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Minutes-PC 2005/04/18 (4)Monday. ~4pril 18, 2005 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRMAN: GAIL EASTMAN Commissioners Present: KELLY BUFFA, CECILIA FLORES, ED PEREZ PAT VELASOUEZ, (TWO VACANCIES) Commissioners Absent: NONE Staff Present: Mark Gordon, Deputy City Attorney Greg Hastings, Planning Services Manager Greg McCafferty, Principal Planner Linda Johnson, Principal Planner Della Herrick, Associate Planner Scott Koehm, Planner Alfred Yalda, Principal Transportation Planner James Ling, Associate Civil Engineer Ted White, Associate Planner Amy Vazquez, Associate Planner Jahn Ramirez, Associate Planner Elly Morris, Senior Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 2:00 p.m. on Thursday, April 14, 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, March 24, 2005 • Call To Order Preliminary Plan Review 4:30 P.M. STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) PRELIMINARY PLAN REVIEW FOR ITEMS ON THE APRIL 18, 2005 AGENDA • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 6:00 P.M. • Pledge Of Allegiance: Commissioner Flores • Public Comments • Consent Calendar • Public Hearing Items • Adjournment You may leave a message far the Planning Commission using the following e-mail address: planninncommission(~anahefm.net H:\TOOLS\PCADM I N\PCMI N IACT\2005MI N UTES\MN04'1805. DOC April 18, 2005 PLANNING COMMISSION MINI ACTION AGENDA Anaheim Planning Commission Agenda - 6:00 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 Buffa offered a motion, seconded by Commissioner Flores .and MOTION CARRIED (Commissioner Velasquez abstained and with two Commission vacancies), for approval of Consent Calendar Item 1-B as recommended by staff. Consent Calendar Item 1-A was removed from the Consent Calendar for separate discussion. UNANIMOUSLY APPROVED Reports and Recommendations 1A.(a) CEQA Negative Declaration (Previously-Approved) veiasquez/Perez (b) Conditional Use Permit No. 2004-04938 Velasquez/Flores (Tracking No. CUP2005-04970) Agent: Tim Saivar, TW Layman Associates, 16633 Ventura Boulevard, #1320, Encino, CA 91436 Location: 420 South State College Boulevard. Requests approval of final elevation plans for apreviously-approved 4- unit commercial center. (This item was removed from the Consent Calendar for separate discussion.) Approved Denied the request for approval of final elevation plans VOTE: 5-0 Two Commission vacancies Sr0870dh.doc Commissioner Flores, addressed the previous discussion regarding the window visibility and what alternative materials were being considered. Della Herrick, Associate Planner, stated khat mini blinds were being considered to eliminate some of the window visibility. After viewing various storage facilities, staff is interested in considering smaller windows where storage would be visible from the public view. Greg McCafferty, Principal Planner, concurred with Mrs. Herrick. DISCUSSION: 15 minutes {6:23-6:38) 04-18-05 Page 2 April 18, 2005 PLANNING COMMISSION MINI ACTION AGENDA Minutes 18. Receiving and approving the Minutes from the Planning Commission Meeting of April 4, 2005 (Motion) Approved Consent Calendar Approval VOTE: 4-0 Commissioner Velasquez abstained since she was absent for [he meeting, and with [wo Commission vacancies 04-18-05 Page 3 April 18, 2005 PLANNING COMMISSION MINI ACTION AGENDA Public Hearing Items: 2a. CEQA Mitigated Negative Declaration and Perez Recommended City Council Mitigation Monitoring Program NO. 133 approval, with modifications to MMP No. 133 2b. General Plan Amendment Nos. GPA 2005-00423, Perez Recommended City , GPA 2005-00424 GPA 2005-00425 GPA 2005-00426 Council approval GPA 2005-00427 G'PA 2005-00428 GPA 2005-00429 AND GPA 2005-00430 2c. Reclassification Nos. RCL 2005-00144 RCL 2005-00145 Perez Recommended City RCL 2005-00146 RCL 2005-00147 RCL 2005-00148 Council approval RCL 2005-00149 RCL 2005-00150. RCL 2005-00151 RCL 2005-00152 RCL 2005-00153 RCL 2005-00154 RCL 2005-00155 RCL 2005-00156 RCL 2005-00157 RCL 2005-00158 RCL 2005-00159 RCL 2005-00160 AND RCL 2005-00161 2b, Request For City Council Review Of Item No. 2C PerezNelasquez Recommended City Council Review of Item Agent: City of Anaheim, Planning Department, 200 South No. 2c Anaheim Boulevard, Suite 162, Anaheim, CA 92805 Location: Property is approximately 495 acres and is generally , MMP No. t33 bounded by Broadway to the north, Gilbert Street to the west, Katella : Modified Mitigation Measure Avenue to the south, and Brookhurst Street to the east and is located No. 5.6-3 on Page 3, within an unincorporated area of the County of Orange within the City of pertaining to a request by the Anaheim's sphere-of-influence, and is further described as County State Department of Toxic Islands 4-AN-6, 4-AN-7 and 4-AN-8. Figure 1 depicts the boundaries of Substances Control. the