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Minutes-PC 2005/01/24 (2)~A~EIM ~~ CITY OF ANAHEIM ~ ~ ~ ~r'~' ~ • ~ o ~ Planning Commission ~ ~ Minutes ~ ~ . ~~~~~D°~ , _ Mondav, January 24, '2005 e, ,t,O $~~ Council Chamber, City Hall ~N D E D~ 200 South Anaheim Boulevard, Anaheim, California CHAIRMAN: GAIL EAS7MAN Commissioners Present: KELLY BUFFA, CECILIA FLORES, DAVID ROMERO, PAT VELASQUEZ, (TWO VACANCIES) Commissioners Absent: None Staff Present: Mark Gordon, Deputy City Attorney Alfred Yalda, Principal Transportation Planner Greg McCafferty, Principal Planner James Ling, Associate Civil Engineer Della Herrick, Associate Planner Elly Morris, Senior Secretary Amy Vazquez, Associate Planner Pat Chandler, Senior Secretary John Ramirez, Associate Planner Danielle Masciel, Word Processing Operator , ~ A enda Posting: A complete copy of the Planning Commission Agenda was posted at 3:30 p.m. on 9 Wednesday, January 19, 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 30, 2004 • Call To Order Pretiminary Plan Review 1:00 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 24, 2005 AGENDA • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:00 P.M. For record keepinqpurposes if you wish to make a statement reqardinp any item on the aqenda please com,plete a speaker card in advance and submit it to the secretarv. • Pledge Of Allegiance: Commissioner Flores • Public Comments • Consent Calendar • Public Hearing Items • • Adjournment You may leave a message for the Planning Commission using the following e-mail address: planninacommission(n~anaheim.net H:\DOCS\CLERICAL\MINUTES~AC012405.DOC . ' ' JANUARY 24, 2005 PLANNING COMMISSION MINUTES • Anaheim Planning Commission Agenda - 2:00 P.M. Items of Public Interest: Presentation of a plaque to James Vanderbilt-Linares in acknowledgement of his 5'/z years of service on the Planning Commission. Former Commissioner James Vanderbilt-Linares stated the experience of 5'/2 years on the Planning Commission tias been terrific and he has learned so much, and will take what he has learned to the Anaheim City School District Board. He expressed his appreciation to the Commission and staff for aU their support throughout the years. The Planning Commission expressed their appreciation to James Vanderbilt-Linares and thanked him for his service to the Planning Commission and wished him well on the Anaheim City School District Board. Public Comments 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 Suffa offered a motion, seconded by Commissioner Flores and MOTiON CARRIED (with two Commission vacancies), for approval of Consent Calendar Item 1-A, and the minutes from the January 10, 2005, Planning Commission meeting as recommended by staff. UNANIMOUSLY APPROVED. Renorts and Recommendations 1A.(a} CEQA Nectative Declaration (Previouslv-Approved) (b) Tentative Parcel Map No. 2001-105 (Tracking No. SUBTPM2004-00015) Agent: Ernest Stuart, Stuart Architecture, 5031 Birch Street, Newport Seach, CA 92660 Location: 1531-1601 South State Colleqe Boulevard and 1500- 1701 East Babbitt Avenue Requests extension of time to comply with conditions of approval to establish a 12-lot industrial subdivision for an existing industrial complex. Commissioner Buffa offered a motion, seconded by Commissioner • Flores and MOTION CARRIED (with two Commission vacancies), that the Anaheim Planning Commission does hereby determine that the previously-approved negative declaration is adequate to serve as the Approved Granted for 1 year (to expire on January 28, 2006} 01-24-05 Page 2 JANUARY 24, 2005 PLANNING COMMISSION MINUTES • required environmental documentation for this request. Commissioner Buffa offered a motion, seconded by Commissioner Flores and MOTION CARRIED (with #wo Commission vacancies), that the Anaheim Planning Commission does hereby approve Tentative Tract Map Na 2001-105 (Tracking No. SUBTPM2004-00015) for a period of one (1) year to expire on January 28, 2006 to establish a 12- lot industrial subdivision for an existing industrial complex. sr8853mn.doc • • 01-24-05 Page 3 JANUARY 24, 2005 PLANNING COMMISSION MINUTES • Min es Receiving and approving the Minutes from the Planning Commission Approved Meeting of January 10, 2005. (Motion) ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Flores and MOTION CARRIED (with two Commission vacancies), that the Anaheim Planning Commission does hereby receive and approve the minutes for the Planning Commission - meeting of January 10, 2005. • ~ ` JANUARY 24, 2005 PLANNING COMM{SSION MINUTES Public' Hearing Items: , • 2a. CEQA Neqative Declaration I 2b. General Plan Amendment Na 2004-00421 2c. Reclassification No. 2004-00137 ~~ I 2d. Variance No. 2004-04633 2e. 