Loading...
Minutes-PC 2005/01/10 (3)~ 1`~A~EIM C~9 ~ ~ ~f~ o ~ ~ ~ ~ ~ ~ . " ~ ~~Q~ . ° ~~ ~~~ , $~~ NDED CITY OF ANAHEIM Planning Commission Minutes Mondav, Januarv 10, 2005 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California --.._~ CHAIRMAN: GAIL EASTMAN Commissioners Present: KELLY BUFFA, CEClLIA FLORES, DAVID ROMERO, PAT VELASQUEZ, (ONE VACANCY) ' Commissioners Absent: :JERRY O'CONNELL Staff Present: Mark Gordon, Deputy City Attorney Della Herrick, Associate Planner Greg Hastings, Planning Services Manager John Ramirez, Associate Planner Greg McCafferty, Principal Planner Amy Vazquez, Associate Planner Alfred Yalda, Principal Transportation Planner Scott Koehm, Planner James Ling, Associate Civil Engineer Elaine Yambao, Planner Linda Eaves, Senior Code Enforcement Officer Elly Morris, Senior Secretary • Jonathan Borrego, Principal Planner Pat Chandler, Senior Secretary Cheryl Flores, Senior Planner Danielle Masciel, Word Processor Operator Agenda Posfing: A complete copy of the Planning Commission Agenda was posted at 10:00 a.m. on Tuesday, January 4, 2005, 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, December 16, 2004 • Call To Order Preliminary Plan Review 12:30 P.M. • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE JANUARY 10, 2005 AGENDA • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:00 P.M. For record keepinq purposes if vou wish to make a statement repardinp anv item on the aqenda ~lease complete a speaker card in advance and submit it to the secretarv. • Pledge Of Allegiance: Commissioner Romero • Public Comments • Consent Calendar • Public Hearing ttems • • Adjournment You may leave a message for the Planning Commission using the following ' e-mail address: planninacommissionCc~anaheim.net H:IDOCS\CLERI CAUMINUTES~AC011005.DOC JANUARY 10, 2005 P~ANNING GOMMISSION MINUTES ' • 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 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 Velasquez offered a motion, seconded by Commissioner Buffa and MOTION CARRIED (Commissioner O'ConneA absent and with one Commission vacancy) for approval of Consent Calendar items (1-A through 1-G) as recommended by staff. UNANIMOUSLY APPROVED. Reuorts and Recommendations A. (a) Conditional Use Permit No. 2181 Terminated (Tracking No: CUP2004-04937) (Vote: 5-0, Commissioner Agent: M. Amad, Brookhurst Group, LLC, 1026 South Wall O'Connell absent and Street, 2"d Floor, Los Angeles, CA 90015 with one Commission • vacancy) Location: 802-808 South Brookhurst Street. Requests termination of Conditional Use Permit No. 2181 (to permit a sandwich shop with on-sale beer and wine in the GG zone). Conditional Use Permit Resolution No. PC2005-1 sr8833jn.doc • 01-10-05 Page 2 JANUARY 10, 2005 PLANNING COMMISSION MINUTES • B. a Conditional Use Permit No. 3445 ~) (Tracking No. CUP2004-04948) Agent: Victor Cirrincione, KF Properties, INC, 11340 Olympic Boulevard, Suite 204, Los Angeles, CA 90064 Location: 1661 Worth Ravmond Avenue. _ (Calvary Chapel Grace, Inc.) Requests termination of Conditional Use Permit No. 3445 (to permit a snack shop in an existing office building). Conditional Use Permit Resolution No. PC2005-2 • • Terminated (Vote: 5-0, Commissioner O'Connell absent and with one Commission vacancy) sr8834jn.doc 01-10-05 Page 3 JANUARY 10, 2005 PLANNING COMMISSION MINUTES • C. (a) Variance No. 2862 Terminated (Tracking No. VAR2004-04636) ~ (Vate: 5-0, Commissianer Agent: Jerrold F. Rabin, Ismos Investment Company, 3845 East O'Connell absent and Coronado Street, Anaheim, CA 92807 ' with one Commission vacancy) Location: 3845 East Coronado Street. Requests termination of Variance No: 2862 (waiver of requirement that all uses be conducted in a building to establish outdoor manufacturing). Conditional Use Permit Resolution No. PC2005-3 sr8832jn.doc r~ ~ J • 01-10-05 Page 4 JANUARY 10, 2005 PLANNING COMMISSION MINUTES • D. a General Plan Conformit No. 2004-00039 - Re uest To Determine ~ O v a Conformance With The Anaheim General Plan To Renew an I Existina Lease ' , I Agent: County of Orange Resources and Development I Department, 300 North Flower Street, Santa Ana, CA 92834-2300 ~ Location: 3151 East Miraloma Avenue. '(Miller Retarding Basin) , Requests determination of conformance with the Anaheim General Plan to renew a lease between FedEx Freight West and County of Orange Resources and Development Management Department. , ACTION: Commissioner Velasquez offered a motion, seconded by Commissioner Romero and MOTION CARRIED,(Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim Planning Commission does hereby determine that The County of Orange Resources and Development Management Department's proposal to renew a lease with FedEx Freight West, Inc. for the purposes of parking, storage and light maintenance is not in conformance with the Anaheim General Plan. General Plan Conformity items have a statutory guideline limitation of • 40-days from the date the application is submitted, therefore it is given accelerated processing and provided to the City Council at an early time. (The 40-day time limitation as required by Section 65402(b) of the Government Code requires the City to act on this item by January 18, 2005 as the application was submitted on December 9, 2004 for the subject request.) r Determined not to be in conformance with the Anaheim General Plan (Vote: 5-0, Commissioner O'Connell absent and with one Commission vacancy) sr8840mn.doc 01-10-05 Page 5 JANUARY 10, 2005 PLANNING COMMISSION MIWUTES • E. a General Plan Conformit Na 2004-~0040 - Re uest To Determine ~~ V p Determined not to be in Conformance With The Anaheim'General Plan To Amend an conformance with the Existina lease Anaheim General Plan Agent: County of Orange, P.O. Box 10260, Santa Ana, CA 