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Minutes-PC 2007/11/14• ~04 ~. ~ U I ~NEI/1~ P c,~ _ lrc, 0 D Wednesday, November 14, 2007 • • ~o ~ ~~ Y~~ \NDED~ Commissioners Present: Commissioners Absent: City of Anaheim Planning Commission Minutes Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California Chairman: Kelly Buffa Peter Agarwal, Gail Eastman, Joseph Karaki, Panky Romero, Pat Velasquez Stephen Faessel Staff Present: CJ Amstrup, Planning Services Manager Mark Gordon, Assistant City Attorney Judy Dadant, Senior Planner John Ramirez, Senior Planner Elaine Thienprasiddhi, Associate Planner Kimberly Wong, Planner Sandip Budhia, Associate Engineer Elly Morris, Senior Secretary Grace Medina, Senior Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 2:00 p.m. on Thursday, November 8, 2007, 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, October 18, 2007 • Call To Order • Preliminary Plan Review 2:00 P.M. • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE NOVEMBER 14, 2007 AGENDA • Recess To Public Hearing • Reconvene To Public Hearing 2:30 P.M. Attendance: 14 • Pledge Of Allegiance: Commissioner Velasquez • Public Comments • Consent Calendar • Public Hearing Items • Adjournment H:\TOOLS\PCADM I N\PCACTIONAGENDA\2007M1 NUTES\AC111407.DOC NOVEMBER 14, 2007 PLANNING COMMISSION MINUTES • Anaheim Plannin Commission A enda - 2:30 P.M. 9 9 Public Comments: Chairman Buffa advised the public that they would have an opportunity to speak on any item not on the agenda for the day but within the purview of the Planning Commission. She then asked if there was anyone who would like to make a public comment. A total of four people spoke pertaining to a conditional use permit requirement to operate Integrity Housing, at 921 S. Beach Blvd. Some of the speakers voiced support for the permanent housing facility for developmentally disabled adults. Jimmy Gaston, President of Anaheim Supportive Housing for Senior Adults, stated that he represents a Community Housing Development Organization focused on building new affordable housing for persons with special needs. The organization was formed in 2000 by members of the Anaheim Collaboration to assist motel families. In 2004, they opened Tyrol Plaza Senior Apartments to provide affordable housing for seniors. These seniors are homeless and disabled with very low incomes. Last year, they set out to develop a community that will be reserved for adults with disabilities. The organization found a one story motel on Beach Boulevard that has been meticulously maintained by its owners. The wners of the motel have raised their children there and cared for their elderly immigrant parents. It is a charming Inn that was built with 48 units plus the manager's apartment. During the fourth quarter of last year, before they entered escrow to buy the property, they met with Council Members Hernandez, Chavez, Sidhu and Kring. On November 21, 2006, Council Member Chavez hosted a meeting on the seventh floor of City Hall that included Greg McCafferty from the Planning Division. They determined that the property did not need any discretionary approvals. The applicant indicated that a letter memorializing that conversation dated November 21, 2006, is included in a package that he provided to the Commission at the hearing. In February of this year, they needed written confirmation of that determination for a loan application to the State Housing Agency. Mr. McCafferty referred them to Dave See, Senior Planner. Mr. See completed a State form and wrote a letter that is also in the package submitted to the Commission. Since then they have spent significant time and money pursuing the project that has raised the hopes of many potential candidates for residency. He indicated that last month, they received an a-mail from the Planning Division that reverses the previous determination. The a-mail indicated that they must apply for a Conditional Use Permit. He indicated that this change was difficult for the organization. They have spent over $78,000 in pursuit of the project and countless hours of staff time. He indicated that the project has not changed since it was first described to the four Council Members and Mr. McCafferty a year ago. They believe the initial oral and written reports of Mr. McCafferty and Mr. See were correct. They feel that the new reversal of opinion is unfair to them and to the disabled persons that will live in their project. 11 /14/07 Page 2 NOVEMBER 14, 2007 PLANNING COMMISSION MINUTES ~he City's HUD Annual Plan, sites a need of over 70,000 units for the population in Anaheim. hey would like to move forward with a 48-unit contribution to that need. That will only happen if they can get through the "red tape" that has suddenly appeared. Cathy De Mello, Executive Director of Integrity House, stated that this is a program that serves over 100 people with developmental disabilities. Integrity House represents 70,000 people with developmental disabilities looking for housing. Orange County rent is astronomical right now. Every day Integrity House will have to put somebody on a "couch" or find someone who is willing to put them up. Integrity Mouse has a few disabled persons that would like to speak on behalf of all of the people with developmental disabilities in Orange County. Anthony Almendarez, a member of Integrity House, stated