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 HarborBoulevard. 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 Efement 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) zone,s 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 (b), (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 and January 10, 2005, Planning Commission Meetings. General Plan Amendment Resolution No. PC2005-13 Reclassification Resolution No. PC2005-14 Variance Resolution No. PC2005-15 Chairman Eastman opened the public hearing. Approved Recommended Adoption of Exhibit "A" to City Council Granted Granted Approved sr8852av.doc Amy Vazquez, Associate Planner, introduced Item No. 2 and read into the record changes to Condition Nos. 5 and 6 for the tentative tract map excerpt. James Ling, Associate Civil Enginee~, stated in addition to the 15 feet dedication along Harbor Boulevard, the applicant is required by City ordinance to complete the street improvements as required by the General P1an. • 01-24-05 Page 5 JANUARY 24, 2005 PLANNING COMMISSION MINUTES ~ Applicant's Statement: Bobbie Stadda (address not provided) stated they have taken care of the parking issues which were raised at the last meeting. Also, the lot dimensions have been changed so Santa Ana Street no longer needs improvements with regards to dedication of land.; ' THE PUBLIC HEARING WAS CLOSED. Chairman Eastman referred to Lot No. 1(facing HarborBoulevard) and asked if they are proposing a fence. Mr. Stadda responded yes a"picket" fence. Chairman Eastman asked if they are planning on putting a low fence. Mr. Stadda responded yes, and stated they are open to any suggestions. Chairman Eastman was in support of a"picket" fence, and stated Lot 1 will be facing the public street of Santa Ana Street and that elevation/appearance would be important to the public right-of-way. Mr. Stadda responded they will take care to seethat the elevation compliments the neighborhood. • ~ ~ •- • • • • ~ • OPPOSITION: None • ACTION: Approved CEQA Negative Declaration Recommended City Councif approval of General Plan Amendment No. 2004-00421, Exhibit "A" (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. Granted Reclassification No. 2004-00137 (to reclassify 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. Granted Variance No. 2004-04633 (to construct seven (7) single-family residences); and adoption of the resolution attached to the staff report dated January 24, 2005, including the findings and conditions contained therein. ~ ~ Commissioner Buffa offered a motion, seconded by Commissioner Flores and MOTION CARRIED (with two Commission vacancies), that the Anaheim Planning Commission does hereby approve Tentative Tract Map No. 16794 (to establish a 7-lot, 7-unit detached single-family subdivision); and adoption of the findings and conditions attached to the staff report dated January 24, 2005, with the following modifications: Modified Condition Nos. 5 and 6 to read as follows: 5. That the ~s, sanitary sewer and storm drain within the development shall be privately maintained. Improvement plans for the ^~~~~°~~ sanitary sewer, and private drainage system shall be submitted to the Public Works Department, Development Services Division concurrently with the final map. 01-24-05 Page 6 JANUARY 24, 2005 PLANNING COMMISSION MINUTES 6. That the sewer connection and mitigation fees shall be paid. • _ VOTEr 5-0 (with two Commission vacancies) Mark Gordon, Deputy City Attorney, presented the 10-day appeal rights ending at 5:00 p.m. on Thursday, February 3, 2005 for the Tentative Tract Map; and presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, February 15, 2005 for the bafance of the items. DISCUSSION TIME: 10 minutes (2:18-2:28) , JANUARY 24, 2005 PLANNING COMMISSION MINUTES • 3a. CEQA Neqative Declaration 3b. Waiver Of Code Requirement 3c. Conditional Use Permit Na 2004-04945 Owner: ICFG - Anaheim East, 1910 West Sunset Boulevard, Suite 200, Los Angeles, CA 90026 Agent: Richard Danna, 4905 East La Palma Avenue, Anaheim, CA 92807 ' Location: 4905 East La Palma Avenue. Property is 6.37 acres, located at the