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Minutes-PC 2005/07/25~ ~~''~E"~ ~~ CITY OF ANAHEIM ~ ~' ~r~ . . . ~ o ~ Planning Commiss~on ~ ~ Minutes ~ ~ . - Y~~~~~~ . Mondav, July 25, 2005 : o~ ,n ~ Council Chamber, City Hall $ 200 South Anaheim Boulevard; Anaheim, California ~~~DED ~ ~ CHAIRMAN: GAIL EASTMAN Commissioners'Present: 'KELLYBUFFA, CECILIA FLORES, - ED PEREZ, PANKY'ROMERO, PAT VELASQUEZ Commissioners Absent: JOSEPH KARAKI Staff Present: Mark Gordon, Deputy City Attorney Taher Jalai, Principal Traffic Engineer Greg Hastings, Planning Services Manager James Ling, Associate Civil Engineer Greg McCafferty, PrincipaLPlanner Amy Vazquez, Associate Planner Judy Dadant, Senior Planner Elaine Thienprasiddhi, Planner John Ramirez, Associate Planner Elly Morris, Senior Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 10:00 a.m. on • Thursday, July 21, 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, June 30, 2005. • Call To Order Preliminary Plan Review 11:30 A.M. • STAFF UPDATE TO COMMISSION ON VARIOUS CfTY DEVELOPMENTS ' AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE JULY 25, 2005 AGENDA • Recess To Afternoon Public Hearing Session ~ Reconvene To Public Hearing 2:30 P.M. For record keepinq pur,~oses ifyou wish to make a statement repardinq any ifem on fhe aqenda, please complete a speaker card in advance and submif it to the secretarv. • Pledge Of Allegiance: Commissioner Perez • Public Comments • Consent Calendar • Pubfic Hearing Items • Adjournment • You may leave a message for the Planning Commission using the following ' ' e-mail address: Alannin~commission(cilanaheim.net H:\TOOLS\PCADMINIPCMI NIAC112005MI NUTES~AC072505.DOC : JULY 25, 2005 PLANNING COMMISSION MINUTES • Anaheim Planning Commission Agenda - 2:30 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. ' Planning Commission Appointments: • Appointment of a Planning Commission Chairman (Motion) ' ACTtON: Commissioner Flores offered a motion; seconded by Commissioner Velasquez and MOTfON CARRIED (Commissioner Karaki absent), that the Anaheim Planning Commission does hereby elect to reappoint Chairman Gail Eastman as Commission Chairman for 2005/2006. REQUESTFOR CONSIDERATION OF POTENTIAL APPOINTMENT OF PLANNING COMMISSION REPRESENTATIVES AND ALTERNATES FOR THE FOLLOWING: • Anaheim Transportation Network Board of Directors • Utilities Underground Conversion Subcommittee • (Continued from the June 27, 2005, Planning Commission meeting.) ACTION: Commissioner Flores offered a motion, seconded by Chairman Eastman and MOTION CARRIED (Commissioner Karaki absent), that the Anaheim Planning Commission does hereby appoint Chairman Gail Eastman to serve as the Planning Commission representative for the Anaheim Transportation Network Board of Directora ACTION: Commissioner Flores offered a motion, seconded by Chairman Eastman and MOTION . CARRIED (Commissioner Karaki absent), that the Anaheim Planning Commission does hereby appoint Commissioner Romero to serve as the Planning Commission representative for the Utilities Underground : Conversion Subcommrttee; and does hereby appomt Commissioner Perez to serve as the Planrnng Commission alternate representative for the Utilities Underground Conversion Subcommittee. JULY 25, 2005 ' PLANNING COMMISSION MINUTES i 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 thevoting on the motion unless members of the Pianning Commission, staff or the public request the item,to be discussed and/or removed from the Consent' Calendar for separate action.' Commissioner Perez offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED ,(Commissioner Buffa abstained on Items 1-H and 1-J, Commissioners Flores and Romero abstained on Items 1-F and 1-I, and Commissioner Karaki absent), for approval of Consent Calendar Items 1-A through 1-J) as recommended by staff. UNANIMOUSLY APPROVED Reports and Recommendations ' 1A. (a) Conditional Use Permit No. 3471 - Request for Termination Terminated ' {Tracking No. CUP2005-04995) Agent: ' Mark Whitehead, Brandywine Homes, 16580 Aston, Irvine, . Consent Calendar Approval CA 92606 VOTE: 6-0 ' Location: 425 North Maanolia Avenue. Commissioner Karaki absent Request to terminate Conditional Use Permit No. 3471 (to permit the conversion of an existing 128-unit apartment complex to a 128-unit, 21- 1ot air-space condominium complex with waiver of the required lot frontage, minimum lot width, minimum floor area, permitted encroachment into required yards, minimum distance between buildings • and landscaped setback). . Project Planner.• (kwong2@ anaheim. net) Termination Resolution No. PC2005-100 • , ` -07-25-05 Page 3 ' JULY 25, 2005 PLANNING COMMISSION MINUTES • 1B.(a) CEQA Neqative Declaration (Previouslv-Approved) Approved (b) Conditional Use Permit No. 2004-04831 Approved retroactive (Tracking Na CUP2005-04996) extension of time for one year (to eapire on Agent: John Ward, StonybrooklLC,P:O. Box 4304, Carson, CA Apri19, 2006) , 90749 Location: 736 South Beach Boulevard and 2966 West StonVbrook Consent Catendar Approval Drive. VOTE: 6-0 Request for a retroactive extension of time to comply with conditions of Commissioner Karaki absent ' approval for a previously-approved 7-unit detached single-family condominium subdivision. _ Project Planner: (mnewland@anaheim. net) • • 07-25-05 ' Page 4 ' JULY 25, 2005 PLANNING COMMISSION MINUTES • 1C.(a) Conditional UsePermit NO. 3650 and 2002-04645 Terminated (Tracking No. CUP2005-05007) Agent: Caroi C. Cushing, CDC Properties, 701 Concord Street, Consent Calenaar approvat Glendale, CA 91202 VOTE: 6-0 Location: 3020 West Lincoln Avenue. Commissioner Karaki absent Request to terminate Conditional Use Permit No. 3650 (to permit the instaliation of automotive accessories in conjunction with a proposed retail establishment) and Conditional Use Permit No. 2002-04645 (to permit and retain a computer rental and internet amusement [arcadeJ ` business). : Project Planner. TerminationResolution No. PC2005-101 (kwong2@anaheim:net) JULY 25, 2005 PLANNING COMMISSION MINUTES • 1 D. (a) ' Conditional lfse Permit No. 2000-04277 Terminated (Tracking No. CUP2005-05008) Agent: Jimmy Nguyen, P.O. Box.15751, Newport Beach, CA 92659 ConsentCatendarApproval Location: 420-504 South Brookhurst Street. vOTE: 6-0 Commissioner Karaki absent Request to terminate Conditional Use Permit No. 2000-04277 (to retain ' ' a'banquet hall with service but no sales of alcoholic beverages for on- premises consumption). Termination Resolution