three County Islands. Figures 2 through 5 depict the approximate 495-acres further divided into eighteen (18) areas to correspond with the proposed General Plan Amendment and Reclassification VOTE: 5-0 applications. Two Commission vacancies City-initiated request to set forth City of Anaheim General Plan land use designations and zone classifications for properties located within unincorporated County Islands 4-AN-6, 4-AN-7, and 4-AN-8 in the City of Anaheim's sphere-of-influence. This request is associated with a proposed annexation of the County Islands into the City of Anaheim. The proposed General Plan Amendments would amend the City of Anaheim General Plan. The Reclassifications would serve as "pre-zoning" for the subject properties. General Plan Amendment No. 2005.00423 -Request to redesignate Area No. 1 (approximately 1.2 acres adjacent to the south side of Broadway and 225 feet west of the centerline of Brookhurst Street) from the Corridor Residential (up to 13 dwelling units per acre [du/ac}) to the Medium Density Residential (up to 36 du/ac) or less intense designation. General Plan Amendment No. 2005-00424 - Request to redesignate Area No. 5 (approximately 1.4 acres at the northeast corner of Gilbert Street and Ball Road) from the Low Density Residential (up to 6.5 du/ac) to the Corridor Residential (up to 13 dulac) or less intense designation. General Plan Amendment No. 2005-00425 -Request to redesignate Area No. 6 (approximately 0.6 acres at the southeast corner of Gilbert Street and Ball Road) from the Low Density Residential (up to 6.5 du/ac) to the Medium Density Residential (up to 36 du/ac) or less intense designation. General Plan Amendment No. 2005-00426 -Request to redesignate Area 04-18-05 Page 4 April 18, 2005 PLANNING COMMISSION MINI ACTION AGENDA No. 7 (approximately 7 acres adjacent to the south side of Ball Road and 177 feet east of the centerline of Gilbert Street) from the Low Density Residential (up to 6.5 dulac) to the Medium Density Residential (up to 36 du/ac) or less intense designation. General Pian Amendment No. 2005-00427 -Request to redesignate Area No. 8 (approximately 5.5 acres adjacent to the east side of Gilbert Street, 276 feet south of the centerline of Ball Road) from the Low Density Residential (up to 6.5 dulac) to the Medium Density Residential (up to 36 du/ac) or less intense designation. General Plan Amendment No. 2005-00428 -Request to designate Area No. 14 (approximately 2.7 acres generally bounded by Pacific Avenue to the north, 122 feet to the centerline of Magnolia Avenue to the west, the Southern California Edison easement to the south and 1,324 feet to the centerline of Gilbert Street to the east) to the Low Density Residential (up to 6.5 du/ac) designation. General Plan Amendment No. 2005-00429 -Request to designate Area No. 17 (approximately 30 acres generally bounded by Pacific Place to the north, Gilbert Street to the east, Katella Avenue to the south and 156 feet to the centerline of Markev Street to the west) to the Low-Medium Density Residential (up to 18 dulac) or less intense designation. General Plan Amendment No. 2005-00430 -Request to designate Area No. 18 (approximately 0.3 acre at the northwest corner of Katella Avenue and Berry Avenue) to the Low-Medium Density Residential (up to 18 du/ac) or less intense designation. Reclassification No. 2005-00144 -Request to reclassify Area No. 1 (approximately 1.2 acres adjacent to the south side of Broadway and 225 feet west of the centerline of Brookhurst Street) from County R-3 "Apartment District to City RM-4 (Multiple-Family Residential) or less intense Zone. Reclassification No. 2005-00145 -Request to reclassify Area No. 2 (approximately 2.9 acres at the southwest corner of Broadway and Brookhurst Street) from County C1 "Local Business" District to City C-G (General Commercial) or less intense Zone. Reclassification No. 2005-00146 -Request to reclassify Area No. 3 (approximately 109 acres generally bounded by Broadway to the north, Gilbert Street to the west, Ball Road to the south and 181 feet west of the centerline of Brookhurst Street) from County R1 "Single-Family Residential" District to City RS-2 (Single Family Residential) Zone. Reclassification No. 2005-00147 -Request to reclassify Area No. 4 (approximately 5 acres at the northwest and southwest corners of Stonybrook Drive and Brookhurst Street) from County C1 "Local Business" District to City C-G (General Commercial) or less intense Zone. Reclassification No. 2005-00148 -Request to reclassify Area No. 5 (approximately 1.4 acres at the northeast corner of Gilbert Street and Ball Road) from County CN(C2884) "Commercial Neighborhood" District to CityC- G (General Commercial) or less intense Zone. Reclassification No. 2005-00149 -Request to reclassify Area No. 6 (approximately 0.6 acres at the southeast corner of