northeast corner of Manessero Street and La Palma Avenue (Cornerstone Church). Request to establish a private school (pre-school through high school) in conjunction with an existing religious assembly and the use of a tent for temporary church services during the renovation of the existing building to accommodate the proposed school facility with a waiver of minimum number of parking spaces. Conditional Use Permit Resolution No. PC2005-16 Approved Approved Granted sr8848dh.doc Chairman Eastman opened the public hearing. • Della Herrick, Associate Planner, introduced Item No. 3. Greg McCafferty, Principal Planner, stated staff has provided the Commission with the Minutes from the February 9 and February 25, 2004, Planning Commission meetings. The Planning Commission considered and approved the previous request for the church. There was some discussion in today's preliminary plan review session about the intent of subsequent actions when the church was originally approved; therefore, the material was submitted for Commission's information. ApplicanYs Statement: Rick Danna, The Cornerstone Church, 4905 E. La Palma Avenue, Anaheim, CA, stated he is the pastor of the church. They came to the facility with the intent of eventually putting in a school and preschool. He stated the reason why they didn't present the entire project to the Commission at their first meeting was due to time constraints and also not having all the information available pertaining to the school, but they did mention at the previous meeting that they would return before the Commission to request the proposed school. THE PUBLIC HEARING WAS CLOSED. Commissioner Romero asked the applicant to give additional information pertaining to the proposed tent. Mr. Danna responded there would be two (2) moming sessions and one (1) evening session on Sunday; and then a mid-week on Wednesday night. The tent is a temporary structure, but is a fufl structure and is capable of handling winds of 70 mph. Chairman Eastman asked if it is a semi-permanent structure that would have its own heating and air conditioning. •. Mr. Danna responded it does handle that and they have asked to put in the heater units, but hopefully they wilV be out of the tent by the summer. 01-24-05 Page 8 JANUARY 24, 2005 PLANNING GOMMISSION MINUTES • Commissioner Velasquez stated questions were asked by staff during the application process, and she asked for clarification of his response regarding question 8 which states, "Since the subject church is located in a main industrial area which may contain toxic chemicals, how will #he school provide protection for the students". Mr. Danna responded they understand that they needed to provide an,evacuation plan in case of a spill, which they have provided. He gave details regarding the environment and #he adjacent buildings in the surrounding area and stated the buildings that do have small quantities of toxics are at a good distance. from them. Commissioner Velasquez asked staff what was their intent in asking that question. Mrs. Herrick respanded she wanted the question addressed in order to see what would happen in case of an emergency and also wanted to see ifthe applicant knew of any hazardous chemicals that were being produced in the area. Mr. McCafferty read into the record a section of the public resourees'code, and stafed it really puts the burden on who is generating the toxic substance as oppose to the schooL In response to a question posed by Commissioner Velasquez, Mr. McCafferty stated their role as : planning staff and the Planning Commission is to ensure that any use that requires a discretionary approval is compatible with the surrounding uses, which speaks to the findings that are required when a conditional use permit is approved. He stated the regulations they have to fall back on are the Fire Department, health and safety code and air quality management district regulations which may restricf the ability ofibusinesses, not necessarily the sehool; but the businesses that surround the school from operating. . Further discussion took place amongst staff and the Planning Commission regarding the findings made in today's staff report. ' Commissioner Buffa referred to finding (b) on page 7' of the staff report and stated she can not make that finding as she feels granting permission to allow a school in an industrial area limits. the industrial users who are thece by