) to the RS-3 (Residential Single-Family) zone); and adoption • of the resolution attached to the staff report dated December 13, 2004, including the findings and conditions contained therein. Granted, in part, Variance No. 2004-04634 (to construct 17 detached single-family homes) denying waiver (a) pertaining to minimum lot depth adjacent to a freeway since it has been deleted; and approving waivers pertaining to (b) minimum front yard setback, (c) minimum rear yard setback, and (d) required improvement of private streets; and adoption of the resolution attached to the staff report dated December 13, 2004, including the findings and conditions contained therein, with the following modifications: Modified Condition No. 15 to read as follows: 15. 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. 1, 2, 3, 4, 5, 6, 7, 8, 9, 11 and 12, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. Approved Tentative Tract Map No. 16817 (to establish a 5-lot, 5-unit single-family residential subdivision) including the conditions attached to the staff report dated December 13, 2004, with the following modifications: Modified Condition No. 4 to read as follows: • 4. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: 12-13-04 Page 27 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES • • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. Deleted Condition No. 8. Added the following condition of approval to read as follows: That Tentative Tract Map No. 16817 is hereby granted subject to approval and finalization of Reclassification No. 2004-00139 and Variance No. 2004-04634 now pending. Approved Tentative Tract Map No. 16818 (to estabiish a 12-lot, 12-unit single- • family residential subdivision) including the conditions attached to the staff report dated December 13, 2004, with the following modifications: Modified Condition No. 10 to read as follows: 10. That prior to final tract map approval, Condition Nos. 2, 5, 6, 7, 8 and 9, above- mentioned, shall be complied with. Added the following condition of approval to read as follows: That Tentative Tract Map No. 16818 is hereby granted subject to approval and finalization of Reclassification No. 2004-00138 and Variance No. 2004-04634 now pending. VOTE: 5-0 (Commissioner O'Connell absent and with one Commission vacancy) Mark Gordon, Deputy City Attorney, presented the 10-day appeal rights ending at 5:00 p.m. on Thursday, December 23, 2004 for the Tentative Tract Maps; and presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, January 4, 2005 for the Reclassifications and Variance. DISCUSSION TIME: 8 minutes (3:26-3:28) and (3:34-3:40) ~ A 5-Minute break was taken (3:28-3:33) 12-13-04 Page 28 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES 13a. CEQA Neqative Declaration Continued to • 13b. General Plan Amendment No. 2004-00421 January 10, 2005 13c. Reclassification No. 2004-00137 13d. Variance No. 2004-04633 13e. Tentative Tract Map No. 16794 Owner: California Shinnyo-En, 2220 Summit Drive, Burlingame, CA 94010 Agent: Yadvinder S. Virk, Castle Development, LLC, 9017 Harvard Avenue, Buena Park, CA 90620 Location: 502 South Harbor Boulevard. Property is approximately 1.2 acres, located at the southeast corner of Harbor Boulevard and Santa Ana Street. General Plan Amendment No. 2004-00421 - Request to amend the Land llse Element Map of the Anaheim General Plan redesignating the property from the Low-Medium Density Residential designation to the Low Density Residential designation. Reclassification No. 2004-00137 - Request reclassification of the property from the: O-L (Low Intensity Office) and RS-2 (Residential, Single-Family) zones to the RS-3 (Residential, Single-Family) zone or less intense zone. Variance No. 2004-04633 - Request waivers of: (a) lot depth adjacent to an arteria( highway, (b} required front yard setback, (c) required rear yard • setback, and (d) minimum number of parking spaces to construct seven (7) single-family residences. Tentative Tract Map No. 16794 - Request to establish a 7-lot, 7-unit detached single-family subdivision. Reclassification Resolut+on No. sr8831av.doc Variance Resolution No. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ~ ACTION: Commissioner Romero offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), to continue the subject request to the January 10, 2005, Planning Commission meeting as requested by the petitioner in order to submit a Water Quality Management Plan and a sewer study to the Public Works Department. VOTE: 5-0 (Commissioner O'Connell absent and with one Commission vacancy) DISCUSSION TIME: This item was not discussed. 