Gilbert Street and Ball Road) from County C1 "Local Business" District to City RM-4 (Multiple-Family Residential) or less intense Zone. Reclassification No. 2005-00150 -Request to reclassify Area No. 7 (approximately 7 acres adjacent to the south side of Ball Road and 177 feet east of the centerline of Gilbert Street) from County R3 "Apartment" District to City RM-4 (Multiple-Family Residential) or less intense Zone. Reclassification No. 2005-00151 -Request to reclassify Area No. 8 (approximately 5.5 acres adjacent to the east side of Gilbert Street, 276 feet south of the centerline of Ball Road) from County R2 "Multifamily Dwelling" 04-18-05 Page 5 April 18, 2005 PLANNING COMMISSION MINI ACTION AGENDA District to City RM-4 (Multiple-Family Residential) or less intense Zone. Reclassification No. 2005.00152 -Request to reclassify Area No. 9 (approximately 124 acres generally bounded by Ball Road to the north, Gilbert Street to the west, Cerritos Avenue to the south and Brookhurst Street to the east) from County R1 "Single-Family Residential" District to Gity RS-2 (Single Family Residential) Zone. Reclassification No. 2005-00153 -Request to reclassify Area No. 10 (approximately 2.1 acres at the northeast corner of Gilbert Street and Cerritos Avenue) from County R2 "Apartment" District to City RS-2 (Single Family Residential) Zone. Reclassification No. 2005.00154 -Request to reclassify Area No. 11 (approximately 3.9 acres adjacent to the west side of Brookhurst Street including properties 521 feet north of the centerline of Cerritos Avenue and properties 1,103 feet south of the centerline of Cerritos Avenue) from County RP "Residential Professional" District to City RS-2 (Single Family Residential) Zone. Reclassification No. 2005-00155 -Request to reclassify Area No. 12 (approximately 54 acres generally bounded by Cerritos Avenue to the north, Gilbert Street to the west, the Southern California Edison easement to the south and 185 feet west of the centerline of Brookhurst Street) from County R1 "Single-Family Residential" District to City RS-2 (Single Family Residential) Zone. Reclassification No. 2005.00156 -Request to reclassify Area No. 13 (approximately 26.3 acres generally bounded by Cerritos Avenue to the north, 1,155 feet to the centerline of Magnolia Avenue to the west, the Southern California Edison easement to the south and Gilbert Street to the east) from County Ri "Single-Family Residential" District to City RS-2 (Single Family Residential) Zone. Reclassification No. 2005-00157 -Request to reclassify Area No. 14 (approximately 2.7 acres generally bounded by Pacific Avenue to the north, 122 feet to the centerline of Magnolia Avenue to the west, the Southern California Edison easement to the south and 1,324 feet to the centerline of Gilbert Street to the east) from County R1 "Single-Family Residential" District to City RS-2 (Single Family Residential) Zone. Reclassification No. 2005-00158 -Request to reclassify Area No. 15 (approximately 11.3 acres generally located 150 feet south of the centerline of Pacific Avenue, Gilbert Street to the west, the Southern Pacific Railroad to the south and Brookhurst Street to the east) from County C1(C02-014) "Local Business" District to City C-G (General Commercial) or less intense Zone. Reclassification No. 2005-00159 -Request tp reclassify Area No. 16 (approximately 31.6 acres generally bounded by the Southern Pacific Railroad to the north, Gilbert Street to the west, Katella Avenue to the south and 1,321 feet to the centerline of Brookhurst Street to the east) from County R1 "Single-Family Residential" District to City RS-2 (Single Family Residential) Zone. Reclassification No. 2005-00160 -Request to reclassify Area No. 17 (approximately 30 acres generally bounded by Pacific Place to the north., Gilbert Street to the east, Katella Avenue to the south and 156 feet to the centerline of Markev Street to the west) from County R2D "Two-Family Residence" District to City RM-2 (Multiple-Family Residential) or less intense Zone. Reclassification No. 2005-00161 -Request to :reclassify Area No. 18 (approximately 0.3 acre at the northwest corner of Katella Avenue and Berry Avenue) from County R2(3000)(C3201) "Multifamily Dwelling" District to City RM-2 (Multiple-Family Residential) or less intense Zone. 04-18-05 Page 6 April 18, 2005 PLANNING COMMISSION MINI ACTION AGENDA General Plan Amendment No. 2005-00423 Resolution No. PC2005-43 General Plan Amendment No. 2005-00424 Resolution No. PC2005-44 General Plan Amendment No. 2005-p0425 Resolution No. PC2005-45 General Plan Amendment No. 2005-00426 Resolution No. PC2005-46 General Plan Amendment No. 2005-00427 Resolution No. PC2005-47 General Plan Amendment No. 2005-00428 Resolution No. PC2005-48 General Plan Amendment No. 2005-00429 Resolution No. PC2005-49 General Plan Amendment No. 2005-00430 