92711 (Vote: 5-0, Commissioner O'Connell absent and Location: 1535 East Oranaewood Avenue. with one Commission vacancy) Requests determination of conformance with #he Anaheim General Plan to amend an existing lease of a parking lot. ACTION: Commissioner Velasquez offered a motion, seconded by ' Commissioner Romero and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim Planning Commission does hereby determine that The County of Orange Probation Department's proposal to amend a lease relative to parking spaces for itsAdministrative Headquarters and North County Field Service Office is not in conformance with the Anaheim General Plan. General Plan Conformity items have a statutory guideline limifation of 40-days from the date the application is submitted, therefore it is given accelerated processing and provided to the City Council at an early time: • (The 40-day time limitation as required by Section 65402(b) of the Govemment Code requires the City to act on this item by January 17, 2005 as the application was submitted on December 8, 2004 for the sr8844mn.doc subject request.) • ' 01-10-05 Page 6 JANUARY 10, 2005 PLANNING COMMISSION MINUTES • 1F. ` Receiving and approving the Minutes from the Planning Commission Approved Meeting of December 13, 2004 (Mation) I ACTION: Commissioner Velasquez offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner O'ConneU absent and with one Commission vacancy) that the Anaheim Planning Commission does herebyreceive and approve the minutes for the Planning Commission meeting of December 13, 2004. • 1G. Receiving and approving supplemental detailed Minutes for Item No. 3 from the Planning Commission Meeting of November 15, 2004, scheduled to be heard as a public hearing item before City Council January 11; 2005. ITEM NO. 3 • Specific Plan Amendment No. 6 To The Anaheim Resort Specific Plan No. 92-2 ACTION: Commissioner Velasquez offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy) that the Anaheim Planning Commission does hereby receive and approve the supplemental detailed minutes for the Planning Commission meeting of November 15, 2004. • (Vote: 5-0, Commissioner O'Connell absen4 and with one Commission vacancy) Approved (Vote: 5-0, Commissioner O'Connell absent and with one Commission vacancy} 01-10-05 Page 7 JANUARY 10, 2005 PLANNING COMMISSION MINUTES • Public Hearinq Items• 2a. CEQA Neqative Declaration Approved 2b. Conditional Use Permit No. 2004-04910 Granted for 5 years (to expire on Owner: • Anaheim Union School District, P.O. Box 3520, Anaheim, January 10, 2010) GA 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 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, November 1 and December 13, 2004, Planning Commission Meetings. ' Conditional UsePermit Resolution No. PC2005-4 sr8837dh.doc Chairman Eastman opened the public hearing. ~ Della Herrick, Associate Planner, introduced Item No. 2, stated the item has been continued for the past three Planning Commission meetings in order for the applicant to work with staff for a redesign, and it is now going to be disguised as a light pole and in a different location. Applicant's Statement: Celly Adamo, Delta Groups Engineering, 2362 McGaw, Ir`vine, CA, stated she is representing Sprint and they have worked with staff in order to come up with the proposed design. THE PUBUC HEARING WAS CLOSED. Commissioner Romero expressed his support of the proposed design. Commissioner Flores asked staff to address the issue pertaining to the po{es. Greg McCafferty, Principal Planner, stated the reason why they thought the light pole was a good solution is because it had context with the other light poles. Chairman Eastman asked if a light pole is going to be added. Celly Adamo responded they are adding a light pole and the antenna will be housed within the pole, therefore the antenna would not be visible. Commissioner Velasquez concurred with Commissioner Romera • ~ ~ •- ~ • • • ~ • • OPPOSI710N: None 01-10-05 Page 8 JANUARY 10, 2005 PLANNING COMMISSION MlNUTES • ACTION: Approved CEQA Negative Deciaration Granted Conditional Use Permit No. 2004-04910 (to permit a telecommunications antenna disguised as a parking lot light with accessory ground-mounted equipment), for a period of five (5) years (to expire on January 10, 2010); and adoption of the resolution : attached to the staff report dated January 10, 2005, including the findings and conditions contained therein. 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, February 1, 2005. DISCUSSION TIME: 6 minutes (2:05-2:11) . • 01-10-05 Page 9 JANUARY 10, 2005 - PLANNING COMMISSION MINUTES • 3a. CEQA Nestative Declaration Approved 3b. Variance No. 2004-04631 Granted Owner: Anaheim Magnolia LLC, 6732 Westminster Boulevard, Westminster, CA 92683 Agent: Ehky Gutierrez, 523 North Hanover Street, Anaheim, CA 92801 Location: 1125 North Maanolia 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 and December 13, 2004, Planning Commission Meetings. Variance Resolution No. PC2005-5 sr8821gk.doc Chairman Eastman opened the public hearing. Scott Koehm, Planner, introduced Item No. 3. • ApplicanYs Statement: Ehky Gutierrez, 523 N. Hanover Street, Anaheim, CA, stated he is the representative. THE PUBLIC HEARING WAS CLOSED. Chairman Eastman asked staff to address the issue of inoperable vehicles in the parking lot. Greg McCafferty, Principal Planner, stated there were inoperable vehic(es in the parking lot and staff requests that those vehicles be removed from the premises. Mr. Gutierrez responded that the owner is currently in the process of ~emoving those vehicles from the parking lot. • • ~ ~~ • ~ • ~ ~ • OPPOSITION: None ACTION: Approved CEQA Negative Declaration Granted Variance No. 2004-04631 (to permit a computer vocational school); and