No. PC2005-102 ProjectPlanner. {kwong2@anaheim. net) • JULY 25, 2005 PLANNING COMMISSION MINUTES • 1E. (a) CEQA Environmen#al Impact Report No. 189 -(Previouslv-Certified) Approved (b) Final Site Plan No. 2005-00007 Approved Final Plans `(c) Review and Recommendation of Final Plans for Parcels A1-3, B, & D Recommended Anaheim : Redevelopment Agency Owner: Elisa Stipkovich, Anaheim Redevelopment Agency, 201 Approval South Anaheim Boulevard, Anaheim, CA 92805 - -location: 203 South Anaheim Boulevard,' 290 South Lemon Street, Consent Calendar Approva~ 180 and 435 West Center Street, and 291 West Broadwav. VOTE: 6-0 Request forreview and recommendation to the Anaheim Commissioner Karaki absent Redevelopment Agency of final plans for a mixed-use project on Parcels A1 - A3, B, and D within Downtown Anaheim. ' . Project Planner: _ (dsee@anaheim. net) , • • ` 07-25-05 Page 7 ' JULY 25, 2005 PLANNING COMMISSION MINUTES • Minutes 1F. Receiving and approving the Minutes from the Planning Commission Approved Meeting of June 1, 2005 ,(Motion) Continued from the Sune 13 and 27, 2005, Planning Commission meetings. Consent Catendar Approval VOTE: 4-0 ` Commissioners Flores and : Romero abstained as they ' were not present for the meeting; and Commissioner Karaki absent ' 1G. Receiving and approving the Minutes firom the Planning Commission Approved Meeting of June 13, 2005 (Motion) Continued from the June 27, 2005, Planning Commission meeting. Consent Calendar Approval VOTE: 6-0 Commissioner Karaki absent ' • 1H. Receiving and approving the Minutes from the Planning Commission Approved Meeting of June 27, 2005 (Motion) Consent Calendar Approval VOTE: 5-0 Commissioner Buffa abstained as she was not present for the meeting; and Commissioner Karaki absent 11. Receiving and approving supplemental detailed Minutes for Item No. 2 from the Planning Commission Meeting of June 1, 2005, scheduled to be heard as a public hearing item before City Council on Tuesday, July 26, 2005 ITEM NO. 2 CEQA Mitigated Negative Declaration and Mitigation Monitoring Plan No. 129 Conditional Use Permit No. 2005-04975 Tentative Tract Map No. 16825 Development Agreement No. 2005-00005 Approved Consent Calendar Approval VOTE: 4-0 Commissioners Flores and Romero abstained as they were not present for the meeting; and Commissioner Karaki absent JULY 25, 2005 PLANNING COMMISSION MINUTES • A 1J. Receiving and approving supplementai detailed Minutes for Item No. 4 pproved from the Planning Commission Meeting of June 27, 2005, scheduled to be heard as a pubiicfiearing item before City Council on Tuesday, July Consent Calendar Approval 26, 2005. VOTE: 5-~ ITEM NO. 4, Commissioner Buffa abstained as she was not GEQA Mitigated Negative Declaration and Mitigation present for the meeting; and Monitorin Plan No. 131 J Commissioner Karaki absent Tentative Tract Map No. 16826 Development Agreement Na 2005-00006 ~ r 07-25-05 Page 9 JULY 25, 2005 PLANNING COMMISSION MINUTES • Public Hearina ltems: 2a. CEQANeaative Declaration (Readvertisment) suft'a/xomero Approved 2b. Reclassification No. 2004-00141 Buffa Granted 2c. - Conditional Use Permit No. 2004-04951 - Buffa Granted 2d. Tentative Tract Map`No. 16833 BuffalEastman Approved Owner: Marci Odon, 3117 West Ball Road,'Anaheim, CA 92804 ` CUP Agent: Walter Sowman,Bonanni Deve{opment, 5622 Research Modified Condition Drive, Huntington Beach,'CA 92649 Nos: 3 and 22 Location: 3117. 3121 and 3125 West Ball Road. Property is 1.4 TTM acres, having a frontage of'198 feet on the north side'of Ball Added a condition of Road located 741 feet east of the centerline of Westem approvalpertaining to AVenu6. ' the incorporation of CC&R's. _ Reclassification No. 2004-00141 - Request reclassification of the property from the T(7ransition) zone to the RM-3 (Residential, Multiple-Family) - zone, or less intense zone: VOTE ON RCL: 5-1' Conditiona( Use Permit No. 2004-04951 - Request to permit a 16-unit Commissioner Perez voted - attached and detached single-family residential subdivision. no and Commissioner Karaki absent Tentative Tract Map No. 16833 - 7o establish a 1-lot 16-unit attached and vOTE ON CUP: 4-2 detached single-familyresidential subdivision. Commissioners Flores and Perez voted no and . Continued from February 7, 23, March 7, April 4, May 2, and June 13, 2005, Commissioner Karaki absent Planning Commission meetings. VOTE ON TTM: 4-2 Reclassification Resolution No. PC2005-103 Commissioners Flores and Conditional Use Permit Resolution No. PC2005-104 Perez voted no and Comtnissioner Karaki absent ' Project Planner (avazquez@anaheim.net) Chairman Eastman opened the public hearing. Amy Vasquez, Associate Planner, introduced Item No. 2 and stated staff met with the applicant and discussed elevations. A condition is added to the tentative tract map excerpt letter requiring the CC&R's be reviewed and approved by the Planning Services Division and City Attorney before obtaining a certificate of occupancy. Public Works wishes to change Condition No. 22 to include that the Sewer Impact Mitigation Fee of $1,669/unit for the combined West Anaheim Area Zone B. Applicant's Statement: Walter Bowman, Bonanni Development, 5622 Research Drive, Huntington Beach, CA, stated he feels they have worked well with staff to develop a good project. The architect is working with staff to obtain a style that will satisfy City planning goals of the mid-corridor development ~ 07-25-05 : : ' Page 10 JULY 25, 2005 PLANNING COMMISSION MINUTES ~ Public Testimony: - June Hamze, 3122 Glen Holly Drive, Anaheim; CA, stated the development wili be touching the corner of her property and addressed concerns pertaining to density, parking and traffic. She asked that they reconsider by pushing the homes up a bif and making fewer units, as they would like to maintain their privacy: Jodie Mosley, 3151 Glen Holly Drive, Anaheim, CA, stated the development doesn't directly affect her ' home but it does affect the neighborhood. She is not against improvement, but is against how much' is being developed. She also addressed concerns pertaining to parking, congestion and privacy, and ' indicated she would like to see it pushed back and toned down. ' Charles Bradley, 3208 W. Faircrest Drive, Anaheim, CA, stated he is a WAND member and chairman of the;WAND Land Use Committee and feels 16 units is too many for the amount of parking that wiil be available. Their privacywill also be lost because back windows of the units wili be 1ooking down into their