Resolution No. PC2005-50 Reclassification No. 2005-00144 Resolution No. PC2005-51 Reclassification No. 2005-00145 Resolution No. PC2005-52 Reclassification No. 2005-00146 Resolution No. PC2005-53 Reclassification No. 2005-00147 Resolution No. PC2005-54 Reclassification No. 2005-00148 Resolution No. PC2005-55 Reclassification No. 2005-00149 Resolution No. PC2005-56 Reclassification No. 2005-00150 Resolution No. PC2005-57 Reclassification No. 2005-00151 Resolution No. PC2005-58 Reclassification No. 2005-00152 Resolution No. PC2005-59 Reclassification No. 2005-00153 Resolution No. PC2005-60 Reclassification No. 2005-00154 Resolution No. PC2005-61 Reclassification No. 2005-00155 Resolution No. PC2005-62 Reclassification No. 2005-00156 Resolution No. PC2005.63 Reclassification No. 2005-00157 Resolution No. PC2005.64 Reclassification No. 2005-00158 Resolution No. PC2005-65 Reclassification No. 2005-00159 Resolution No. PC2005.66 Reclassification No. 2005-00160 Resolution No. PC2005-67 Reclassification No. 2005-00161 Resolution No. PC2005-68 Sr4000gk.doc IN SUPPORT: A person spoke in favor of the subject request. OPPOSITION: 3 people spoke in opposition to the subject request. A letter was received, at today's meeting, with concerns/suggestions to the subject request. IN GENERAL: 2 people spoke with concernslquestions regarding the subject request. A letter was received, prior to the meeting, from the State of California, Department of Toxic Substances Control Chairman Eastman opened the public hearing. Scott Koehm, Planner, introduced Item No. 2, referencing to it as the Garza Annexation. Public Testimony: Wally Courtney, Paul Kott Realtors, 1225 W. Lincoln Avenue, Anaheim, CA, stated he was speaking on behalf of any on-going projects and expressed his appreciation to staff for allowing an on-going project to continue with the current County zoning. He also iterated his support for this item. Charles Smith, 3749 Roxanne Avenue, Long Beach, CA, stated he owns property at 10361 Brookhurst Street in Anaheim. He is concerned about zoning of the property. Chairman Eastman verified with staff, what parcel was being discussed. 04-18-05 Page 7 April 18, 2005 PLANNING COMMISSION MINI ACTION AGENDA Staff confirmed that Area No. 9 is the property being discussed. Mr. Koehm stated it is currently zoned R-1 with the County district with the intent to rezone the area to the RS-2 zoning designation. Chairman Eastman and Commissioner Velasquez discussed development standards and compatibility with the various zones proposed and existing. Mr. Koehm further explained the zoning compatibilities and variables between the County of Orange and City of Anaheim. Joanne Frankel, 1311 S. Brookhurst Street, Anaheim, CA, owns properties within the Annexation areas and would like to see it rezoned to commercial to be more compatible the current zoning. Linda Johnson, Principal Planner concurred and stated that existing entitlements would carry over. Donald Calderwood, 9951 Yardley Street, Anaheim, CA, he expressed concerns and opposition to the annexation pertaining to Area Nos. 5 and 7. Cedric Troncoso, 7251 Owensnorth Avenue, Orange Park, CA, an attorney representing the owner of the property at 9731 Ball Road, Anaheim, CA. He stated there are six (6) single-family residences that actually face Ball Road and he would like to see the Planning Commission leave those residences zoned single-family residences. Chairman Eastman asked staff to address the issue. Mr. Koehm verified the properties Mr. Troncoso is referring to. Mrs. Johnson explained the purpose of the reclassifications in these various areas including Mr. Troncoso's property and the other properties being considered in the annexation. Mr. Troncoso asked if staff is suggesting to proceed in that regard after the proposed annexation is complete. Chairman Eastman asked staff to address the issue. Mrs. Johnson took the lead in responding to Mr. Troncoso's question Chairman Eastman asked Mr. Troncoso if that satisfies his questions; Mr. Troncoso responded yes. Burt Sullivan, 10631 Brookhurst Street, Anaheim, CA, stated some concerns with the proposal and interpretation of the existing land uses in his area. An further stated his opposition. Chairman Eastman asked staff to address the issue. Mrs. Johnson further explained that the compatibility with what exist and what is being proposed remains in sync. Chairman Eastman responded they will take that into consideration. Commissioner Buffo asked if the City of Anaheim has a residential professional zone. Mrs. Johnson responded it is an office low zone designation that would allow a residential house to be converted to an office use with a conditional use permit.. Commissioner Buffo asked staff why they did not designate that area office low. 04-13-05 Page ti April 18, 2005 PLANNING COMMISSION MINI ACTION AGENDA