adoption of the resolution attached to the staff report dated January 10, 2005, including the findings and conditions contained therein. V07E: 5-0 (Commissioner O'Connell absent and with one Commission vacancy) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights er-ding at 5:00 p.m. on Tuesday, • February 1, 2005. DISCUSSION TIME: 4 minutes (2:12-2:16) 01-10-05 Page 10 JANUARY 10, 2005 PLANNING COMMISSION MINUTES • 4a. CEQA Neqative Declaration (ReadvertisedJ Approved 4b. Reclassification No. 2004-00136 Granted 4c. Waiver Of Code Requirement ' Approved 4d. Conditional Use Permit Na 2004-04933 Granted ' 4e. Tentative Tract Map Na 16809 Approved Owner: Lane A. Anderson, 6345Balboa Boulevard, #112, Encino, CA 91316 Agent: John O'Brien, Brookfield Homes, 3090 Brisol Street, Suite T 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 GG (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, i attached residential planned unit development in the RM-3 Zone with waiver ofi required dedication of right-of-way. Tentative Tract Map No.168d9 - Request to establish a 6-lot, 102-unit, airspace condominium subdivision. Continued from the December 13, 2004, Planning Commission Meeting. Reclassification Resolution No. PG2005-6 Conditional Use Permit Resolution No. PC2005-7 sr511 Tjb.doc Chairman Eastman opened the public hearing. Jonathan Borrego, Principal Planner, introduced Item No. 4. He stated the project will have a traffic signal and is being designed to interface with the proposed Westgate retai! development on the east side of Beach Boulevard. There have been some discussions between the applicant and the Redevelopment Agency that is over seeing the development of the Westgate site in order to integrate the two projects with the traffic signaL Applicant's Statement: Cheryl Stump, Brookfield Homes, 3090 Bristol Street, Suite 200, Costa Mesa, CA, stated they believe that the new community will meet the vision of West Anaheim and will enhance the street scene along Beach . Boulevard and will increase the housing sales in West Anaheim. • 01-10-05 Page 11 JANUARY 10, 2005 PLANNING COMMISSION MINUTES • ~ ~ She gave a brief description of the project and presented a PowerPoint Presentation. She stated the new in-fill neighborhood also implements the general plan designation of,RM-3 that was recently implemented in the most recent General Plan Amendment and it is a reuse of an existing RV park and a restaurant. John O'Brien, Brookfield Homes, 3090 Bristol Street, Suite 200, Costa Mesa, CA, stated the site plan will , feature a parkway and a sidewalk along Beach Boulevard, including street trees and groundcover planting which will go in hand with what has'been worked out with the Public Works Department in terms of an 8-foot parkway and a 5-foot sidewalk along Beach Boulevard. He gave information of the project pertaining to planter areas/landscaping, setback, parking requirements and common area amenities. He stated the town homes are configured into 3 to 8 attached homes per building court yard cluster and the garages are all set off the primary street and access through a private auto court. He gave further details of the project pertaining to the floor plans and purchase price. 1 Public Testimony: Katherine Smith, 9312 Hillview Road, Anaheim, CA, stated she serves on the Anaheim Union High School District Board and expressed her concerns of the project due to the impacts of the schools. In the 'past 8 years, the major issue raised on the school board has been concerns with overcrowding and she urges people to work with the school district. ~ Mr. Borrego stated the school district was notified of the develapment and to his knowledge there has not been any feedback. He informed that there would be some mitigation fees paid which is standard practice for this type of development. Mr. O'Brien responded that school fees have recently increased and they would be paying school mitigation fees. THE PUBLIC HEARING WAS CLOSED. Commissioner Flores stated there was an article in the Los Angeles Times newspaper this past Sunday regarding the trailer park and she stated there is very little they could do in not allowing a developer to develop tand. There is a need for low-income housing and she suggested that the City Council be reminded of that need. In response to a question posed by Chairman Eastman, Mr. O'Brien stated the CC&R's for the project would require that all 2-car garages be occupied by vehicles. In the event that there is only one car, then storage would be allowed for the other portion of the garage. But, homeowners are not permitted to put storage in their garages and then utilize street parking. Mr. Borrego referred to the draft conditional use permit resolution attached to the staff report and read into the record modifications to Condition Nos. 6 and 28. He also referred to the Tentative Tract Map excerpt and read into the record modifications to Condition No. 7. Chairman Eastman, Commissioner Velasquez and Buffa expressed their support of the project. : • • . .- ~ . • • ~ ~ OPPOSITION: One person spoke with concerns. Prior to the meeting, a memo was received in opposition to the subject request. ACTION: Approved CEQA Negative Declaration Granted Reclassification No. 2004-00136 (to reclassify the parcels from the GG (General Commercial) zone to the RM-3 (Residential, Multiple-Family) or a less intense zone: 01-10-05 Page 12 JANUARY 10, 2005 PLANNING COMMISStON MINUTES ~J Approved Waiver of Code Requirement pertaining to dedication of required right-of- way. Granted Conditional Use Permit No. 2004-04933 (to permit a 102-unit, attached residential planned unit development); and adoption of the resolution attached to the staff report dated January 10, 2005, including the findings and conditions contained therein, with the following modifications: Modified Condition Nos. 6 and 28 to read as follows: That, as if required by Caltrans, a southbound deceleration on Beach Boulevard shall be provided. Said lane shall be illustrated on plans submitted for building permits. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approvaL Barrel collection areas shall be provided in an area designated for barrel collection only and shall be provided only along straight portions of the interior street system. This information shall be specifically shown on plans submitted for building permits. Commissioner Velasquez offered a motion, seconded by Chairman Eastman and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim Planning Commission does hereby approve Tentative Tract Map No. 16809 (to establish a 6-1ot, 102-unit, airspace condominium subdivision); and adoption of the findings and conditions attached to the staff report dated:January 10, . 2005, with the following modification: ~ Modified Condition No. 7 to read as follows: That the property owner shall irrevocably offer to dedicate to the City of Anaheim, on the final map, an easement 3-#ee~ 5-feet in width from the existing right-of-way line along Beach Boulevard for road and public utility purposes. ~ VOTE: 5-0 (Commissioner O'Connell absent and with one Commission vacancy) Mark Gordon, De ut Cit Attorne , presented the 10-da a eal ri hts endin at 5:00 m. on Thursda p Y Y Y Y AP J 9 P• Y January 20, 2005 for the Tentative Tract Map; and presented the 22~day appeal rights ending at 5:00 p.m. on Tuesday, February 1, 2005 for the balance of the items. DISCUSSION TIME: 24 minutes (2:16-2:40) 01-10-05 Page 13 JANUARY 10, 2005 PLANNING COMMISSION MINUTES • 5a. CEQA Neqative Declaration Continued to 5b. General Plan Amendment No. 2004-00421 January 24, 2005 5c. Reclassification No. 2004-00137 5d. Variance No. 2004-04633 5e. 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 Use 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 arterial highway, (b) minimum front yard setback, (c) minimum rear yard setback, and (d) minimum number of parking spaces to construct seven (7) single-family residences.'' *Waivers (c) and (d) have been deleted. Tentative Tract Map No. 16794 - Request to establish a 7-lot, 7-unit detached single-family subdivision. Continued from the December 13, 2004, Planning Commission Meeting. Reclassification Resolutian No. Variance Resolution No. sr8843av.doc Chairman Eastman opened the public hearing. Amy Vazquez, Associate Planner, introduced Item No. 5, referred to the stafF report, paragraph no. 11 and stated that the lot sizes are accurate but that the applicant has mentioned that some of the dimensions on the Tentative Tract Map are inaccurate and the dimensions on the site plan which is Exhibit No. 1 are accurate. Those dimensions wiff then be revised in the final tract map process through Public Works Department. She read into the record added conditions for the Tentative Tract Map. ApplicanYs Statement: ~ Bobbie Stadda (address not provided) stated they have worked very closely with Phyllis Mueller and Tom Kupfrian from the Histo~ical Preservation Office to ensure that the outside of the home complies with the existing homes in the area. THE PUBLIC HEARING WAS CLOSED. 01-10-05 Page 14 JANUARY 10, 2005 PLANNING GOMMISSION MtNUTES ~ Commissioner Buffa asked staff for clarification regarding approving a tentative tract map that contains ~ errors. Mark Gordon, Deputy City Attorney, responded if the tentative tract map has errors then he would be apprehensive in approving the tentative tract map at this time because once the tract map is approved and recorded then the process is much more onerous for making changes at that time. Greg McCafferty, Principal Planner, concurred with Mr. Gordon and suggested that the item be continued in order for the planner to meet with the applicant to ensure the dimensions are accurate. Chairman Eastman expressed concerns regarding the waiver pertaining to the minimum front yard setback and dimensions of the alley. Mr. Stadda stated they are hoping the compromises they are making for the frontage and facing the alley are made up by giving it a larger side yard and a more private backyard setting. Commissioner Velasquez pointed out that is the issue if you build 7 homes. Chairman Eastman responded yes, and the only way to get around that is to build only 6 homes: Commissioner Buffa stated the property owner is down zoning and is asking for less than he is entitled to currently. He could develop the property with 7 units without a variance and in that instance he would need the front yard setback and have unusable open space. He has provided a larger backyard, and it is nof a good situation but she feels that the property would selL tf the property owner was willing to take that risk then she would support it. Mr. Stadda stated they have downsized the homes and have met all the requirements possible given the i nature and historic issues of the pa~ceL • • • ~- • ~ ~ • • • OPPOSITION: None ACTtON: Commissioner Buffa 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 24, 2005, Planning Commission meeting in order to make corrections to the tentative tract map. VOTE: 5-0 (Commissioner O'Connell absent and with one Commission vacancy) DISCUSSION TIME: 24 minutes (2:41-3:05) • 01-10-05 Page 15 JANUARY 10, 2005 PLANNING COMMISSION MINUTES ~ 6a. CEQA Neqative Declaration Approved 6b. Specimen TreeRemoval Permit No. 2004-00007 Approved Dwner: Jorge Porta, 19 Wimbledon Court, Dana Point, CA 92629 Location: 345 Pennv Lane. Property is approximately 0.46-acre, having a frontage of 100 feet on the south side of Mohler Drive, located 153 feet west of the