backyards. Roger Van, 3132 W. Glen Holly Drive, Anaheim, CA, stated his property isbehind the proposed property ' and he is opposed to the project. He asked if a traffic flow study was conducted in the area because he is very concerned about traffic congestion and speeds of vehicles. He indicated a signed petition against the - project was submitted to the planner.Amy Vasquez, and'suggested that the project be'downsized to 10 or 11 units. Esther Wallace; 604 Scott Lane, Anaheim, CA, she addressed concerns pertaining to privacy, high density and lack of landscaping in tfie front of the project. She indicated that' backyard privacy will be gone due to the large windows that are being put in and suggested that tall Cypress Trees be planted 4o block the view from the second floor or have frosted windows. • Bill Samp, 3080 W. Glen Holly Drive, Anaheim, CA, stated he opposes the project and feels it is an H pattern and there is no flow in the plan and trash pick up will have a difficult time maneuvering their vehicfes. Also, emergency vehicles will not go into this complex and have to have 200 feet of hose lay to the back units and he asked will the back units be fire sprinklered. Also, he is concerned that these units are being placed right under power lines. Fred Fix, 3115 W. Teranimar Drive, Anaheim, CA, stated his primary concern is that these structures do not have driveways and indicated many people put storage, hobbies and stuff in garages and may park one car in the driveway, therefore, parking may overflow into guest parking and the neighborhood. ApplicanYs RebuttaL- Mr. Bowman stated there is a 20-foot setback for privacy and there are proposed trees and screening on : the north property line. The density of this proposal is less than the maximum density allowed by the City and parking exceeds what is required by the City code. As for traffic on Ball Road, the project is dedicating 20 feet on Ball Road for street widening. THE PUBLIC HEARING WAS CLOSED. Chairman Eastman asked about installing traffic lights Taher Jalai, Principal Traffic Engineer, stated a project of this size doesn't warrant any mitigation measure, it will not generate enough traffic. Chairman Eastman asked about trash pick up and fire sprinklers. James Ling, Associate Civil Engineer, stated trash pick up areas have turn around areas that are designed • per City specifications. , 07-25-05 _ Page 11 JULY 25, 2005 P~ANNING COMMISSION MINUTES Greg McCafferty, Principal Planner, stated the Fire Marshall approved the site plans which meet fire code '• requirements. Gommissioner Flores asked if islands were going to be installed and will parking be allowed on Ball Road: Mr. Jalai stated #he master plan shows construction of islands and parking is allowed on Ball Road. ' Mr. Ling pointed out that actual improvement will be done in the future. They have a condition requiring a cash payment be made in lieu of the actual improvements. Chairman Eastman asked if the developer will be required to include the City owned property in the landscaping , Mr. Ling stated they will be required to do so. Commissioner Romero asked about the accidents that have occurred and are there limited hours to parking on the street. Mr. Jalai responded they need to research the accident statistics and as far as parking, on-street parking is allowed and would continue. Commissioner Buffa asked when the BaII Road improvements will be constructed. Mr. Ling stated he doesn't know of any plans until some other right-of-way gets acquired. ' Commissioner Buffa noticed the private drive for the project doesn't directly line up with the roadway across Ball Road and is concerned the offset will create intersection spacing which creates conflicting left turn movements. ~ Mr. Jalai agreed it is not an ideal situation and they may prohibit left turns. Mark Gordon, Deputy City Attorney, stated it is an issus that is left to Traffic Engineering to sort out. in ` terms of the operational history of a location. If Commission wants to impose a condition on this development it should hinge upon specific information that tells us that this kind of parking movement restriction would be warranted. Without that particular information, we are imposing conditions that may or may not be needed or warranted. When building permits and plans are submitted, Traffic Engineering will look at the movement with traffic information then determine appropriate restrictions. Also, there are periodic studies that are perFormed by Traffic Engineering to monitor efficiency of traffic and operational safety of roadways. Mr. Jalai stated they coufd do turning traffic studies and look at accident history, then based on that information they could determine if a left turn in and out should be prohibited. Commissioner Buffa is sympathetic to residenYs privacy and would like to see modified types of installed windows or glazing. ' Commissioner Eastman suggested switching the three small windows that are on the side with the large windows in the back. Mr. Bowman stated they will discuss privacy issues with staff. Commissioner Velasquez is concerned about parking and how the complaints will be dealt with. Mr. McCafferty stated it is a function of the economics that they are dealing with. These homes are priced : at a range where they won't overcrowd the units. Some people may have 3 or 4 cars and there is no way .' to regulate that. The parking complies with the parking code, general plan, design standards and eVen exceeds the parking code. : 07-25-05 Page 12 JULY 25, 2005 PLANNING COMMISSION MINUTES • Gommissioner Velasquez stated proposed set back is only 10 feet and requirement is 35 feet and she is concerned for privacy. Mr. McCafferty clarified that normal single family homes have 5 foot setbacks. This is a combination of" townhomes and single family detached and code allows flexibility based on what is next to you. Staff feels - the 10 feet is appropriate. It is subjective and you have to look at what is next to the property. This project fits in the general plan for this area and it is a snapshot of what the Planning Commission will be seeing in the future: The project is complying with the Housing Element and the Code. Also, he - indicated he drove to the site on a Sunday and there was plenty of parking on tfie street. Chairman Eastman stated she also drove to the site on a weekday and there was sufficient parking. The project will have CC&R's requiring people to park in their garages instead of filling them up with storage, as is the case in most single-family neighborhoods. . Commissioner Buffa included that the Homeowner's Association will have to enforce the CC&R rules, not the City; Commissioner Karaki feels the homeowner. association will take good'care of this issue and feels parking is adequate for the project. Commissioner Perez stated he can not support the project even though staff has done a good job. ' Commissioner flores concurred with Commissioner Perez and stated she feels there is an existing parking ' problem and adding more housing is not the answer. She suggested removing one unit in order to add more parking. Commissioner Buffa stated yes there is a parking problem but they don't know what causes that problem .