Loading...
Minutes-PC 2005/03/07~A~ErM ~~ CITY OF ANAHEIM ~ 4 ~' ~~~ • • • o ~ Planning Commission ~ `~ Minutes V ~' , - ~~~~°°° , Mondav, March 7, 2005 e, ,~, ~ Council Chamber, City Hall 4 $~ 200 South Anaheim Boulevard, Anaheim, California ~ND E D 1 CHAIRMAN: GAIL EASTMAN Commissioners Present: KELLY BUFFA, CECILIA FLORES, ED PEREZ DAVID ROMERO, PAT VELASQUEZ, (ONE VACANCY) Commissioners Absent: NONE Staff Present: Mark Gordon, Deputy City Attorney Alfred Yalda, Principal Transportation Planner Greg Hastings, Planning Services Manager James Ling, Associate Civil Engineer Greg McCafferty, Principal P.lanner Judy Dadant, Senior Planner ' Susan Kim, Associate Planner Michele Irwin, Sr. Police Service Representative Della Herrick, Associate Planner John Ramirez, Associate Planner Scott Koehm, Planner Elly Morris, Senior Secretary • Kimberly Wong, Planning Aide , ~ ~ Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 3:00 p.m. on Wednesday, March 2, 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, February 10, 2005 • Call To Order Tour of County Islands in West Anaheim and Preliminary Plan Review 11:00 A.M. • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE MARGH 7, 2005 AGENDA • Recess To Afternoon Public Hearing Session • Reconvene To Pubfic Hearing 2:00 P.M. For record keepinp purposes if vou wish to make a statement reqardin.p anv item on the apenda p/ease complete 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 planninsacommissionC~a.anaheim.net H:\DOCSICLERICAUMI NUTES~,4C030705.DOC MARCH 7, 2005 PLANNING COMMISSION MINUTES • ' Anaheim Planning Commission Agenda - 2:00 P.M. Items Of Public Interest. ' Presentation of a plaque to Jerry O'Connell in acknowledgement of his 1'/Z years of service on the Planning Commission Jerry O'Connell was presented with a plaque and resolution in appreciation of his service to the Anaheim Planning Commission and he thanked the Commission and staff and stated it was a pleasure working on the Planning'Commission; the Commission expressed that Jerry O'Connell would bemissed and they wished him welL 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 ori 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 Perez and MOTION CARRIED (one • Commission vacancy), for approval of Consent Calendar Items 1-A and 1-B and approval of the Planning Commission Minutes from the meeting of February 23, 2005, as recommended by staff. Consent Calendar Items 1-C and 1-D were removed from the Consent Calendar for separate discussion. UNANIMOUSLY APPROVED Reports and Recommendations 1A.(a) CEQA Mitiqated Neaati_v_e Declaration (Previouslv-Approved) Approved (b) Conditional Use Permit No. 2003-04800 Approved retroactive (Tracking No. CUP2005-04965) eztension of time for 1 year (to expire on Agent: Hossein Zandi, Caliber Motors, 5395 East La Palma February 10, 2006) Avenue, Anaheim, CA 92807-0000 Location: (No Address). Property is 5.7 acres located at the Consent Ca~endar Approval northeast terminus of Via Cortez and south of the SR-91 (Riverside Freeway). VOTE: 6-0 ~ i One Commission vacancy Requests a retroactive time extension to comply with conditions of approval for a previously-approved automotive sales dealership with accessory roof-mounted equipment with a structural height greater Sr8863kw.doc than 35 feet. • 03-07-05 Page 2 ) MARCH 7, 2005 PLANNING COMMISSION MINUTES • 1 B. (a) CEQA Cateqorical Exemption - Class 3 Concurred with staff (b) Conditional Use Permit Na 2003-04813 Approved retroactive (Tracking No. CUP2005-04955) extension of time for l year (to expire on Agent: Enrique Alvarez, Alvarez Design Studio, 10927 Downey January 12, 2006) Avenue, Suite D, Downey, CA 90241-0000 Michael Daskalakis, 300 Wilshire Boulevard, Anaheim, CA Consent Calendar Approval 92803 VOTE: 6-0 Location: 2792 West BaII Road: Property is 0.5-acre located at the One Commission vacancy southeast corner of Ball Road and Dale Avenue: Requests a retroactive time extension to comply with conditions of approval for a previously=approved four (4) unit commercial'retail gr8865mn.doc center. • 03-07-05 ' Page 3 MARCH 7, 2005 PLANNING COMMISSION MINUTES ~ r 1 C. (a) CEQA Exemption - Sections 15061(b)(3) General Rule and 15262 Concu red with staff Statutor Exem tion (b) General Plan Amendment