right. It would make it more difficult for industrial uses to set up shop. She fieels churches are compatible in an industrial area because they have very limited hours of operation and people tend to come and go at times when many industrial users are closed, but a school is different because people would be there at the same time of day as the industrial operators are operating. Commissioner Flores stated land is very limited in Anaheim, and people are looking at the industrial areas, She suggested a continuance of the item in order for Commission to receive additional information from staff regarding the surrounding areas. Mr. McCafferty responded if thaf is the desire of the Commission, staff would obtain information from the Fire Department regarding hazardous materials, and also consult with the air quality management district to check if there are any emissions that would be sensitive to the proposed request and would respond to the Commission in the.staff report. Commissioner Romero expressed his support of the subject request and stated he feels the safety issues have been addressed and these are challenges that the Commission and businesses will faee in the futwre and they need to address that but he doesn't feel they are hurting any of the exisfing businesses. DLLOWING IS A SUMMARY OF THE PLANNING COMM15510N AG 1 IG . OPPOSITION: None AGTION: Approved CEQA Negative Declaration ' -01-24-05 : Page 9 JANUARY 24, 2005 PLANNING COMMISSION MINUTES • Approved Waiver of Code Requirement pertaining to minimum number of parking spaces. Granted Gonditional Use Permit No: 2004-~4945 (to establish a private school (pre- school through high school) in conjunction with an existing religious assembly and the use of a tent for temporary church services during the renovation of the existing building to accommodate the proposed school facility; and adoption of the findings and conditions attached to the staff report dated January 24, 2005. VOTE: 3-2 (Commissioners Buffa and Flores voted no and with two Commission vacancies) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m, on Tuesday, February 15, 2005. DISCUSSION TIME: 35 minutes (2:29-3:04) S ~ 01-24-05 Page 10 JANUARY 24, 2005 PLANNING COMMISSION MINUTES ~~ 4a. CEQA Neqative Declaration (Readvertised) Approved 4b. Conditional Use Permit No. 2004-04946 Approved - Owner: Kathy G. Verburg, P.O. Box 12112, Sig Bear Lake, CA : 92315 Location: 1460 North Red Gum Street. Property is 2.88 acres, having a frontage of 164 feet on the'east side of Red Gum Street, located 810 feet north of the centerline ofi La Jolla Street. ' Request to permit the expansion of outdoor storage of automobiles. ' Conditional Use Permit Resolution No. PC2005-17 sr8845dh.doc Chairman Eastman opened the public hearing. Della Herrick, Associate Planner, introduced Item No. 4. Applicant's Statement: Linda Bernhardt, 333 S. Hope Street, 16`h Floor, Los Angeles, CA, stated she is representing the owner and lessee of the property. The lessee is Insurance Auto Auction, Inc., and they already lease from the ' • owner three (3) other sites. She gave a brief description of the operation of the subject business. THE PUBLIC HEARING WAS CLOSED. Commissioner Flores asked for further information regarding the type of cars sold. Linda Bernhardt responded the autos are brought on site from an accident and stored at their facility until everything is prepared and ready for bidding. The auction they conduct is over the website. She stated that used car dealers and/or dismantlers would purchase the autos and restore them. When the vehicles are sold, depending on the amount of damage the title may be marked as a salvage certificate. She referred to Condition No. 7 of the draft resolution and asked for modification of the verbiage in order to make it clear and consistent with the staff report because the subject business does accept and conducts business with damaged and/or salvaged vehicles. Greg McCafferty, Principal Planner, referred to Condition Nos. 7 and 16 of the draft resolution and read into the record modifications to those conditions. He indicated staff does understand the operation of the business and wants to ensure that it does not become a dismantling operation. • • . . - ~ • • • ` • OPPOSITION: None ACTION: Approved CEQA Negative Declaration Granted Conditional Use Permit No. 2004-04946 (to permit the expansion of outdoor ~ storage of