~ and it would be irresponsible of the Commission to assume it is the apartment projects. She has been in the neighborhood and there is plenty of parking on the street. Chairman Eastman concurred with Commissioner Buffa and feels the developer is complying with code and stated she supports the project. OPPOSITION: 7 people spoke in opposition to the subject request. A petition was received with 134 signatures in opposition. Mark Gordon, Deputy City Attorney, presented the 10-day appeal rights for the Tentative Tract Map ending at 5:00 p.m. on Thursday, August 4, 2005, and the 22-day appeal rights for the Reclassification and Conditional Use Permit ending at 5:00 p.m. on Tuesday, August 16, 2005. DISCUSSION TIME: 1 hour and 10 minutes (2:46 -3:56) Following this item, Commissioner Perez left the Council Chambers (3:57 p.m.) • 07-25-05 Page 13 JULY 25, 2005 PLANNING COMMISSION MINUTES ,~ 3a. CEQA Neaative Declaration . Continued to 3b. Zoninq Code Amendment_No. 2005-00040 August 8, 2005 Agent: City, of Anaheim, Community Services Department, 200 South Anaheim Boulevard, Anaheim, CA 92805 Motion: FloreslEastman Location: Citvwide. _ VOTE: 6-0 Request to amend the zoning code pertaining to the establishment of Commissioner xaraki - building and ground-mounted telecommunication facifities on public absent recreational facilities within the Scenic Corridor Overlay, Open Space and Residential zones, to clarify the definition of certain types of. telecommunication facilities, and to add standard conditions of approval #o the Telecommunication Antenna Review Permit process. Continued from the June 27, 2005; Planning Commission meeting. Project Ptanner: Zoning Code Amendment Resolution No. ' ' Qpramirez@anaheim.net) OPPOSITION: None ~ DISCUSSION TIME: This item was not discussed. ~ 07-25-05 Page 14 J U LY 25, 2005 ', PLANNING COMMISSION MINUTES t 4a. CEQA Mitiqated Neqative Declaration and Mitiqation Monitorinq Plan Na 130 Flores/Itomero 4b. ` Generaf Plan Amendment No. 2005-00435 Ftores 4c. Amendment to Platinum Trianqle Master Land F~ores Use Plan (Miscellaneous Na 2005=00113) 4d.- Zoninq Code Amendment No. 2005-00044 Flores 4e: Conditional Use Permit No. 2005=04967 Flores 4f. ` Tentative Tract Map No. 16800 Ftores/[tomero 4g. Development Aqreement No. 2005-00004 Flores Owner: Peter French, Kayco Plaza Partners, L:P., 120 Newport Center,Drive, Suite 240, Newport Beach, ` CA 92660 ' Agent: Sandy Sanchez,D.R. Horton, 16755 Von Karmen Avenue, Suite 200; Irvine, CA 92606 Locationc 2100 and 2110 East Katella Avenue. Property is ` i : approximately 3.49* acres, having a frontage of 318 feetbn the south side of Katella Avenue located 432 `#eet east of the centerline of State Coliege I Boulevard. i Request to approve a Mitigated Negative Declaration (MND) and Mitigation Monitoring Plan prepared for the project and circufated ' ~ for public agency/ responsible agency review in compliance with the California Environmenta{ Quality Act (CEQA) and the State and City of Anaheim CEQA Guidelines. General Plan Amendment No. 2005-00435 - Request to amend the land use element of the General Plan to increase the maximum square footage of commercial uses in the Katella District of the Platinum Triangle. Amendment to Platinum Triangle Master Land Use Plan (Miscellaneous No. 2005-00113) - Request to amend the Platinum Triangle Master Land Use Plan to increase the maximum permitted square footage of commercial uses in the Katella District. Zoning Code Amendment No. 2005-00044 - Request to amend the PTMU Overlay Zone to increase the maximum permitted square footage of commercial uses in the Katella District. Conditional Use Permit No. 2005-04967 - Request to modify setbacks along a proposed private street and Katella Avenue to construct a 251 unit mixed use residential condominium project including a 7,397 square foot restaurant with sales of alcoholic beverages for on-premises consumption and 2,347 square feet of retaiL Tentative Tract Map No.16800 - To establish a 1-lot, 251-unit • airspace attached residential condominium subdivision. Recommended City Council Approval Recommended City Council Approvai Recommended City Council Approval Recommended City Council Approval Granted Approved Recommended City Council Approval CUP Modified'Condition No.18 DAG Modified Condition No: 27 of Exhibit "C" VOTE: 5-0 Commissioners Karaki and Perez absent 07-25-05 Page 15 JULY 25, 2005 PLANNING COMMISSION MINUTES Development Agreement No. 2005-00004 - Request to adopt a ~ Deveiopment Agreement between the City of Anaheim and Western Pacific Housing for the construction of a251 unit , residential and commercia( mixed use'project. General Plan Amendment Resolution No. PC2005-105 Misceflaneous Resolution No. PC2005-106 Zoning Code Amendment Resolution No. PC2005-107 Conditional Use Permit ResolutionNo. PC2005-108 ' Pro~ectPianner. Development Agreement Resotution Na PC2005-109 Udadant@anaheim.net) *Advertised as 3.39 acres Chairman Eastman opened the public hearing. Judy Dadant, Senior Planner; introduced Item No. 4. ApPlicant's Statement: _ Jon Myhre, 16755 Von Karmen Avenue, Suite 200, Irvine, CA, stated retail will be:a main component of the project. The condominiums have been designed to be larger, luxury style with a tremendous amount. of amenities. Dan Withee, 1983 W. 190th Street, Suite 200, Torrance, CA, stated he is the architect of the project and gave a PowerPoint presentation. ~ THE PUBLIC HEARING WAS CLOSED. Commissioner Flores stated she met with the devefoper and her only concern was the condition of the basement and garages. Commissioner Buffa stated she approves of the project. Commissioner Romero stated he also met with the developer. He wanted to ensure that the translucent