No. 2004-00420. Reclassification Na Approved initiation of the 2004-00134, Zoninq Code Amendment Na 2004-00036 and applications and Miscellaneous Case No. 2004-00082 proceedings Agent: City Initiated Location: (No Address). Approximately 820 acres generally MOTION: bounded by Santa Ana River on the east, the Anaheim City Limits on Buffa/Velasquez the south; the Santa Ana Freeway (Interstate 5) on the west and the Southern California Edison Company right-of-way on the north, and vo'rEc 5-1 known as "The Platinum Triangle". ' Commissioner Flores vofed no and one Commission vacancy City of Anaheim Planning Department requests initiation of applications and proceedings as follows: General Plan Amendment No. 2004-00420 -(a) Amend the City of Anaheim Generaf Plan Land Use Element to redesignate a 3.21-acre property located at 2400 East Orangewood Avenue, and known as the "Fire Training Site" from the Office-High to the Mixed-Use land use designation, (b) Provide for an additional 325 dwelling units and up to 210,100 square feet of additional commercial square footage in The , Platinum Triangle Mixed-Use land use designation. Reclassification No. 2004-00134 -(a) Reclassify the Fire Training • Site from the PR (Public Recreational) Zone to the PR (PTMU) (Public Recreation - Platinum Triangle Mixed Use Overlay) Zone. (b) Rescind Resolution No. 2004-180 (a resolution of intent to the O-H (High Intensity Office) Zone in part as it pertains to the Fire Training Site. Zoning Code Amendment No. 2004-00036 and Miscellaneous Case No. 2004-00082 (Amendment to the Platinum Triangle Master Land Use Plan) -(a) Adjust the boundaries of the mixed-use , districts to include the Fire Training Site in the PTMU Overlay Zone Gateway District and add 325 units to said district (321 of said units would be designated for the Fire Training Site). (b) Modify the PTMU Overlay Zone commercial density to add 210,100 square feef of additional commercial square footage. Of this square footage, 190,100 square feet would be designated for future required ground floor commercial uses on Market Street and Gene Autry Way in the , Katella and Gene Autry Districts and 20,000 square feet for other commercial uses in the Katella District. (c) Provide technical , refinements and clarifications to the Master Land Use Plan and Overlay Zone, including, but not limited to refinements to street cross- sections and density description to reflect the above-noted changes sr8860sk.doc and other City Code requirements. (This item was removed from the Consent Calendar for separate discussion.) Susan Kim, Associate Planner, introduced Item No. 1-C. • Commissioner Flores asked if #he request is to expand The Platinum Triangle. 03-07-05 Page 4 : ` MARCH 7, 2005 PLANNING COMMISSION MINUTES • Susan Kim responded no and stated there is a reclassification and a general plan amendment related to the mixed-use designation within The Platinum Triangle, but the overall boundaries of The Platinum Triangle will remain the same. Commissioner Flores asked if the change is because people might come in and put residential or is it just something that would fit into the area in contrast to just leaving it as commerciaL ' Susan Kim referred to the "Fire Training Site" which is owned by the City but it is giving it additional opportunities for development on thafi site. It would continue to have its public recreational zoning but it would have the overlay zone on top of that. It is adjacent to the Stadium District of the mixed-use overlay zone so it is contiguous there but the City wanted to have the opportunityavailable for that site. Commissioner Flores stated she doesn't feel comfortable in expanding the residential use, and that it may be taking away from some of the commercial aspects. Chairman Eastman stated the subject request is only an initiation'process in order for it to'proceed later as apublic hearing item. _ Commissioner Perez asked if there is intent to add any additional parcels. Susan Kim responded at this time the subject parcel is #he only parcel that is being added and getting fhe option of the mixed-use overlay zone:` There has not been any direction to add any other parcels. DISCUSSION TIME: 10 minutes (2:10-2:20) • MARCH 7, 2005 PLANNING COMMISSION MINUTES • 1b.