automobiles); and adoption of thefindings and conditions attached to the staff report dated.January 24, 2005, with the following modifications: : 01-24-05 Page 11 JANUARY 24, 2005 - PLANNING COMMISSION MINUTES ' • Deleted Condition No. 7 Modified Condition No. 16 to read as follows: ' 16. That no activity otherthan automotive vehicle storage shall occur on the property. No vehicle auctions, repair, sales, rental, washing, defailing and/or sa~ra~e salvage/dismantling shall be permitted. VOTE: 5-0 (with two Commission vacancies) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday,' February 15; 2005. DISCUSSION TIME: 11 minutes (3:05-3:16) ~ • ~ JANUARY 24, 2005 PLANNIWG COMMISSION MINUTES 5a. CEQA Neaative Declaration 5b. Reclassification No. 2004-00140 5c. Variance No. 2004-04640 5d.: Tentative Parcel Map No. 2004-297 Owner: Rita Garcia, 2034 West Broadway, Anaheim, CA 92804 Location: 2034 West Broadwav. Property is 0.5-acre located at the southeast corner of Broadway and Camellia Street. Reclassification No. 2004-00140 - Request reclassification of the property from the T(Transition) zone to the RS-2 (Residential, Single- Family) zone, or a less intense zone. Variance No: 2004-04640 - Request waiver of (a) minimum lot area and (b) minimum lot width to establish a 3-lot, 3-unit detached single-family residential subdivision: Tentative Parcel Map No. 2004-297 - To establish a 3-lot, 3-unit ' detached single-family subdivision. Reclassification Resolution No. PC2005-18 Variance Resolution No. PC2005-19 Ghairman Eastman opened the public hearing. Approved Granted Granted Approved , sr8851 av.doc Amy Vazquez, Associate Planner, introduced Item No. 5 and stated staff had discussion with the applicant this morning and they wish to keep the existing home on the property until the first two residences are built and occupied. Therefore, staff is recommending that Condition No. 6 of the draft Tentative Parcel Map excerpt be replaced with a new condition, which was read into the record. She also requested that Condition No. 7 be deleted as Public Works Department has indicated the condition is not required and read into the record modifications to Condition No. 10. Applicant's Statement: Rita Garcia, 936 W. Pioneer, Anaheim, CA, stated she is the property owner of the subject project and stated additional dedication is being required along Broadway which includes both the sidewalk and a parkway. She referred to the draft resolution for the Variance, Condition Na 7, and asked for clarification if it is just referring to Lot 1. Amy Vazquez responded that is correct. Rita Garcia asked for further clarification regarding Condition Nos. 12 and 13; James Ling, Associate Civil Engineer, addressed her questions. Rita Garcia stated it was brought to her attention the Commission's concern regarding the proximity of Lot 3 structure to the existing residents to the south and she suggested switching the floor plans for Lot 2 and Lot 3 building layouts. Chairman Eastman stated the issue was brought up at today's preliminary plan review session and it was their intent to allow more privacy. 01-24-05 Page 13 JANUARY 24, 2005 PLANNING COMMISSION MINUTES i ~ Commissioner Buffa stated if the floorplans are reversed, it would create complete privacy to the neighbor's backyard. The main concern is to give distance, but if the floor plans are reversed that woufd also be great. David Boyle, 2076 S. Grand Avenue, Santa Ana, CA, stated he is the civil engineer for the project. He referred to the draft Tentative Parcel Map excerpt, Condition No. 2, and asked if it could be changed from a maintenance covenant to a maintenance agreement which would bemuch easier than trying to set up a homeowner's association, which was the process they've done for other projects in the area. Mr. Ling responded they do want to be consistent with previously approved projects and the intent of the condition was to ensure that the private facilities or any on-site improvements are maintained by the homeowners. ` He stated if the agreement is in place they can work with the language of the agreement and stated the wording can be changed from maintenance covenant to maintenance agreement. THE PllBLIC HEARING WAS CLOSED. Chairman Eastman expressed concerns with the elevation facing Broadway as it faces the street and stated the aesthetics is really important. She referred to the elevations and suggested