panels an the patios wil{ be durabfe and not require much maintenance. Mr. Withee responded it has a 25-year warranty and is very low maintenance compared to glass. Chairman Eastman stated she also met with the developer and is very pleased with the project. ; Greg McCafferty, Principal Planner, indicated a Caltrans letter will be submitted to the Traffic and Transportation Manager. He explained that staff uses a traffic model approved by OCTA which is ICU methodology, and Caltrans uses Highway Capacity Manual to study road capacity. They will ensure that the methodologies are compatible. Commissioner Flores asked if the school district will bus children from the location. Mr. McCafferty stated he wasn't sure, and it is the responsibility of the school board Mark Gordon, Deputy City Attorney, stated state fegislation handles local regulations of fees and development conditions to mitigate school impacts. Gommissioner Velazquez asked what will happen if there is a disagreement between Caltrans and the City • pertaining to how calculations are done. 07-25-05 _ Page 16 JULY 25, 2005 PLANNING COMMISSION MINUTES Taher Jalai, Principal Traffic Engineer; stated studies done on individual projects are done to come up with •'phasing of improvements and when they need,to take place and based on the General Plan, EIR and trafficstudy they know what improvements need to take place. :Since they are City projects, they go with City methodology that is consistent with OCTA and used throughout the County. Mr. Gordon stated issues can be kneaded ouf with Caltrans and if they didn't agree, they could chalienge the EIR for the project: CONCERNS: A letter frorn the' State of California, Department of Transportation was received today regarding traffic related studies. IN GENERAL: Aietter from the Anaheim City School District was received regarding the student generation rate for the project. Mark Gordon, beputy City Attorney, presented the 10-day appeal rights' for the Tentative Tract Map ending af 5:00 p.m. on Thursday, August 4, 2005; the 22-day appeal rights for the Conditional Use Permit and Zoning Code Amendment ending at 5:00 p.m. on Tuesday; August 16, 2005; and stated the balance of the , 'items are subject to review and approval by the City CounciL DISCUSSION TIME: 30 minutes (3:57-4:27) ~ _ A 5-Minute break was taken (4:27-4:32) JULY 25, 2005 PLANNING COMMISSION MINUTES • 5a. CEQA MITIGATED NEGATIVE DECLARATIOW Buffa/Flores AND MITIGATION MONITORING PLAN NO. 136 5b. TENTATIVE TRACT MAP NO. 98832 Buffa/Ftores 5C. DEVELOPMENT AGREEMENT NO: DAG2005-00007' Buffa Owner: East Katella Partnership, 666 Sherbrook Street, Montreal, Quebec H3A 1 E7 Agent:' lan Ellis,'1331 East Kateila Development, 1849 Sawtelle Boulevard, Suite 600, Los Angeles, CA 92707 Location: 1221 and 1331 EastKatella Avenue. Property is approximately 4.88* acres with a frontage of 355 feet on the north side of Katella Avenue, located 966 feet east of - the centerline of Lewis Street (Platinum Triangle Condominium Development). Request to approve a Mitigated Negative Declaration (MND) and Mitigated Monitoring Planprepared for the project and circulated for public agency/ responsible agency review in compliance with the California Environmental Quality Act (CEQA) and the State and City of `' Anaheim CEQA Guidelines. Tentative Tract Map No. 16832 - To establish a 3-lot, 336-unit airspace attached residential condominium subdivision. DeVelopment Agreement No. DAG2005-00007 - Request to adopt a i ~ Development Agreement between the City of Anaheim and 1331 East I Katella Development Company, LLC and East Katelia Partnership to construct a 336 unit residential and commercial mixed use project and I associated public street. Development Agreement Resolution No. PC2005-110 ~ *Advertised as 5.37 acres Recommended City Councii Approval Approved Recommended City Council Approval TTM Deleted Condition No. 3 DAG Modified Condition No. 17 of Exhibit "C'.'. Added a condition of approval pertaining to the owner acquiring the necessary dedications (previousiy Condition No. 3 of the Tentative Tract Map; modified timing). ' VOTE: 5-0 CommissionersKaraki and Perez absent Projecf Planner. (ethien@anaheim. net) ~ Chairman Eastman opened the public hearing. Elaine Thienprasiddhi, Planner, introduced Item No. 5. Applicant's Statemenfi lan Ellis, West Millennium Homes, 1849 Sawtelle Boulevard, Suite #600, Los Angeles, CA, stated they worked hard with staff and are present to answer any questions. Commissioner Flores asked if the interior of the subterranean parking will be more appealing. Mr. Ellis advised it is typically concrete, concrete and block for a number of reasons. Painting walls causes maintenance issues for future homeowners because they get dirty and scuffed very easily and large blank painted walls invite graffiti. The block walls can be sanded off easier, and he stated they use appropriate lighting to create a safe environment. ~ THE PUBLIC HEARING WAS CLOSED. : 07-25-05 . Page 18 JULY 25, 2005 PLANNING COMMISSION MINUTES JULY 25, 2005 PLANNING COMMISSION MINUTES ~ 6a. CEQA Nectative Declaration FloresNelasquez Approved 8b. Waiver of Code Requirement FloresNe~asquez Approved '. ' 6c. ConditionaC Use Permit No. 2005-04997 ' Flores Granted Owner: Myron Trust, Cotti Foods, 26111 Antonio Parkway, Suite 100, Las Flores, CA'92688 Modified Condition Nos. I5, Agent: Hoily Sandler, 1450 North Tustin Avenue, Suite 105, Santa 36 and 38 Ana, CA 92705 Location: 100 and 130 North State Colleae Boulevard. Property is vOTE: 5-0 approximately 0,8 acre, located at the northeast corner of Commissioners Karaki Center Street and State College Boulevard. and PereZ absent Request to construct a commercial retail center and a fast food restaurant with drive-through and outdoor seating with waivers of (a) minimum landscaped'setback ad}acent to residential zone boundary, (b) minimum setback for trash enciosure adjacent to residential zone boundary, and (c) minimum number of parking spaces. : Project Planner.. Conditional Use Permit Resolution No. PC2005-111 {avazpuez@anaheim.net) _ Chairman Eastman opened the public hearing. Amy Vazquez, Associate Planner, introduced Item No. 6. • ApplicanYs Statement: Fred Cook, Seven Designs, 23121 Verdugo Drive, Suite 205, Laguna Hills, CA, stated the site plan should be amended to relocate a trash enclosure to the north into the property where the retail space is. it will allow them to have trash on both properties without creating an