(a) CEQA Exemption - Sections 150611b)(3) General Rule and 15262 Concurred with staff Statutorv Exemption (b) General Plan Amendment Nos. 2005-00423. 2005-00424. 2005- Approved initiation of the 00425 2005-00426. 2005-00427, 2005-00428, 2005-00429 AND applications and 2005-00430 ' Reclassification Nos. 2005-00144; 2005-00145, 2005- proceedings 00146 2005-0014T, 2005-00148, 2005-00149, 2005-00150, 2005- ' 00151 2005-00152, 2005-00153, 2005-00154, 2005-00155. 2005- 00156 2005-00157, 2005-00158, 2005-00159,2005-00160-AND 2005-00161: MOTION: Buffa/Flores , Agent: City Initiated vo'rE: 6-0 One Commission vacancy Location: (No Address). Subject properties (County Islands 4-AN-6, 4-AN-7 and 4-AN-8) are located within an approximately 495-acre unincorporated area of the County of Orange within the City of Anaheim's sphere-of-influence, This area isgenerally bounded by Broadway to the north, Gilbert Street to the west, Katella Avenue to the south and Brookhurst Street to the east and further divided into eighteen (18) areas to correspond with theproposed General Plan Amendment and Reclassification applications. City of Anaheim Planning Department requests initiation of : applications and proceedings as follows: sr8867gk.doc Area Na Acres General Plan Amendment No. and Reclassification No. and Request A rox. Re uest 1 1.2 GPA No. 2005-00423 Corridor RCL No. 2005-00144 County R3 Residential to Medium Density "ApartmenY' District to City RM-4 ' Residential or less intense (Multiple-Family Residential) or less desi nation. intense Zone. 2 2.9 No GPA requested, properties are RCL No. 2005-00145 County C1 currently designated for Corridor "Local Business" District to City GG ResidentiaL (General Commercial) or less intense Zone. 3 109 No GPA requested, properties are RCL No. 2005-00146 County R1 currently designated for Low Density "Single-Family ResidentiaP' District to ResidentiaL City RS-2 (Single Family Residential) Zone. 4 5 No GPA requested, properties are RCL No. 2005-00147 County C1 currently designated for Low Density "Local Business" District to City GG ResidentiaL ~! (General Commercial) or less intense , Zone. 5 1.4 GPA No. 2005-00424 Low Density RCL No. 2005-00148 County Residential to Corridor Residential or CN(C2884) "Commercial less intense designation. Neighborhood" District to City GG (General Commercial) or less intense Zone. 6 0.6 GPA No. 2005-00425 Low Density RCL No. 2005-00149 County C1 Residential to Medium Density "Local Business" District to CityRM-4 Residential or less intense , (M.ultiple-Family Residential) or less desi nation. intense Zone. 7 7 GPA No. 2005-00426 Low Density RCL No. 2005-00150 County R3 Residential to Medium Density "Apartment" District to City RM-4 Residential or iess intense (Multiple-Family Residential) or less designation. intense Zone. U3-U /-Ub Page 6 MARCH 7, 2005 PLANNING COMMISSION MINUTES • ~ ~_J Area Na Acres ' General Plan Amendment Na and Reclassification No. and Request A rox. Re uest ' 8 5.5 GPA No. 2005-00427 Low Density RCL No. 2005-00151 County R2 Residential to Medium Density "Multifamilybwelling" District to City Residential or less intense RM-4 (Multiple-Family Residential) or - desi nation. less'intense Zone. 9 124 No GPA requested, properties are RCL No. 2005-00152 County R1 currently designated for Low Density "Single-Family Residential" District to ResidentiaL City RS-2 (Single Family Residential) Zone. 10 2.1 No GPA requested, properties are RCL No. 2005-00153 County R2 currently designated for Low Density "ApartmenY' District to City RS-2 Residential. Sin le Famil Residential Zone. 11 3.9 No GPA7equested, properties are RCL Na 2005-00154 County RP currently designated for Low Density "Residential Professional" District to ResidentiaL City RS-2 (Single FamilyResidential) ' Zone. 12 54 No GPA requested, properties are RCL No. 2005-00155 County R1 currently designated for Low Density "Single-Family Residential° District to ResidentiaL City RS-2 (Single Family Residential) Zone: 13 26.3 No GPA requested, properties are RCL' No. 2005-00156 County R1 currently designated for Low Density "Single-Family Residential" District to ResidentiaL ~ City RS-2 (Single Family Residential) Zone: 14 2J GPA No. 2005-00428 RCL No. 2005-00157 County R1 Low Density ResidentiaC "Single-Family ResidentiaP' District to City RS-2 (Single Family Residential) Zone. 15 11.3 No GPA requested, properties are RCL No. 2005-00158 County C1(C02- currently designated for Open Space. 