centerline of Owens Drive. Request to remove one (1) specimen pepper tree. sr8842jn.doc Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 6, stated staff just received a Jetter pertaining to the grading permit (storm runoff/drainage) that is not relevant to the Planning Commission's discussion today and he submitted copies to the Commission. ApplicanYs Statement: Jorge Porta, 19 Wimbledon Court, Dana Point, CA 92629, stated he is requesting to remove one (1) specimen pepper tree and the property is currently a vacant lot. They are planning to upgrade the property in preparation for constructing one new 2-story single family home. THE PUBLIC HEARING WAS CLOSED. ~ ~ • • •- ~ • • • • • OPPOSITION: None ACTION: Approved CEQA Negative Declaration Commissioner Romero offered a motion, seconded by Commissioner Flores and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve Specimen Tree Removal permit No. 2004-00007 (to remove one (1) specimen tree); subject to the conditions of approval and findings attached to the staff report dated January 10, 2005. 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, February 1, 2005. ' DISCUSSION TIME: 4 minutes (3:06-3:10) ~ 01-10-05 Page 16 JANUARY 10, 2005 PLANNING COMMISSION MINUTES ~ 7a. CEQA Mitiaated Neaative Declaration fPreviouslv-Approved) Approved 7b. ' Conditional Use Permit No. 2004-04906 Approved (Tracking No. CUP2004-04939) Owner: CREAINexus Anaheim Corners, LLC, 9381 Judicial Drive, #100, San Diego, CA 92121 Location: 1801 East Katella Avenue. Property is approximately 6.3 acres, located at the northwest corner of Katella Avenue and State College Boulevard (Stadium Lofts Anaheim). Request to amend a condition of approval pertaining to the location of ~ above-ground utility equipment for a previously-approved mixed-use project (Stadium Lofts). Conditional UsePermit Resolution No. PC2005-$ sr8822cf.doc • r Chairman Eastman opened the public hearing. Cheryl Flores, Senior Planner, introduced Item No. 7 and stated the item pertains to the relocation of a transformer that was to be located in the primary entrance to the driveway but it could not go there because it was too far from the electrical source, therefore needed to be moved to a location on Wright Circle and it will be within the right-of-way. Staff has provided their conditions of approval in the staff report. Public Testimony: Joseph Maag, 1910 Wright Circle, Anaheim, CA, stated it is his understanding that the electrical equipment was to be relocated onto his property. Greg McCafferty, Principal Planner, responded the equipment is the private transformer for the subject development. The equipment is going to be located adjacent to the subject property on the south side of Wright Circle in the public right-of-way. Mr. Maag verified that the equipment would not be adjacent to his property and Mr. McCafferty concurred. THE PUBUC HEARING WAS CLOSED. s • ~ ~- ~ ~ • • ~ • OPPOSITION: 1 person spoke with concerns regarding location of the electrical equipment. ACTION: Commissioner Flores offered a motion, seconded by Commissioner Buffa and MOTION CARRIED, that the Anaheim Planning Commission does hereby determine that the previously-approved CEQA Mitigated Negative Declaration is adequate to serve as the required environmental documentation for this request. Approved Conditional Use Permit No. 2004-04906 (Tracking No. CUP2004-04939) to amend a condition of approval pertaining to the location of above-ground utility equipment for a previously-approved mixed-use project (Stadium Lofts); and adoption of the resolution attached to the staff report dated January 10, 2005, including the findings and conditions contained therein. 01-10-05 Page 17 JANUARY 10, 2005 PLANNING COMMISSION MINUTES ~ VOTE: 5-0 (Commissioner O'Conneil 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, February 1, 2005. DISCUSSION TIME: 3 minutes (3:11-3:14) ~ • r 01-10-05 Page 18 JANUARY 10, 2005 PLANNING COMMISSION MINUTES • ~ r 8a. CEQA Nectative Declaration 8b. ' Waiver Of Code Requirement 8c. - 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, November 15 and December 13, 2004, Planning Commission Meetings. Conditional Use Permit Resolution No. _ Withdrawn sr5134jr.doc Chairman Eastman asked John Ramirez, Associate Planner to introduce the item. John Ramirez, Associate Planner, introduced Item No. 8 and stated staff briefed the Commission at previous meetings regarding the history of the project and at the last meeting they spoke in depth regarding the code enforcement history. On Friday, January 7, 2004 staff received a request fo~ withdrawal from the property owner's attorney, acting as an agent on behalf of the property owner for the entire application. The application was submitted to staff as one application containing four requests for the two churches, the recovery center and the land use conformity. Since the attorney is the owner's agent requesting withdrawal it would then withdraw the application in its entirety. The alternatives to the other applicants under the permit request would be to submit a separate conditional use permit. He indicated staff is recommending that Commission accept the applicanYs request for withdrawal of the complete application, staff will then advise the other applicants of their alternatives for future land use entitlements. Mark Gordon, Deputy City Attorney, stated at the last meeting of December 13, 2004 the public hearing was closed, therefore, if it is the Commissions' intention to reopen the public hearing which would be a decision of the Commission as a whole it would need to be based upon a motion and a second and concurrence of the majority of the Commissioners. Chairman Eastman read into the record that there are three people present who filled