that#he colors be distinctively different and asked the applicant to address the issue. Rita Garcia responded that the elevations afong Broadway will have an aesthetic relief provided by the proposed parkway and the landscape area a4ong the perimeter of the fencing which will have trees and vines planted: She gave further details of the proposed project pertaining to the elevations and colors and stated they will provide different architecture features. She ensured the Commission that if they prefer three different colors that it would be provided. Further discussion took place between the Commission, staff and the applicant regarding the architecture features of the project Mark Gordon, Deputy City Attorney, referred to the draft Tentative Parcel Map excerpt, Condition No. 2, and he suggested the verbiage be changed wherever it states "covenant", to read "covenant and/or maintenance agreement".. Further discussion and clarification took place between the Commission, staff and the applicant regarding the added condition to the draft Tentative Parcel Map pertaining to construction, demolition and the occupancy certificate. FOLLOWING IS A SUMMARY OF THE PLANNING COMMiSSioN acrivN. ~ OPPOSITION: None ACTION: Approved CEQA Negative Declaration Granted Reclassification No. 2004-00140 (to reclassify the property from the: T (Transition) zone to the RS-2 (Residential, Single-Family} zone, ar a less intense zone. Granted Variance No. 2004-04640 (to waive the following: (a) minimum lot area and , (b) minimum Iot width to establish a 3-lot, 3-unit detached single-family residential subdivision); and adoption of the resolution attached to the staff report dated January 24, 2005, including the findings and conditions contained therein, with the following modifications: • Modified Condition Nos. 7, 12 and 13 to read as follows: - 7. That final detailed landscape, fencing and irrigation plans for Lot No.1 for the proposed development shall be submitted to the Planning Services Division for 0124-05 Page 14 JANUARY 24, 2005 PLANN{NG COMMISSION MINUTES review and approval. Fencing along Broadway shall be setback a minimum of 5 • feet. Said landscape plans shall show minimum 24-inch box sized trees, shrubs, groundcover and vines to be planted in layers adjacent to block walls facing Sroadway, and a m'snimum of one (1) 24-inch box sized tree in the front yard of each property. All trees shall be properly, professionally, and permanently maintained to ensure mature, healthy growth. 12. That the developer shall submit improvement plans or such other plans approved by the Public Works Department, Development Services Division to improve Broadway and Camellia Street including an ADA curb ramp in conformance with Public Works Standard Detail Nos. 160-A and 111. A parkway and landscaping strip and sidewalk shall be constructed with the parkway irrigation connected to the on-site irrigation system and maintained by the property owner. Additional right-of way dedication shall be provided along Broadway. A bond for the required improvements shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney prior to the issuance of a building permit. A Right of Way Construction Permit shall be obtained form the Development Services Division and all improvements shallbe constructed prior to the issuance of the certificate of occupancy. 13. That prior to final occupancy of Lot No. 1, the developer shall remove the. existing ' driveway approaches and replace with curbs, gutters, parkway landscaping and sidewalks. A right of way construction permit shall be obtained from the Development Services Division and the improvements shall be complete prior to issuance of a certificate of occupancy. Commissioner Eas#man offered a motion, seconded by Commissioner Buffa and MOTION CARRIED (with two Commission vacancies), that the Anaheim Pianning ~ Commission does hereby approve Tentative Parcel Map No. 2004-297 (to estab(ish a 3-lot, 3-unit detached single-family subdivision); and adoption of the findings and conditions attached to the staff report dated January 24, 2005, with the following modifications: Deleted Condition Nos. 6 and 7. Added a condition to read as follows: That a covenant shall be recorded on the property indicating that the existing residential structure shall be demolished prior to final occupancy of the second newly constructed residence on Lot 2. Said covenant shall be