access agreement because the properties are owned by separate entities. They will also add trees for landscaping per staff's request. THE PUBLIC HEARING WAS CLOSED. Chairman Eastman asked staff if moving trash changes parking Amy Vazquez advised all parking and circulation was analyzed with the two properties together as a whole and moving the trash will free up parking to the west. Chairman Eastman expressed concern that there are three retail spaces versus twa Mr. Cook stated they would like the flexibility in case a smaller tenant comes in that wants only 500 square feet. Chairman Eastman asked if they need to have a plan to depict the alternative and would it change the parking. Greg McCafferty, Principal Planner, stated it would change the parking and recommended that they leave it at two retail spaces. They can always come back and request the third one at a later time. They can shift the walls, just as long as they have the two spaces there. • Commissioner Romero asked how trash wil~ be hidden once moved. 07-25-05 , Page 20 J U LY 25, 2005 PLANNING COMMISSION MINUTES Mr. McGafferty stated it has to be approved by our Streets and Sanitation Division to assure it meets the • standard. Landscaping wiil also be continued along the boundary line. Commissioner Flores asked about the'two property owners Mr. Cook advised the Taco Beli property is owned by another entity which Cotti Foods is buying. They are ' noYgoing to put the Taco Bell back on the site where the existing Taco Beil is. The other entity which is a trust, owns the second parceL Commissioner Velasquez asked what eise beside the trash agreement would have to be considered because there are two property owners. Amy Vazquez stated it has always been known that there are two property owners; it made more senseto analyze the project conclusively since they are sharingparking and circulation. Both owners signed a nofarized application and one applicant is representing the project. Commissioner Velasquez asked if the City needs an agreement to share the trash. Mr. McCafferty responded no because they are reviewing the site as one. :It +s one project regardless of ' how many ownerships there are. Amy Vazquez indicated Condition No. 23 in the draft resolution requires an agreement for-reciprocal parking, maintenance and access between the two properties. Commissioner Velasquez thought there was an issue with signs and waHs. Chairman Eastman stated they agreed with Commission's comments during the preliminary plan session earlier today pertaining to the front elevation, and stated opaque windows and trellis wiH be instafled. ~ Mr. McCafferty added they agreed to remove the bells. Chairman Eastman stated that landscaping could be added where the bells are being removed. Mr: Cook stated there are three panels along the drive-thru and there isn't much room, but the one on the public entry side can be enhanced with landscaping. Commissioner Romero asked if they subdivide into three retail spaces, would there be enough parking. Mr. McCafferty responded yes, as long as they are retail uses. The division of space doesn't matter; it is the type of use that occupies the space. He pointed out as long as it has ten or less seats it would be fine. OPPOSITION: None Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, August 16, 2005. DISCUSSION TIME: 24 minutes (4:46-5:10) JULY 25, 2005 PLANNINGCOMMISSION MINUTES ' 7a. CEQA Neaative Declaration Continued to • ' 7b. Reciassification Na 2005-00163 September 7, 2005 7c. Variance No: 2005-04653 ' 7d. Tentative Parcel Map Na 2005-132 7e. Waiver of Council Policv No. 542 Motion: Perez/Romero Owner: Evart C. Fountain, 1432 Roberta Avenue, Fullerton, CA 92833 , VOTE: 6-0 Commissioner Karaki Agent: Alan Nguyen, 15401,Firmona Avenue, Lawndale, CA 90260 absent Location: 1400 East Burton Street. Property consists of two parcels. ` Parcel 1: Property is an irregularfy-shaped parce{ having a frontage of 133 feet on the south side of Burton Street and is located 889 feet west of the centerline of Acacia Street. Parcel 2: Property is an irregularly-shaped parcel having a frontage of 26 feet on the south side of Burton Street and is located 1022 feet west of the centerline of Acacia Street. Reclassification No. 2005-00163 - Requestreciassification of the property from the T,(Transition) zone to the RS-2 (Residential, Single-Family) zone, or a less intense zone. Variance No. 2005-04653 - Request waivers of (a) minimum lot width and - (b) minimum lot area to construct four single-family residences. Tentative Parcei Map - Request to establish a 4-lot, 4-unit detached single • family subdivision. Waiver of Council Policy No. 542 - Request to wa+ve Council Policy No. 542 pertaining to sound attenuation for residential projects. Continued from the dune 27, 2005, Planning Commission meeting. Reclassification Resolution Na Project Planner. (cflores@anaheim.net) Variance Resolution No. OPPOSITION: None DISCUSSION TIME: This item was not discussed. `JULY 25, 2005 PLANNING COMMISSION MINUTES 8a. , CEQA Cateqorical Exemption - Class 1 Continued to ,• 8b. Conditional Use Permit Na 2005-05000 August 8, 2005 Owner: American Investments/Chino LLC, 312 Broadway, Suite 204, Long Beach, CA 92651 1v~ot~on: Buffa/Velasquez Agent: Serena Elliot, Southern Cal Real Estate, 15901 Red Hill Avenue, Suite 204; Tustin, CA 92780 _ . > VOTE:.6-0 Location: 464 South Anaheim Hilis Road. Property is approximately Commissioner Karaki 10.6 acres; located north and east of the northeast of Nohl absent ' Ranch Road and Anaheim Hills Road: Request to permit a retail market (fresh vegetables and fruit} within an existing commercial sh.opping center. Conditional Use PermitResolution Na Pro~ectPianner. (mnewland@anaheim. net) OPPOSITION: None ' bISCUSSIOtV TIME: This item was not discussed. • r - 07-25-05 _ Page 23 JULY 25, 2005 PLANNING COMMISSION MINUTES • 9a. SUBSEQUENT ENVIRONMENTAL 1MPACT REPORT NO. 332 AND UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 106A 9b. GENERAL PLAN AMENDMEWT NO. 2004-00420 (Tracking No. GPA 2005-00432) 9c. RECISSION IN-PART OF THE'RESOLUTION OF INTENT PERTAINING TO THE RECLASSIFlCATION OF THE NORTH NET FIRE TRAINING SITE ~MISCELLANEOUS CASE NO.' 2005=00115) 9d. RECLASSIFICATION NO.