out speaker cards in support of the project: Douglas Potnatz, Attorney for O.C. Recovery Center, 611 Civic Center Drive, Santa Ana, CA Darlene Powell, 921 S. Velare Street, Anaheim, CA Paula Elias, 2230 W. Colchester Drive #1-4, Anaheim, CA ln response to questions posed by the Planning Commission, Mr. Gordon explained that there are two issues before them, (1) request for withdrawal as requested by the applicant's agent and recommended 01-10-05 Page 19 JANUARY 10, 2005 PLANNING COMMISSION MINUTES • by staff, (2) would involve going forward with the particular item in some bifurcated fashion if the applicant is requesting a withdrawal of the item as a whole, he doesn't believe they want to separate any of the parts of that and take action on it separately unless they are going to take action on the application as a whole. Commissioner Velasquez asked if the tenants could apply separately. Mr. Gordon responded yes it would not be part of the subject application if Commission accepts the withdrawal of the application. Chairman Eastman asked if the individual tenants would have to have the owner's agreement. Mr. McCafferty responded yes. Chairman Eastman stated in essence they are prevented from doing it on their own. Mr. McCafferty responded unless the property owner consents to allow them to move forward as agent for their specific land use entitlement. • • ~ ~ ~ ~ ~ ' ~ ~ ~ ~ OPPOSITfON: None ACTION: Commissioner Velasquez offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner O'Connell alisent and with one Commission vacancy) that the Anaheim Planning Commission does hereby accept the petitioner's ~ request for withdrawal of Conditional Use Permit No. 2004-OA~861: VOTE: 5-0 (Commissioner O'Connell absent and with one Commission vacancy) J DISCUSSION TIME: 11 minutes (3:15-3:26) 01-10-05 Page 20 JANUARY 10, 2005 PLANNING COMMtSSION MINUTE5 • 9a. Environmental Impact ReportNo. 330 (Previouslv-Certified) " Approved nded R General Pian Amendment No. 2004-00422 9b. ecomme Adoption of Exhibit "A" Location: Citvwide to City Council Request amendment to the Circufation Element of the General Plan to (a) redesignate a segment of Lincoln Avenue between State College Boulevard and the west City limit from a Major Arterial Highway to a Primary Arterial Highway, (b) redesignate segments of State College Boulevard between the Rivers+de {SR-91) Freeway and Lincoln Avenue and between Ball Road and Cerritos Avenue from a Major Arterial Highway to a Primary Arterial Highway, (c) redesignate a segment of Katella Avenue from Walnut Street to West Street from a Resort Smart , Street to a Major Arterial Highway, and (d) an amendment to the text of the Circulation Element relating to "Future Level of Service:' Request amendment to the text of the Noise Element of the General Plan pertaining to exterior noise standards for residential projects. General Plan Amendment Resolution No. PC2005-9 sr3o89ey.doc Chairman Eastman opened the public hearing. Jonathan Borrego, Principal Planner, introduced Item No. 9 and stated the Citywide General Plan Update ~ was approved unanimously by the Planning Commission in the middle of last year. As the General Plan was put inta place and being used they have identified errors, omissions and also some clarifications that needed to be made in the General Plan and he gave details regarding those changes. THE PUBLIC HEARING WAS CLOSED. ~ • ~ ~- • • ~ • ~ • OPPOSITION: None ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim Planning Commission does hereby determine that the previously-certified EIR No. 330 is adequate to serve as the required environmental documentation for this request. Recommended City Council approval of General Plan Amendment No. 2004-00422, Exhibit "A" (to amend the Circulation and Noise Element of the Anaheim General Plan). 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, February 1, 2005. ~ DISCUSSION TIME: 5 minutes (3:27-3:32) 01-10-05 Page 21 JANUARY 10, 2005 PLANNING COMMISSION MINUTES • 10a. CEQA Nestative Declaration (Previousiv-Approved) 10b. Conditional Use Permit No. 4163 ' (Trackinq No. CUP2004-04932) Owner: Southern California Alcohol and Drug Programs Inc., Attn: Lynne Appe1, 11500 Paramount 8oulevard, Downey, CA 90241 Location: 321 North State Colle e Boulevard. Property is approximately 0.69-acre, having a frontage of 91 feet on the west side of State College Boulevard, Iocated 310 feet south of the centerline of Redwood Avenue. Request reinstatement of this permit by the modification or deletion of a condition of approvaf pertaining to a time limitation (approved May 7, 2001, to expire May 7, 2004) to retain a substance abuse recovery center for women and their dependent children. Conditional Use Permit Resolution Na PC2005-10 ~ Approved Approved reinstatement with deletion of time iimitation sr8830dh.doc Chairman Eastman opened the public hearing. Della Herrick, Associate Planner, introduced Item No. 10 and read into the record changes to Condition No. 5 in the draft resolution. ApplicanYs Statement: Lynne Appel, 11500 Paramount Boulevard, Downey, CA, stated she is the executive director CEO of Southern California Alcohol and Drug Programs, Inc. She is pleased to see that the staff report indicates that they are complying and in good standings with their prior conditional use permit. THE PUBLIC HEARING WAS CLOSED. Commissioner Romero suggested that the time limitation be deleted. • • • ~- • • ~ • ~ • 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 Planning Commission does hereby determine that the previously approved Negative Declaration is adequate to serve as the required environmental documentation for this request. Approved the request for reinstatement of Conditional Use Permit No. 4163 (Tracking No. CUP2004-04932} to retain a substance abuse recovery center for women and their dependent children without a time limitation; and adoption of the resolution attached to the staff report dated January 10, 2005, including the findings and conditions contained therein, with the following modifications: • Deleted Condition No. 1 01-10-05 Page 22 ~ .lANUARY 10, 2005 PLANNING COMMISSION MINUTES Modified Condition No. 5 to read as follows: • 5. That this facility shall be limited to a maximum occupancy of forty-four (44) patrons and shall comp{y with the applicable State of California permit requirements. 