014) "Local Business" District to City GG (General Commercial) or less intense Zone. 16 31.6 No GPA requested, properties are RCL No. 2005-00159 County R1 currently designated for Low Density "Single-Family Residential" District to ResidentiaL City RS-2 (Single Family Residential) Zone. 17 30 GPA No. 2005-00429 Low-Medium RCL No. 2005-00160 County R2D Density Residential. "Two-Family Residence" District to City. RM-2 (Multiple Family Residential) or less intense Zone. 18 0.3 GPA No. 2005-00430 Low-Medium RCL Na 2005-00161 County Density Residential or less intense R2(3000)(C3201) "Multifamily designation. Dwelling" District to City RM-2 (Multiple Family Residential) or less intense Zone. (This item was removed from the Consent Calendar for separate discussion.) Scott Koehm, Planner, introduced Item No. 1-D. Chairman Eastman clarified that the subject request is to initiate actions and is not a part of a public • hearing process; the public hearing will take place at a later date. 03-07-05 _ Page:7 MARCH 7, 2005 ' PLANNING COMMISSION MINUTES ~ Commissioner Buffa stated she believes the Commission wants to ensure that they preserve the existing property rights that landowners have but that they don't expand those rights in such a way that a property owner would then have the ability to bring in a higher intensity of use than its currently allowed. She ' asked that staff take that into account and ensure that neighborhoods that allow a certain intensity of development right now are maintained at that intensity of development and no more. DISCUSSION TIME: 2 minutes (2:21-2:23) ~ , i ;i ; ~ • , 03-07-05 page 8 MARCH 7, 2005 PLANNING COMMISSION MINUTES ~ Min _ Receiving and approving the Minutes from the Planning Commission Approved Meeting of February 23, 2005 (Motion) Con§ent Calendar Approval VOTE: 6-0 : One Commission vacancy ,,;~ ' • MARCH 7, 2005 PLANNING COMMISSION MINUTES Pu • blic Hearing Items: 2a. CEQA Neaative Declaration 2b. Reclassification No. 2004-00141 2c. ` Conditionai Use Permit No. 2004-04951 2d. TentativeTract Map No. 16833 Owner: Marci Odon, 3117 West Ball Road, Anaheim; CA 92804 Agent: Walter Bowman, Bonanni Development, 5622 Research Drive, Huntington Beach, CA 92649 Location: 3117. 3121 and 3125 West Ball Road. Property is 1.4 acres, having a frontage of 198 feet on the north side of Ball Road located 741 feet east of the centerline: of Western Avenue. Reclassification No' 2004-00141 - Request reclassification of the property from the T(Transition) zoneto the RM-1 (Residential, Multiple- Family) zone, or less intense zone. Conditional Use Permit No. 2004-04951 - Request to permit a 16-unit ' attached single-family residential subdivision. Tentative Tract Map No. 16833 - To establish a 1-lot 16-unit attached ' single-family airspace subdivision. • Continued from February 7 and 23, 2005, Planning Commission meetings. Continued to Apri14, 2005 Motion• Romero/Velasquez Vote: 6-0 One Commission vacancy Reclassification Resolution No. Conditional Use Permit Resolution Na sr8860av.doc OPPOSITION: None ,, i. DISCUSSION TIME: This item was not discussed. r 03-07-05 Page 10 MARCH 7, 2005 PLANNING COMMISSION MINUTES • 3a. CEQA Mitiqated Neqative Declaration (Previousty-Approved) Flores/[tomero Approved 3b. Variance Na 2005-04642 F~ores Granted Owner: "Frankie Flores, Mantra, LLC, 620 Newport Center Drive, Suite 1400, Newport Beach,'CA 92660 , • Modified Condition Agent: Wayne Heim, Trendwest Resorts, 9805 Willow Road Nos.12 ana 53 ' Redmond, WA 98052 Added a condition of approval regarding the ' Location: 201 West Katella Avenue. Property is approximately 2.24 utility access route. acres, located at the northwest corner of Katella Avenue and Zeyn Street VOTE: 6-0 Variance Na 2005-04642 - Request waiver of: maximum number of curb openings one Commission vacancy per street frontage to construct a 14-story, 275-unit timeshare resort within the Hotel Circle Specific Plan. Sr1179jd.doc Variance Resolution No. PC2005-33 . Chairman Eastman opened the pubfic hearing. Judy Dadant, Senior Planner, introduced