`2004-00134 9e. AMENDMENT TO THE PLATINUM TRIANGLE MASTER LAND USE PLAN (MISCELLANEOUS CASE NO. 2004-000891 9f. ZONING CODE AMENDMENT NO. 2004-00036 9g. AMENDMENT TO THE PLATINUM TRIANGLE STANDARDIZED DEVELOPMENT AGREEMENT (MISCELLANEOUS CASE NO. 2005-00114) Agent: - City Initiated, Pianning Department, 200 South Anaheim -- Boulevard, Suite 162, Anaheim, CA 92805 Location: The Piatinum Trianqie: The "Project Area" encompasses approximately 820-acres Iocated at the confluence of the Interstate 5 Freeway and the SR-57 Freeway, in the City of Anaheim in Orange County, California. The Project Area is located generally east of the Interstate 5 Freeway, west of the Santa Ana River channel and SR-57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit. ' • RTIFICATION OF SUBSE UEN7 ENVIRONMENTAL IMPACT REPORT N0. CE (~ 332 AND UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 106A - Request for Planning Commission to recommend to the City Council certification of Subsequent Environmental Impact Report No. 332, including adoption of a Statement of Findings of Fact, a Statement of Overriding Considerations and the Updated and Modified Mitigation Monitoring Program No. 106A for The Platinum Triangle. SEIR No: 332 has been prepared to serve as the primary environmental document for subsequent actions within the Project Area related to the adopted Platinum Triangle Master Land Use Plan, The Platinum Triangle Mixed-Use (PTMU) Overlay Zone and The Platinum Triangle Standardized Development Agreement. Implementation is intended to include, but not be limited to, the approval of subdivision maps, grading permits, street improvement plans, final site plans, development agreements and other related actions for properties located within The Platinum Triangle. Future developments that require additional discretionary review will utilize this document for CEQA purposes to the extent possible, consistent with Section 15162 of the CEQA Guidelines. This SEIR is also intended to provide the additional environmental documentation for proposed city-initiated amendments to the General Plan, The Platinum Triangle Master Land Use Plan, the PTMU Overfay Zone and the Standardized Platinum Triangle Development Agreement described below. Genera{ Plan Amendment No. 2004-00420 (Tracking No. GPA 2005-00432) - Request for Planning Commission to recommend to the City Council adoption of an amendment to the City of Anaheim General Plan Land Use and Circulation Elements to provide for the following: • Land Use Element: To (A) redesignate a 3.21-acre property located at the southeast corner of Orangewood Avenue and Rampart Street and further identified as 2400 East Orangewood Avenue ("North Net Fire Training Center") from the Office High to the JULY 25, 2005 PLAIdNING COMMISSION MINU7ES Mixed-Use land use designation and (B) to 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. This amendment would increase the maximum overall residential density from 9;175 to 9,500 dwelling units and the maximum overall commercial density from 2,04A,300 to 2,254,400 square feet. Circu~ation Element: To (A) redesignate a portion of Cerritos Avenue between State College Boulevard and Douglass Road from a Primary Arterial Highway (six lanes divided with no parking or four lanes `divided with left turn pockets and two parking lanes with a typical right-af-way;width of:106 feet) to a Secondary Arterial Highway (four undivided lanes with parking`on either side with a typical right-of-way`width of 90 #eet) to be consistent with the Orange County Master Plan of Arterial Highways and respective lane configurations; and (B) to provide for Gene Autry Way be4ween ' Setmor Lane and State College Boulevard to be up to 170 feet in width to provide for the construction of the "Grand Parkway" (this segment of Gene' Autry Way is '' designated as aPrimary Arterial with a current typical width of up to 106 feet). Miscellaneous Case Na 2005-00115 -Request for Planning Commission to rescind in part Resolution No. PC2004-83 and recommend that the City Council rescind in part Resolution No. 2004-180 pertaining to Reclassification No. 2004-00127 in order to rescind resolutions of intent pertaining to the reclassification ofia 3.21-acre property located at the southeast corner of Orangewood Avenue and Rampart Street and further identified as 2400 East Orangewood Avenue ("the North Net Fire Training Center") from the PR (Public Recreational) Zone to the O-H (High Intensity Office) Zone. Reclassification No. 2004-00134 - Request for Planning Commission to reclassify a 321-acre property located at the southeast corner of Orangewood Avenue and Rampart Street and further identified as 2400 East Orangewood Avenue ("the North ~ Net Fire Training Center") from the PR (Public Recreational) Zone to the PR (PTMU) (Public Recreation - Platinum Triangle Mixed-Use Overlay) Zone. Amendment to The Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2005-00089~ - Request for Planning Commission to recommend to the City Council adoption of an amendment to The Platinum Triangle Master Land Use Plan to incorporate the following: an adjustment to the boundaries of the mixed-use districts to include the North Net Fire Training Center in the PTMU Overlay Zone Gateway District and add 325 units to said district (321 of said units would be designated for the North Net Fire Training Center); a modification to the PTMU Overlay Zone commercial density to add 210,100 square feet of additional commercial square footage (190,000 square feet of this square footage 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); and, additional technical refinements and clarifications, including, but not limited to, refinements to street cross-sections and density descriptions to reflect the above-noted changes. Zoning Code Amendment No. 2004-00036 - Request for Planning Commission to recommend to the City Council adoption of an amendment to the PTMU Overlay Zone to incorporate the following: an adjustment to the boundaries of the mixed-use districts to incfude the North Net Fire Training Center in the PTMU Overlay Zone Gateway District and add 325 units to said district (321 of said units would be designated for the North Net Fire Training Center); a modification to the PTMU Overlay Zone commercial density to add 210,100 square feet of additional commercial square footage (190,000 square feet of this square footage would be designated for future required ground • floor commercial uses on Market Street and Gene Autry Way in the KateAa and Gene :Autry Districts and 20,000 square feet for other commercial uses in the Katella District); antl, additional technical refinements and clarifications, including, but not 07-25-05 Page 25 