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, February 1, 2005. DISCUSSION TIME: 3 minutes (3:33 to 3:36) JANUARY 10, 2005 PLANNING COMMISSION MINUTES . 11a. CEQA Neaative Declaration '11b. Variance No. 2004-04637 11c. Tentative Tract Map Na 16803 ' Owner: Phuc Huynh, 9840 Winthrop Circle, Fountain Valley, CA 92708 , Location: 331 East Simmons. Property is approximately 0.75-acre, having a frontage of 165 feet on the north side of Simmons Avenue, located 167 feet west of the centerline ofVern Street. Variance No. 2004-04637 - Request waiver of required lot frontage on a public or private street to establish a 5-lot, 4-unit detached single-family residential subdivision. Tentative Tract Map No. 16803 - Request to estabAsh a 5-1ot, 4-unit detached single-family residential subdivision: Variance Resolution No. PC2005-11 Approved Granted Approved i sr8839av.doc Chairman Eastman opened the public hearing. Amy Vazquez, Associate Planner, introduced Item No. 11 and she referred to the Variance draft ~ resolution and read into the record an additionaf condition of approval pertaining to final fencing plans and read into the record modifications to Condition Nos. 20 and 21. She referred to the Tentative Tract Map excerpt and read into the record modifications to Condition Nos. 7, 8 and 13. Applicant's Statement: Kenneth Peterson, Kendricks & Associates, 920 E. Orangethorpe Avenue, Anaheim, CA, stated he is a land surveyor, and has prepared the tentative map and helped with the design phase and he is present today to answer any questions. Public Testimony: Ron Broadbelt, 4616 Simmons Avenue, Orange, CA, stated he lives across the street and feels he would be the most impacted by the project. He expressed concerns with the project as he feels it is not conducive with the rest of the neighborhood, as there are single-family residences and some town homes in the area. Further, he expressed concerns regarding parking because there is an existing parking problem in the area. Chairman Eastman responded there would be four parking spaces for each of the homes. J. Randall Gargan, 2227 S. Vern Street, Anaheim, CA, stated he feels he is impacted as much as Mr. Broadbelt and expressed concerns regarding the wall setback of 5 feet because it wilf impact his ingress and egress from his driveway causing a safety hazard. He is not opposed to building in the area but suggested that the developer make the streets wider for parking on the street and to ensure the project does not impact the environment of the existing neighbors. He expressed concerns regarding the 2-story unit looking on to his backyard. ~ 01-10-05 Page 24 JANUARY 10, 2005 PLANNING COMMISSION MINUTES Applicant's RebuttaL• ~ Mr. Peterson stated besides the four parking spaces far each unit, 2 inside the garage and 2 in the driveway, there are also four additional parking spaces, 1 per unit, also provided within the development. He believes they meet the guidelines for building a 2-story project. Commissioner Buffa addressed Mr. Gargan's concern regarding the ingress and egress from his driveway and she asked the applicant to address the issue. Mr. Peterson responded the 10-foot was a requirement that was received in their pre-file conditions and it was requested to put a 10-foot landscape easement. Greg McCafferty, Principal Planner, stated staff has veriiied that 5 feet would work. THE PUBLIC HEARING WAS CLOSED. Commissioner Velasquez suggested that the applicant meet with staff in order to mitigate any of the neighbor's issues regarding privacy. Mr. McCafferty suggested to Commission that staff could add a condition which states, that staff review finaL elevation plans for sensitivity to the residential area to the east, staff would then try to mitigate any visual intrusions. Chairman Eastman stated Commission was at a disadvantage because they did not get total elevations of the subject project. She requested that in the future that they get the elevations when they are considering a project that may have some impacts to the surrounding neighbors. Commissioner Buffa suggested looking at landscape opportunities along the edges where there is a rear • yard on the new home abutting an existing rear yard because they may not be able to do a whole lot with the building elevations due to window requirements for fire egress. Mr. Peterson responded during the design construction drawing stage they will work with Planning Department to help mitigate the neighbor's issues. • • • •- • - • • • • • OPPOSITION: 2 people spoke with concerns pertaining to height and traffic. ACTION: Approved CEQA Negative Declaration Granted Variance No. 2004-04637 (to waive the required lot frontage on a public or private street to establish a 5-lot, 4-unit subdivision); and adoption of the resolution attached to the staff report dated January 10, 2005, including the findings and conditions contained therein, with the following modifications: Modified Condition Nos. 17, 20 and 21 to read as follows: 17. That a~nal detailed landscape and irrigation plans for the proposed development shall be submitted to the Planning Services Division for review and approval. Said landscape plans shall show minimum 24-inch box sized trees, shrubs, groundcover and vines to be planted in layers in common areas, and minimum 24-inch box sized trees in the front yard of each property. All trees shall be properly, professionaNy, and permanently maintained to ensure mature, healthy growth. And that final ~ fencing plans sh~ll be submitted to the Planning Services Division for review 01-10-05 Page 25 JANUARY 10, 2005 PLANNING COMMISSION MINUTES and approvaL Said plans shall include a 5-foot wide, fully landscaped setback • adjacent to Simmons Avenue. 