Mrs. Johnson explained that staff took a look at the existing land uses and did not see any single-family homes along that segment that had been converted to a commercial use and the general plan designation for the area is low density. THE PUBLIC HEARING WAS CLOSED. Commissioner Buffa and Commissioner Eastman discussed the need to establish the most comparable category with what may already exist to allow property owners a chose in the use of their parcels. Mrs. Johnson stated that with certain zones it may not necessitate a general plan change, as in cases going from like-zone to like-zone; however it may necessitate the :project being readvertised if it intensifies the use for that zone. She offered an option to move forward with stairs recommendation, yet direct staff to come back to review specific areas of interest and schedule it for another public hearing which could be taking place while the LAFCO annexation application is underway. Commissioner Velasquez concurred with Commissioner Buffa and expressed her support in preserving the rights of the property owners as :much as possible. Commissioner Perez stated he concurred with staff and suggested that they move forward with the item but revisit specific areas of concern. Commissioner Flores asked if there is a variance on the property if it would automatically carry over. Mrs. Johnson confirmed that if the area is annexed to the City of Anaheim, the variance and the records would carry over to the City of Anaheim, but if the Commission desired to take a look at the land use and the zoning to change it to commercial zone then the Commission could request that of staff. Commissioner Velasquez stated her concerns regarding some of the commercial properties that would become legal nonconforming. She asked if there were provisions made to rebuild a structure that maybe destroyed by unforeseen disasters. ADDITIONAL ACTION TAKEN: Commissioner Buffa offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (with two Commission vacancies), that the Anaheim Planning Commission does hereby direct staff to process a reclassification of Area No. 11 (RCL 2005-00154) to the Low Intensity Office Zone (O-L) and process a Code Amendment to allow nonconforming structures within the annexation area to be rebuilt in the event of 100% destruction of the building. Mark Gordon, Deputy City Attorney, stated this item is set for a public hearing before the City Council on Tuesday, April 26, 2005. DISCUSSION TIME: 56 minutes (6:39-7:35) 04-18-05 Page 9 April 18, 2005 PLANNING COMMISSION MINI ACTION AGENDA 3a. CEQA Environmental Impact Report No. 329 Bufta Recommended City and Mitigation Monitoring Plan No. 132 Council approval, with modifications to MMP No. 132 - 3b. General Plan Amendment No. 2004-00416 Buffa Recommended adoption or Exhibit "A", "B" and "C" to City Council 3c. Reclassification No. 2004-00114 Butfa Granted 3d. Variance No. 2004-04597 Bu(fa Granted 3e. Tentative Tract Map No. 16440 Buffa/Eastman Approved 3f. Request For City Council Review Of Item 3d. Butta/Perez Wi[hdrawn and 3e. Owner: Stonegate Development, LLC, 27071 Cabot Road, Suite 106, 'Laguna Hills, CA 92653 , MMP No. 132 Modified Mitigation Location: (No address): Pro ert is a roximatel 32.3 acres, P Y PP Y Measure TG2 on Page 8. located approximately 1,400 feet south of the intersection of Santa Ana Canyon Road and Deer Canyon Road (an existing maintenance road) between Festival Drive to the TTM east and Eucalyptus Drive to the west. Modified Condition Nos. 5 and 7 General Plan Amendment No. 2004-00416 -Request (a) to amend the Land Use Element of the General Plan from the Estate Density Residential designation to the Low Density Residential designation, (b) to amend the Land VOTE: 5-0 Use Element and the Green Element of the General Plan to reconfigure the Two Commission vacancies Open Space designation on the subject property and (c) to amend the Green Element of the General Plan to realign the north-south regional trail. Reclassification No. 2004-00114 -Request reclassification of the property from the T (SC) (Transition; Scenic Corridor Overlay) zone to the RS-2 (SC) (Residential, Single-Family; Scenic Corridor Overlay) and the OS (SC)(Open Space; Scenic Corridor Overlay) zone, or a less intense zone. Variance No. 2004-04597 -Request waiver of minimum front yard setback for Lot No. 13 of Tentative Tract Map No. 16440. Tentative Tract Map No: 16440 -Request to establish a 39-fot, 35-unit detached single-family subdivision. Environmental Impact Report Resolution No. PC2005-69 General Pian Amendment Resolution No. PC2005-70 Reclassification Resolution No. PC2005-71 Variance Resolution No. PC2005-72 Sr88t30av.doc OPPOSITION: 7 people spoke in opposition, and 2 additional people filled out speaker cards in opposition to the request. 