12-13-04 Page 29 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES 14a. Addendum to the Pointe Anaheim Initial Studv and Mitigated Previously Approved • Neqative Declaration/Modified Mitiqation Monitorinq Plan No. 004 14b. Conditional Use Permit No. 4078 Approved (Tracking No. CUP2004-04941) 14c. Amendment No. 1 To The First Amended And Restated Recommended City Development Aqreement No. 99-01 Councii Approval Owner: Susan Wilson, Anaheim GardenWalk, LLC, 17140 Bernardo Center Drive, #300, San Diego, CA 92128 Pyrovest Corp., 1101 E. Garvey Avenue #208, Monterey Park, CA 91755-3055 Zabys Rip Van Winkle, Inc., 444 West Katella Avenue Anaheim, CA 92802 Agent: William J. Stone, Price Legacy Corporation, 17140 Bernardo Center Drive, #300, San Diego, CA 92128 Location: Approximately 29.1 acres, located between Harbor Boulevard and Ciementine Street, and Disney Way and Katella Avenue, identified as the Anaheim GardenWalk Site (formerly known as the Pointe Anaheim Lifestyle, Retail and Entertainment project). Request amendment to the conditions of approval of Conditional Use Permit No. 4078 and Amendment No. 1 to the First Amended and Restated Development Agreement No. 99-01 regarding the • commencement date of the Initial Development Phase and assignment and assumption of the amended development agreement by Anaheim GW, LLC. Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration/Modified Mitigation Monitoring Plan No. 004 Conditional Use Permit Resolution No. PC2004-151 Amendment No. 1 to the First Amended and Restated Development Agreement No. 99-01 Resolution No. PC2004-152 sr8888as.doc Minutes were roduced b staff's handwritten notes, due to technical difficu/ties with the ta e recordin s stem. Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 14. Annika Santalahti, Zoning Administrator, stated Commission's actions would be by resolution, amending Condition No. 68-A (pertaining to the commencement date} of the conditional use permit, and recommending that City Council amend the Development Agreement as proposed. Additionally, she requested that Commission extend the commencement date of the Initial Phase of the Anaheim GardenWalk project (formerly the Pointe Anaheim project) for one year to February 26, 2005. u 12-13-04 Page 30 DECEMBER 13, 2004 PLANNtNG COMMISSION MINUTES • AppiicanYs Testimony: William J. Stone, Price Legacy Corporation, stated the sale of the property was scheduled to cfose March 1, 2005, which made it impossible for the purchaser to commence construction of the initial phase by February 26, 2005. THE PUBLIC HEARING WAS CLOSED. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Determined that the Addendum and Mitigated Negative Declaration is adequate to serve as the required environmental documentation for the proposed actions and satisfies all the requirements of CEQA; that there is no substantial evidence, with the imposition of the mitigation measures identified in Modified Mitigation Monitoring Program No. 004, that the proposed actions will have a significant effect on the environment; and that no further environmental documentation need be prepared for the proposed actions. Therefore, staff recommends that the previously approved Addendum and Mitigated Negative Declaration, including the Modified Mitigation Monitoring Plan No. 004, serve as the required environmental documentation for the proposed actions. Approved amendment to Conditional Use Permit No. 4078 (Tracking No. CUP2004- 04941) to amend the conditions of approval regarding the commencement date of the Initial Development Phase. • Approved Amendment No. 1 to Amended and Restated Development Agreement No. 99-01, for amendment regarding assignment and assumption of the Development Agreement by Anaheim GW, LLC, and the commencement date of the lnitial Development Phase. VOTE: 5-0 (Commissioner O'Conne{I absent and one Commission vacancy) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights. DISCUSSION 71ME: 12 minutes (3:41-3:53) ~ 12-13-04 Page 31 DECEMBER 13, 2004 PLANNING COMMISSION MINUTES ~ MEETING ADJOURNED AT 3:55 P.M. TO MONDAY, JANUARY 10, 2005 AT 12:30 P.M. FOR PRELIMINARY PLAN REVIEW. (Due to lack of quorum the December 27, 2004 meeting has been cancelled) Respectfully submitted: • Pat Chan ler Senior Secretary i Received and approved by the Planning Commission on , 2005. • 12-13-04 Page 32