20. That prior to issuance of the first building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 4, 5, ~, 8, 9, 10, 11, 12, 13, 16 17, and 18 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 21. That prior to final building and zoning inspections, Condition Nos. 3, and 19 a~9, above-mentioned, shall be complied with. Commissioner Velasquez offered a motion, seconded by Commissioner Buffa and MOTION CARRIED (Commissioner O'Connell absent and with one Commission vacancy), that the Anaheim Planning Commission does hereby approve Tentative Tract Map No. 16803 (to establish a 5-lot, 4-unit detached single-family residential subdivision); and adoption of the findings and conditions attached to the staff report dated January 10, 2005, with the following modifications: Modified Condition Nos. 7, 8 and 13 to read as follows: 7. That ~e on-street parking shall only be permitted in designated parking stalls. The improvement plans shall include installation and maintenance of the no parking signs e~ and red curbs to identify the parking restriction. 8. That the vehicular access rights to Simmons Avenue and Mountain View Avenue, except at the approved driveway location ' ns on Simmons ~ Avenue, shall be released and relinquished to the City of Anaheim. -~ 13. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 4, 8, 9,10 and 11, above-mentioned shall be complied with. VOTE: 5-0 (Commissioner O'Connell absent and with one Commission vacancy) Mark Gordon, Deputy City Attorney, presented the 10-day appea! rights ending at 5:00 p.m. on Thursday January 20, 2005 for the Tentative Tract Map; and presented the 22-day appeal rights ending at 5:00 p.m. on 7uesday, February 1, 2005 for the balance of the items. DISCUSSION TIME: 28 minutes (3:37-4:05) ~ 01-10-05 Page 26 JANUARY 10, 2005 PLANNING COMM{SSION MINUTES . 12a. CEQANeaative Declaration (Previouslv-Approved) Approved 12b. Conditional Use Permit No. 3816 Approved LTrackin~ No. CUP2004-04942) Owners: Church Internationai of Foursquare, 101 East Orangethorpe Avenue, Anaheim, CA 92801 Bryan Industrial Properties, 145, 149 and 151 East Orangethorpe Avenue, Anaheim, CA 92801 , EI Vee fnc., 200 West Midway Drive, Anaheim, CA 92801 ' Agent: Timeless Architecture, 23276 South Poine Drive, Laguna Hilis, CA 92653 Location: 101 -145 East Oranqethorpe Avenue. Property is approximately 4.28 acres, having a frontage of 795 On the north side of Orangethorpe Avenue, located 510 feet east of the centerline of Lemon Street (The Rock Church). - Request to expand an existing church and to permit a muraL Conditional Use Permit Resolution No. PC2005-12 sr5135jr.doc Chairman Eastman opened the public hearing. • John Ramirez, Associate Planner, introduced Item No. 12. Applicant's Statement: Jim Thayer, Architect, 23276 S. Pointe Drive, Laguna Hills, CA, stated they have reviewed the conditions and he referred to Condition No. 11 and asked if that is a City standard as they would prefer to make those 15-gallon trees as the 24-inch box trees would be more expensive. Ric Guerra, 101 E. Orangethorpe Avenue, Anaheim, CA, stated he is the Associate Pastor of church operations for Anaheim Foursquare Church (d.b.a., The Rock). They are looking forward to the project and hope it will be a benefit to the community. THE PUBLIC HEARING WAS CLOSED. Commissioner Suffa asked what prompt the "Tropical Paradise Theme" on the mural. Mr. Guerra responded they are naming the theme of the children's center, Adventure Island. They want children to know that church is not only good for your spiritual growth and they want something to excite them. Mr. Ramirez responded to Mr. Thayer's question and stated the code does require that trees be a minimum of 24-inch box in size. Greg McCafferty, Principal Planner, stated if there are 26 trees existing as indicated in paragraph 14 of today's staff report, then there would be a net of 14 additional trees that would be required. ~ Mr. Guerra stated they were looking at replacing alf of the trees because the existing trees have grown so large that they are interfering with the power lines and it would be less expensive to replant new trees than to continually cut the existing trees. 01-10-05 Page 27 JANUARY 10, 2005 PLANNING COMMISSION MINUTES ~ • • • ,. ~ ~ ~ ~ ~ ~ OPPOSITION: None , ACTION: Commissioner Flores offered a motion, seconded by Commissioner Romero and MOTION CARRIED, that the previously-approved CEQA Negative Declaration is adequate to serve as the required environmentai documentation for subject request. Approved Conditional Use Permit No. 3816 (Tracking No. CUP2004-04942j to expand an existing church and to permit a wall mural; and adoption of the resolution attached to the staff report dated January 10, 2005, including the findings and conditions contained therein. 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:Od p.m. on Tuesday, February 1, 2005. DISCUSSION TIME: 6 minutes (4:06-4:12) ~ • MEETING ADJOURNED AT 4:14 P.M. TO MONDAY, JANUARY 24, 2005 AT 1:00 P.M. FOR PRELIMINARY PLAN REVIEW. Respectfully submitted: ~~~~ ~~r~~ Elly Morris Senior Secretary Received and approved by the Planning Commission on ~,v.uc~,,•u ~`l _, 2005. 01-10-05 Page 28