04-18-05 Page 10 April 18, 2005 PLANNING COflItMISSION MINI ACTION AGENDA IN GENERAL: 2 e-mails were received with suggestions pertaining to the design of the project Chairman Eastman opened the public hearing. Amy Vazquez, Associate Planner, introduced Item No. 3. She referred to the tentative tract map excerpt and read into the record a modification to Condition No. 5, by including additional text stating "that a 28- foot wide easement shall be reserved along the adjoining property line to the north for future public access:' Also, to delete text that states "at fair market value". She referred to Condition No. 7 and read into the record a modification to reword the beginning of the condition and to state "That prior to final map approval" versus "That prior to issuance of a building permit". She referred to the Findings of Fact document and deleted text on page 5 pertaining to the waiver of public street standards. Staff has determined that the waiver is no longer required since the project has met the standards at the time the application was deemed complete. She stated that two a-mails were received regarding the project which requested elimination or reduction of street lighting on the property, planning for an entry to the property at the northeast and a trail connection. She indicated review of a lighting plan is a mitigation measure and the conditions of approval within the attached draft resolutions, address the access and the trail connection. She expressed that staff is pleased with the site configuration and the design of the homes and recommends approval of the project. Applicant's Statement Gordon Youde, 27071 Cabot Road, Suite 106, Laguna Hills, Ca, stated he represents Stonegate Development. He stated his supportive of the staff report, but indicated he has one change to the conditions of approval pertaining to Condition No. 7 of the tentative tract map and he read into the record the modification to the condition, stating "The project applicant shall be responsible for contribution of the project's fair-share cost towards the improvement of the intersection at Santa Ana Canyon Road and Deer Canyon Road, including the installation of a traffic signal and roadway widening. The fair-share cast shall be calculated by the City of Anaheim Public Works Department once the appropriate density and access points are determined for other development projects in the area." He stated to strike out the sentence that reads "The first developer shall pay for all improvements and request a Reimbursement District from the City of Anaheim City Council." and to be replaced with text stating, "The developer is only required to construct those improvements necessary to safely serve the development. The exact limits of the required improvements will be determined through final engineering plans for the intersection. The improvements shall be constructed prior to final building and zoning inspections:' He further explained complexity of the project. Public Testimony: Kiran Volina, 1639 6th Street, Manhattan Beach, CA, spoke on behalf of the owners, the Dutt's Family property, regarding the EIR. She relayed concern regarding the easement through the project and the acquisition of the easement for the development of their property. Today, staff discussed the issue with City Attorney and she was informed that the City Attorney advised to strike out the verbiage "fair market price' from Condition No. 5 of the draft tentative tract map excerpt. She relayed concern with the EIR for the Deer Canyon project regarding the gnat-catchers and the impact their property would incur as a result of grading activities. Jay Dutt, 6198 E. Paseo Rio Verde, Anaheim, CA, stated he owns a business at 1140 N. Kraemer Blvd, Anaheim, and he is in agreement with Kiran Volina's concerns. P.J. Canavan, 222 S. Eucalyptus Drive, Anaheim, CA, stated he is in agreement with Kiran Volina's concerns. 04-18-05 Page 11 April 18, 2005 PLANNING COMRAISSION AflINI ACTION AGENDA Navjivoan Dutt, 12 Summerset Drive, Alicia Viejo, CA, stated his business is located at 1140 N. Kraemer Blvd., #M, Anaheim, CA, presented a speaker card in opposition to the request. Surendra Vohra, 1639 6~h Street, Manhattan Beach, CA, stated he has the same objection regarding the easement and the gnat-catchers. Kamlesh Dutt, 222 S. Eucalyptus Drive, Anaheim, CA, stated she is in agreement with Kiran Volina's concerns. Christian Hansen, 136 S. Eucalyptus, Anaheim, CA, stated he believes changing from the estate zoning would change the integrity of the neighborhood and feels it would impact his property values. Applicant's Rebuttal: Mr. Youde stated he has previously discussed the easement issues and they have not responded with an asking price and he doesn't have a plan to do so anytime soon. He is not able at this time to fully determine what the impact of a road addition would be as of yet. With