Item No.3 and read into the record modifications to Condition. Nos. 12 and 53 in the draft resolution including the addition of a condition of approval pertaining'to the utility access route. • Chairman Eastman referred to the elevation of the parkipg structure and asked the applicant if he agrees with the recommended modifications made by staff and tlie Commission. Applicant's Statement: Wayne Helm, Trendwest Resorts, 9805 Willow Road, Redmond, WA 98052, responded he believes it is a good idea in order to soften the look and he is confident that staff and their architectural group would come up with some good solutions. THE PUBLIC HEARING WAS CLOSED. Commissioner Romero asked the applicant to explain the timeshare process. Mr. Helm responded the resort group represents two brands, one is Trendwest and the other is Fairfield and together they represent the largest timeshare group in the world. He referred to the sutiject Trendwest product and stated they will have some on-site sales, but most of the sales will occur at an off- site location, as they have over 40 sales offices up and down the west coast. They are not selling a deeded interest in any particular unit within the subject resort; they are selling memberships to a club where people have access to all of their 56 resorts under the Trendwest brand. Commissioner Perez expressed his support of the design and asked how many models they have that mirror the subject design. Mr. Helm responded the design is totally unique and it was built for the subject location and the nature of the resort experience that they are trying to provide and it doesn't resemble any of their other locations. ~ ~ i ' 03-07-05 Page 11 MARCH 7, 2005. PLANNING COMMISSION MINUTES ' ~ _ OPPOSITION: None _ Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, March 29, 2005. DISCUSSION TIME: '13 Minutes (2:24-2:37) ~ MARCH7, 2005 PLANNING COMMISSION MINUTES • 4a. CEQA Negative Declaration Perez/Burfa Approved 4b. Conditional Use Permit No. 2005-04957 Perez Granted 4c. Determination Of Public Convenience Or Necessitv Perez Approved No. 2005-00018 (The beer and wine portion Owner: Helen J: Baker Trust, PO Box 1884, Glendale, CA 91209 , of the request shall expire on March 7, 2007) _ Agent: - Robert Fiscus, 7-Eleven, 2401 East Katella Avenue, Anaheim, CA 92806 'cuP Modified Condition Location: 3010 West Lincoln Avenue. . Property is approximately ' Nos. 1, 8 and 20 1.55-acres, located at the southwest corner of Lincoln Avenue and Beach Boulevard (7-Eleven). Added a condition of approval Conditional Use Permit No. 2005-04957 - Request to establish a convenience market with the retail sales of beer and wine for off-premises consumption in conjunction with a commercial retail center. PCN Modified Condition Determination of Public Convenience or Necessity No. 2005-00018 - Nos. 1 and 8 Determination of Public Convenience or Necessity to permit sales of beer and Added a condition of wine for off-premises consumption within a proposed convenience market. approval Conditional Use Permit Resolution No. PC2005-34 ' VOTE: 6-0 Determination of Public Convenience or Necessity Resolution One Commission vacancy No. PC2005-35 sr8864kw.doc • Chairman Eastman opened the public hearing. Kimberly Wong, Planning Ai`de, introduced Item No. 4. ApplicanYs Statement: Ira Handelman, Community and Government Relations Consultant for 7-Eleven Corporation, 20528 Vista Del Oro Place, Woodland Hills, CA, stated they have reviewed and do agree with all the conditions of approval and stated they will work closely with the Anaheim Police Department and will work with them to install extra cameras on the outside of the store as part of their security system. Bob Fiscus, 7-Eleven, 2401 E. Katella Avenue, #400, Anaheim, CA, stated they had a meeting with the West Anaheim Neighborhood Development Council (WAND) and they had some good suggestions to make it a better and safer location. He referred to the landscaping condition of approval and asked for some clarification. Chairman Eastman suggested providing potted plants. Mr. Fiscus was in agreement with potted plants; and he asked for a two-year approval for the beer and wine portion of the permit. Wayne Fisher, 5722 N. Valerie Way, San Bernardino, CA, stated he