reviewed and approved by the City Attorney's office and recorded concurrent with the final map. Modified Condition Nos. 2 and 10 to read as follows: 2. That a maintenance covenant or maintenance agreement shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant or agreement shall include provisions for maintenance of private facilities, including compfiance with the approved Water Quality Management Plan, landscaping ad~acent to the fence along Broadway and a maintenance exhibit. The covenant or agreement shall be recorded concurrently with the final map. 10. That prior to the final map approval, the City of Anaheim sewer connection shall be paid. The fee is currently $309 $350 per acre. • 01-24-05 Page 15 . . . - . ~ ~. . ~~ .. . ~ ~..\. . .. .. . ~ . : . . . . . JANUARY 24, 2005 PLANNING COMMISSION MINUTES ~ VOTE: 5-0 (with two Commission vacancies) Mark Gordon, Deputy City Attorney, presented the 10-day appeal rights ending at 5:00 p.m. on 7hursday, February 3, 2005 for the Tentative Tract Map; and presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, February 15, 2005 for the balance of the items. DISCUSSION TIME: 43 minutes (3:17-4~00) • 01-24-05 Page 16 JANUARY 24, 2005 PLANNING COMMISSIOW MINUTES ~ 6a. CEQA Neuative Declaration Approved 6b. Waiver Of Code Requirement Approved 6c. Conditional Use Permit No. 2004-04947 ' Granted Owner: Don Floriani, Floriani Family Partnership, 900 East Orangefair Lane, Anaheim, CA 92801 Agent: Vincent Baroldi, 900 East Orangefair Lane, Anaheim, CA 92801 Location: 900 East Oranqefair Lane. Property is 0.44-acre, having a frontage of 148 feet on the south side of Orangefair Lane, located 852#eet west of the centerline of Raymond Avenue. Request to construct a bridge crane and establish an outdoor storage yard in conjunction with an existing engineering/contracting business with waiver of minimum number of parking spaces. Conditional Use Permit Resolution No. PC2005-20 sr5200jr.doc Chairman Eastman opened the public hearing. John Ramirez, Associate Planner, introduced Item No. 6. • Applicant's Statement: Donovan Floriani, 512 N. Pine Way, Anaheim, CA, stated they have been unloading items with a forklift; therefore they are proposing to construct a bridge crane for safety reasons and to increase productivity. THE PUBLIC HEARING WAS CLOSED. Commissioner Buffa asked the applicant what the concern is regarding planting two additional trees in the front Mr. Floriani responded that trees are a maintenance item and also a source of cover for someone who wants to break into the building. Therefore, he would like to keep shrubbery and trees to a minimum, but stated if required they will comply. Their existing front yard is beautiful and he brought photographs for Commission to review. Chairman Eastman stated it is a standard condition and is to encourage all business owners to continue to plant more trees and beautify the areas. Mr. Ramirez stated he spoke to the applicant prior to the public hearing and informed him that it is a standard condition and ensured that there is flexibility in terms of the type of trees and location. Commissioner Buffa suggested that Condition No. 5 of the draft resolution be modified to delete the portion pertaining to painting the bridge crane. ~ 01-24-05 Page 17 JANUARY 24, 2005 ' PLANNING COMMISSION MINUTES • • • , • ~ ~ ~ ~ ~ ~ OPPOSITION: None ACTION: Approved CEQA Negative Declaration Approved Waiver of Code Requirement pertaining to minimum number of parking spaces. Granted Conditional UsePermit No. 2004-04947 (to construct a bridge crane and establish an outdoor storage yard in conjunction with an existing ' engineering/contracting business); and adoption of the findings and conditions attached to the staff report dated January 24, 2005. VOTE: 5-0 (with two Commission vacancies) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p:m. on Tuesday, February 15, 2005. DISCUSSION TIME: 14 minutes (4:01-4:15) ~ ~ 01-24-05 Page 18 JANUARY 24, 2005 PLANNiNG COMMISSION MINUTES • The Pfanning Commission requested a workshop be agendized to the March 7, ' 2005 Planning Commission Agenda in order to discuss the issue of schools in the industrial areas. ~ L~ S MEETING ADJOURNED AT 4:22 P.M. TO MONDAY, FEBRUARY 7, 2005 AT 1:00 P.M. FOR PRELIMINARY PLAN REVIEW. '' Respectfully submitted: ~ i~E~ ~~ Elly Morris Senior Secretary Received and approved by the Planning Commission on ~ , 2005.