respect to the gnat-catchers, the subject property has been surveyed and has been included in all of the biological studies and the issue is not the gnat-catchers but it is the habitat, not the presence or absence of birds. THE PUBLIC HEARING WAS CLOSED. James Ling, Associate Civil Engineer, stated Public Works Department is not in support of the street dedication requirement for a number of reasons. There is not a general public benefit that is observed and the benefits would be towards a private parcel owner and a development. It is also consistent with the reservations of easements for a planned roadway network similar to other developments that have occurred in the past in the subject area. Furthermore, the Dutt's property does already have access to Santa Ana Canyon Road through the maintenance trail of Deer Canyon Park. Joan Kelley, Bonterra Consulting, 151 Kalmus Drive, Suite E-200, Costa Mesa, CA, stated there was a comment letter on the EIR with the concern of during grading gnat-catchers spreading to surrounding properties and it is a mitigation measure that they recommend that prior to grading the surrounding owners be notified when grading will start so that they could get a permit to mow the habitat prior to nesting. Therefore, the habitat would be removed prior to the birds coming in to nest and it would prevent additional gnat-catchers nesting in the area which would increase the amount of mitigation that they would have to provide if they developed their property Commissioner Flores asked for more detail regarding the gnat-catchers. Joan Kelley stated nesting season usually starts February 15'h, but U.S. Fish and Wildlife Service will modify the date based on weather conditions. The developer will not be grading during nesting season, therefore, a notice to adjacent property owners would be given outside of the nesting period so that you remove the habitat prior to any birds being in the area for nesting, therefore, preventing nesting from starting at all. Commissioner Velasquez stated she supports staffs recommendations. Commissioner Flores expressed her support of the project. Commissioner Perez stated he doesn't feel it is the Commission's position at this time to determine a "fair market value", and he also agrees with Mr. Youde pertaining to the tentative tract map, and he expressed his support of the project. Chairman Eastman stated staff has done an excellent job with the staff report and expressed her support. She is not unsympathetic to the family that owns the other land but does agree with the Public Works Department's reasons for not supporting the easement, and there is already access to the property and it is not landlocked. 04-18-OS Page 12 April 18, 2005 PLANNING COMMISSION MINI ACTION AGENDA Mr. Ling stated in response to Mr. Youde's comments made at the beginning of the meeting, and stated he has had an opportunity to review the changed mitigation measure regarding the street improvements and agrees with the changes as Mr. Youde proposed. Chairman Eastman stated at the preliminary plan review session today there was discussion regarding the lighting impact to the more rural areas, and would not like to see the character of the area change anymore than necessary. Therefore, she asked that the developer mitigate the lighting as much as possible when they consider the lighting, and that it would need to comply with the Traffic and Engineering Department's safety standards. Greg McCafferty, Principal Planner, stated the way the conditions and mitigation measures are set up today, it would allow that flexibility to look at that within the existing City ordinance. OPPOSITION: 7 people spoke in opposition, and 2 additional people filled out speaker cards in opposition to the request. IN GENERAL: 2 e-mails were received with suggestions pertaining to the design of the project. Mark Gordon, Deputy City Attorney, stated this item will be scheduled for a public hearing before the City Council and presented the 10-day appeal rights for Tentative Tract Map and the 22-day appeal rights for the balance of the actions. DISCUSSION TIME: 38 minutes (7:38-8:14) 04-18-05 Page 13 April 18, 2005 PLANNING COMMISSION MINI ACTION AGENDA 4a. CEQA Mitigated Negative Declaration Flores/Buffa Recommended City and Mitigation Monitoring Plan No. 128* Council approval, with modifications [o MMP No. 128 4b. Tentative Tract Map No. 16831 Flores/Buffa Approved 4c. Development Agreement No. 2005-00001 Flores Recommended City Council approval 4d. Development Agreement No. 2005.00002 Flores Recommended City Council approval 4e. Development Agreement No. 2005-00003 Flores Recommended City '. Council approval Owner: Peter L. Dunkel, 1515 East Katella Avenue, Anaheim, CA 92805 MMP NO. 128 Agent: Ken .France, BRE Properties, 2020 Main Street, # 590, Added a mitigation measure Irvine, CA 92614 