is the market manager and gave information pertaining to safety issues, customer service, computer training for age-restricted products and surveillance cameras. ' • _ 03-07-05 Page 13 MARCH 7, 2005 ' PLANNING COMMISSION MINUTES • Pubiic Testimony: Esther Wallace, 604 Scott Lane, Anaheim, CA, stated she is representing the West Anaheim Neighborhood Development Council (WANDJ. They have met with 7-Eleven and she expressed concem ' with adding another liquor license but feels that 7-Eleven is #he best company if they are going to have a : store at the subject location. She suggested'cameras and lighting in the back of the facility and asked that all the police department's recommendations be added to the staff report. Jack Cushing, 700 Concord, Glendale, CA, stated he is the property manager and part owner of the shopping`center. They purchased the shopping center about 7 years ago and the shopping center and area was a mess. It is a hard struggle to keep good tenants and a good operation; and feels the 7-Eleven store would be an asset for the subject location and the community. THE PUBLIC HEARING WAS CLOSED. Commissioner Velasquez expressed her support of the project and of the recommendations by staff and police regarding extra cameras and lighting; and agrees with extending the one (1) year time limit Michele Irwin, 8enior Police Service Representative, stated she has met with the applicants before the meeting and they seem very supportive and she feels' it is going to be a good partnership: Greg McCafferty, Principal Planner, read into the record modifications to the conditions of approval for the Conditional Use Permit and Pub{ic Convenience or Necessity draft resolutions regarding the lighting, ' landscaping and the time limitation; andreadlinto the record an added condition of approval regarding a security plan. ' ~ ~ IN GENERAL: A person representing the West Anaheim Neighborhood Development (WAND) Council spoke in favor but relayed some concerns. Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, March 29, 2005. DISCUSSION TIME: 29 minutes (2:38-3:07) MARCH 7,'2005 PLANNING COMMISSION MINUTES • ' 5a. CEQA Neqative Declaration (Previously-Approved) velasquez/Eastman Approved 5b. ` Conditional Use Permit No. 2001-04382 Velasquez Approved reinstatement (Tracking No. CUP2005-04958) with deletion of time limitation Owner: Lynne Appel, Southern California Alcohol and Drug Program, lnc., 11500 Paramont Boulevard, Downey, CA ` 90241-0000 VOTE: 6-0 Location: 405 South Rose Street. Property is approximately 0.27- one Commission vacancy acre, having a'frontage of 75 feet on the west side of Rose Street and is Iocated 310 feet north of the centerline of Santa Ana Street. , Request for reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on July 02, 2001 to expire July 02; 2004) to retain a transitional living facility within an existing apartment complex for recovering substance abuse mothers and their ' dependent children. Conditional Use Permit Resolution No. PC2005-36 ' Sr8861dh.doc Chairman Eastman opened the public hearing. Della Herrick, Associate Planner, introduced Item No. 5. ~ ApplicanYs Statement: Ken Schmaling, 11500 Paramount Boulevard, Downey, CA, stated he is the Director of the Certification and Licensing for Southern California Alcohol and Drug Programs, Inc., and is present in place of Lynne Appel, Executive Director. Sue Marnares, 405 S. Rose Street, Anaheim, stated she is the director of the subject facility and informed that their program has been very successful. THE PUBLIC HEARING WAS CLOSED. Chairman Eastman expressed her support of the request. Commissioner Flores stated she visited the site and the area was very well maintained. She suggested that the wooden fence and security doors be repaired. OPPOSITION: None Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, March 29, 2005. ~ DISCUSSION TfME: 5 minutes (3:08-3:13) ' 03-07-05 ' Page 15 MARCH 7, 2005 PLANNING COMMlSS10N MINUTES • 6a. CEQA Neqative Declaration (Previouslv-Approved) Romero/Flores Approved 6b. Conditionai Use Permit Na 2005-04956 Romero Granted, in part Owner: Jerome R. Bown; 3703 East Melville Way, Anaheim, CA (The telecommunication 92806 facility is approved for .' 