JULY 25, 2005 PLANNING COMMISS{ON MINUTES limited to, refinements to density descriptions to reflect the above-noted changes and ~ other City Code,requirements (theproposed changes are set forth in Appendix C to Subsequent EIR No. 332). Amendment to The Platinum Triangle Standardized Development Agreement (Miscellaneous Case No. 2005-00114) = Requestfor Planning Commission to recommend to 4he City Council adoption of refinements #o ThePlatinum Triangle Standard Development Agreement to reflect mitigation measure requirements set forth in the Updated and Modified Mitigation Monitoring Program No. 106A, editorial ' refinements and updated fees. Environmental Impact Report Resolution Na General Plan Amendment Resolution Na Reclassification Resolution No. Zoning Code Amendment Resolution Na ' Miscellaneous Case Na 2005-00115 Resolution No. ` Miscellaneous'Case No. 2004-00089 Resolution No. - ProiectPianner: , Miscellaneous Case No. 2005=00114 ReSOlution No. (vnorwood@anaheim.net) OPPOSITION: None • DISCUSSION TIME: This item was not discussed. • ; 07-25-05 Page 26 '! JULY 25, 2005 PLANNING COMMISSION MINUTES • 10a. CEQA Categoricai Exemption - Class 21 velasquez/Flores : Concurred with staff 10b. Conditional Use Permit No. 2005-04960 velasquez Approved'to revoke ~rackina No. CUP2005-05006) CUP Owner: Juan Gastro, Victory 0utreach, 2230 West Colchester Drive, 1-5, Anaheim, CA 92804 VOTE: 5-0 Location: 2230 West Colchester Drive, Suites 1-5, Property is Commissioners Karaki and approximately 0.87-acre, located at the southwest corner of Perez absent Colchester Drive and Colony Street (Victory 0utreach Church. ' ''. A City-initiated request to consider the revocation or modification of . Conditional Use Permit No: 2004-04960 (for a previously-approved church ' in conjunction with a commercial retail center). ProjectP~anner. Conditional Use Permit Resolution No. PC2005-112 ppramirez@anaheim.net) Chairman Eastman opened the public hearing. John Ramirez, Associate Planner, introduced Item Na 10 and stated because of the extensive code' ' enforcement history, staff conducted several site visits and inspections. October 2004, the Fire ' Department, Building Division, Planning Department, Community Preservation and City Attorney's Office visited all the tenant spaces, with the exception of the bar and nail salon which are the only permitfed uses on the property. After Building DepartmenYs review of the structure alterations, staff determined there ~ would be a need for further evaluation by an architect or engineer to determine if modifications hadan impact on the safety of the interior space. Staff also noticed the church's tenant space had 158 chairs, when it was developed to house a maximum of only 49 people within a given space. Fire Department was concerned because it wasn't designed for assembly use and the curtains and window dressings weren't rated for fire retardant. The locking and exiting mechanisms were not up to code. In the conditions of approval for the conditional use permit that was approved in March 2005, staff included a condition that identified several items that were observed at the physical inspection. Items such as adding numbers in front of the building, requiring applicant hire a licensed architect to evaluate structural , integrity of the building due to the unpermitted modifications and various other internal tenant improVement issues related to openings and masonry wall that may or may not be reinforces, upgrading restrooms, , exiting doors, mechanical, plumbing and electrical changes done without appropriate review by the Building Division. Applicant/owner have known about issues since October of last year and up until this point, none of these issues, except for the most minor have been resolved. Applicant had 60 days to comply with conditions of approval, to date they have not been resolved or addressed. As recent as July 15'h, applicant was still ; conducting services with more than 49 people. Cars were double parked and blocking others from being able to exit. Staff recommends that the Planning Commission revoke the conditional use permit based on the fact that this particular condition has not been completed as specified by May 20, 2005, and use is being exercised contrary to conditions of approval and being in violation of the Uniform Building Code and Fire Code. The applicant forwarded a letter which he sent to the property owner indicating they were going to vacate the property within 30 days, but staff has no confirmation that it is going to happen: Applicant's Statement: Paula Acosta Elias, 961 N. Fairview, Anaheim, CA, stated she is representing 2230 West Colchester Drive ~ in Anaheim. They hired two engineersand both of the engineers indicated that they should move out and ` find another location because the building needed extensive work. The congregation does exceed 07-25-05 Page27 JULY 25, 2005 PLANNING COMMISSION MINUTES occupancy limit so even if they complied with City's request for changes, they are still in violation. They '~ submitted their 30-day notice and are trying to move out as soon as possible. They have no intention of staying and are in the process of looking for another location. ` THE PUBLIC HEARING WAS CLOSED, Commissioner Flores advised the applicant to come into the City when they do find a new location in order to check if it fits before spending a lot of money. Commissioner Velasquez advised they need to comply with the parking and capacity restriction until they move out because they_are jeopardizing people'slives, and the cars should not be double parked. Paula Elias stated the double parked cars are not theirs. The business next door, Narcotics Anonymous, are the ones who double park. The church has security there to make sure no one double parks. Commissioner Romero asked staff if the new owners will have to make repairs to the _building; Greg McCafferty, Principal Planner, stated it depends on a number of things., With regard to the modifications that have been made to the building without permits, they will have to get permits. Other modifications that will need to be done depend on the occupancy of that particular business. OPPOSITION: None ~', Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on l'uesday, Augusf 16, 2005. DISCUSSION TIME: 24 minutes (5:11-5:35) Respectfully submitted: _ ~i ~ 6y F,,,~ t~.ti+„~,,. Simonne Fannin P/T Senior Office Specialist Received and approved by the Planning Commission on ~s e bt , 2005.