pertaining to the Katella Avenue sewer line. Location: 1515 East Katella Avenue: Property is approximately 14.46 acres with a frontage of 585 feet on the north side of Katella Avenue and located 739 feet west of the centerline of State College Boulevard (BRE Properties-Stadium Park VOTE: 5-0 'Residential). Two Commission vacancies Tentative Tract Map No. 16831 - To establish a 5-lot, 451-unit airspace attached residential condominium subdivision and a 320-unit, mid-rise apartment building (1515 East Katella Avenue -BRE Properties Stadium Park Residential). Development Agreement Nos. DAG2005.00001, DAG2005-00002, AND DAG2005-00003 -Request to recommend adoption of three Development Agreements between the City of Anaheim and BRE Properties, Inc. for the Stadium Park Residential Project to construct 771 multiple-family dwelling units (320 apartments and 451 condominiums) and associated streets and public park (DAG2005-00001 - To construct a 320-unit apartment building, associated streets and public park; DAG2005-00002 - To construct a 196-unit condominium complex; and DAG2005-00003 - To construct a 255-unit condominium complex). Development Agreement No. 2005-00001 Resolution No. PC2005-73 Development Agreement No. 2005-00002 Resolution No. PC2005-74 Development Agreement No. 2005-00003.Resolution No. PC2005.75 Sr5220jr.doc OPPOSITION: None Chairman Eastman opened the :public hearing. John Ramirez, Associate Planner, introduced Item No. 4 He stated there was one addition to the mitigation measure which was :inadvertently not included; therefore, he would read the added mitigation measure into the record when appropriate. 04-18-05 Page 14 April 18, 2005 PLANNING COMMISSION MINI ACTION AGENDA Applicant's Statement: Ken France, BRE Properties, Inc., 2020 Main Street, Suite 950, Irvine, CA, stated BRE Properties' sole focus is the ownership and management of market rate apartments in the Western United States Robert Moffat, IMA Design, 2500 Michelson Drive, lrvine, CA, stated they are the landscape architect for' the project. Stan Braden, KTGY Group, Inc., Irvine, CA, stated they started the initial planning process with BRE Properties trying to decide the location of the building, streets, park, etc. Stephen McKelvey, Arcion Group, 3250 Wilshire Blvd., Suite 400, Los Angeles, CA, stated they are the architects for Lot 2 and they represent Chandler Partners who are the developers for the site. THE PUBLIC HEARING WAS CLOSED Commissioner Flores expressed her support of the project and stated she tikes the idea that each unit will not look like an apartment but almost look as it is on its own. Commissioner Perez expressed his support of the project and he also thanked staff for their tremendous work in presenting the project. Chairman Eastman stated her concerns with the Katella Avenue frontage and she expressed her support of the project. Mr. Ramirez read into the record an added mitigation measure which states, "that prior to issuance of the first building permit associated with the project, the owner would be responsible to mitigate the project's impact to the Katella Avenue sewer line by constructing a reversed sewer line in Katella Avenue to the upstream and manhole constructed by the Stadium Lofts, or other equivalent improvement as approved by the City Engineer. The project's civil engineer may need to prepare final construction drawings for the complete sewer line required with actual construction along the project's frontage only. Costs associated with the design and construction of the sewer line may be used to offset the sewer impact fees. If the developer's cost exceeds the required sewer impact fees then the developer may request creation of a reimbursement agreement to provide for the reimbursement of the constructed sewer line, at such time as the adjacent properties is developed and connect to the sewer line." OPPOSITION: None Mark Gordon, Deputy City Attorney, stated this item will be scheduled for a public hearing before the City Council and .presented the 10-day appeal rights for Tentative Tract Map and the 15-day appeal rights for the balance of the actions. DISCUSSION TIME: 20 minutes (8:15-8:35) 04-18-OS Page 15 April 18, 2005 PLANNING COMMISSION MINI ACTION AGENDA Chairman Eastman stated the newly appointed Planning Commissioner Joseph Karaki will be sworn in at the Planning Commission meeting of May 2, 2005; and also indicated that Chairman Pro-Tempore David Romero has resigned from the Planning Commission, and she asked for the appointment of anew Chairman Pro-Tempore be agendized to the May 2, 2005 meeting. MEETING ADJOURNED AT 8:38 P.M. TO MONDAY, MAY 2, 2005 AT 1:00 P.M. FOR PRELIMINARY PLAN REVIEW. Respectfully submitted: ~~a'"`Q"Q-e- t~ ~~-c~ C Danielle C. Masciel Word Processor Received and approved by the Planning Commission on ~~._t ~ , 2005. 04-18-05 Page 16