5 years, to expire on Agent: Ed Gala, Nextel, 310 Commerce Drive, Irvine, CA 92602 March 7, 2010) Location: 3703 East Melville Wa~r. Property is approximately 0.79- Added a condrtion or acre, having a frontage of 63 feet on the north side of approva~ regarding code Melville Way and is located 269 feet west of the centerline ' enrorcement inspections. of Tustin Avenue Request to permit and retain an existing telecommunications facility (previously- voTE: 6-0 approved and expired) in conjunction with an existing industrial building and to one Commission vacancy permit the expansion of the accessory equipment area. Conditional UsePermit ResolutionNo. PC2005-37 sr8853jn.doc Chairman Eastman opened the public hearing. ' John Ramirez, qssociate Planner, introduced Item No. 6 and read into the record an added condition of approval regarding code enforcement inspections. Applicant's Statement: ' • Ed Gala, Nextel Communications, 310 Commerce Drive, Irvine, CA, stated Nextel is completing a maintenance and upgrade program throughout the nation and are replacing their smaller obsolete equipment shelters with a newer and slightly larger version, and they have changed their equipment layout. He referred to the staff report, paragraph 10 of page 3, and clarified that the coverage remains the same and it is to increase the capacity to service the surrounding community. He referred to Condition No. 1 of the draft resolution and suggested either increasing the time limitation or deleting the time limit. THE PUBLIC HEARING WAS CLOSED. Greg McCafferty, Principal Planner, clarified the number of code enforcement inspections and he referred to the five (5) year time limitation and stated they have indicated in the staff report the reasons for that limitation. They do have a notification system for reinstatements and the City sends out a courtesy letter to the applicant notifying them that their permit is about to expire and that they need to come in and reinstate it. However, he is unaware in this circumstance if there was a miscommunication but that is the standard procedure that is in place and he recommended that the five (5) year limitation remain. Commissioner Velasquez stated she is disappointed that Nextel Communications failed to comply with the requirements of the previous approval. She is in support with staff's recommendation regarding : quarterly code enforcement inspections for the first year; and stated she supports a five (5) year limitation. Commissioner Perez asked the applicant the reasons why the call quality is weak. ~ . Mr. Gala responded it is more of a capacity issue and the site is now blocking which means there are too many use'rs in the vicinity. There are more users than the site could handle, therefore, as a person is talking on the cell phone and as they dnve further away the'signal gets weaker. "fhe site drops the 03-07-05 page 16 MARCH 7, 2005 PLANNING COMMISSION MINUTES weaker signals and picks up the stronger ones nearby. Therefore, the goal of the subject project is to • alleviate that problem. Commissioner Perez asked who owns the tower because in the telecommunications industrythere are a lot of changes in ownership. Mr. Gala stated hebelieves Nextel stiU owns the subject tower, but in the telecommunications industry people come and go quite rapidly. Nextel virtually has no employees and they only have managers that are employed and every other person is a consultant.' Often times consulting firms are just contracted for a year or two and they move on, therefore'there is no real continuity from year to year. Commissioner Perez stated to staffthat is the reason why sometimes the conditions are lost because.it's outsourced to another agency. He informed the applicant that the Commission is'asking that the area be maintained. Mr. Gala concurred. Further discussion took place amongst the Commission, staff and the applicant regarding compliance of the conditions of approval and the number of code enforcement inspections. : OPPOSITION: None Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, ~ March 29, 2005. DISCUSSION TIME: 25 minutes (3:14-3:39) ~ MARCH 7, 2005 ' PLANNING COMMISSION MINUTES ~ _ ' Respectfully submitted: - ~ ~~ ~~~~ Elly Morris Senior Secretary Received and approved by the Planning Commission on ,~,,~ r ~~ a ~ , 2005.