that he is a single individual who has come out of the foster care system practically left for dead. Without a place like Integrity House he would have to resort to "couch surfing", not knowing where he would sleep from one night to the next. He would not have to worry where his next meal would come from at a place like the Integrity House. People with disabilities have concerns over where they will eat and sleep. The basic necessities are lacking for disabled people who cannot manage a place to stay. He expressed support for the project. It is important to everyone in the community including the homeless and members of the Integrity House. He would like Commission to consider approval on everyone's behalf. ~ary Frazier, Acacia Housing Advisor, 6445 Joshua Tree, Orange, stated he is the third party f the professional team that is trying to build this project. Mr. Gaston represents the local Non-Profit Community Housing Development Corporation. Ms. De Mello represents a service provider that will assist with the long term residency for the disabled. Since they have received the a-mail reversing the Planning Department's decision, he has had several meetings and telephone discussions with staff. After reviewing the a-mail, they reminded staff that they have no intention of removing the parking. They understand that if they want to remove parking, it would require a Conditional Use Permit. Secondly, they reminded staff that they never planned any physical therapy or occupational therapy on the property. Thirdly, they offered to remove the resident service coordinator, a full time social worker proposed to be on-site five days a week. He indicated if that position violates a zoning provision, they will remove that person. Mr. Frazier indicated that the residents would be people that currently live independently in the community. He asked for staff to work with the organization to craft a project that would not require a Conditional Use Permit; preventing another delay in beginning this project. He asked that staff work with them as they did with the building height and setback issues on other projects. He indicated that they were told by the City that a CUP is required because of proposed changes to the site plan and because they intend long term stays in a location that the City intends for commercial use. The physical changes that they proposed to the ~roperty are summarized on the first sheet of the document presented to the Commission. Part of the project includes plans to revert the property to its original condition by removing 11 /14/07 Page 3 NOVEMBER 14, 2007 PLANNING COMMISSION MINUTES ~ive rooms that were added in 1969. He addressed the City's intended use for the land since 2004 and stated that this property has been designated as residential, under the Land Use Element Plan of the City's General Plan. Mr. Frazier indicated that they feel like they are negotiating against a moving target and cannot figure out why. He requested that the Commission do whatever is in their power to review the series of events with staff and the Planning Services Division. They believe that the Commission might be able to help them obtain a fair and accurate assessment of their project in a more expeditious manner than a formal application for a Conditional Use Permit. He indicated he was pleased to answer questions now or in a private meeting with each of the Commissioners. Chairman Buffa reminded the public that the Commission is not allowed to take any action on an item that is not advertised on their agenda. She appreciated that this was brought up to the Commission and encouraged Integrity House to continue their dialogue with staff. Commission will follow up with staff outside the hearing. They will try to help facilitate their needs as well as the City's needs so that this may work. Chairman Buffa asked John Ramirez, Senior Planner, if he would like to add anything during this hearing since he was the one who wrote this a-mail. She advised him that he may follow up with Commission at a later time. ~ohn Ramirez, Senior Planner, stated that it would be appropriate if he followed up after the meeting. Chairman Buffa advised the public that this issue will be discussed with staff. • 11 /14/07 Page 4 NOVEMBER 14, 2007 PLANNING COMMISSION MINUTES .Consent Calendar: Commissioner Eastman offered a motion, seconded by Commissioner Karaki and MOTION CARRIED, for approval of Consent Calendar Items 1A and 1 B as recommended by staff. UNANIMOUSLY APPROVED. 1A. (a)CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) ~ Approved (b) CONDITIONAL USE PERMIT N0.4177 Approved (TRACKING NOS. CUP2007-05221 AND CUP2007-05267) Agent: EMI 4737 West 156th Street Motion: Eastman/Karaki Lawndale, CA 90260 VOTE: 6-0 Location: 1303-1371 North Euclid Street Commissioner Faessel Absent Request review and approval of a final sign plan for an existing ProJecrP~anner. auto dealership. (kwong2(a~anaheim.net) • 11 /14/07 Page 5 NOVEMBER 14, 2007 PLANNING COMMISSION MINUTES .Minutes 1 B. Receiving and approving the Minutes from the Planning Commission Meeting of October 29, 2007. (Motion) • Approved Consent Calendar Approval VOTE: 6-0 Commissioner Faessel Absent 11 /14/07 Page 6 NOVEMBER 14, 2007 PLANNING COMMISSION MINUTES 2a. CEQA NEGATIVE DECLARATION Velasquez/Eastman 2b. CONDITIONAL USE PERMIT NO. 2007-05259 Velasquez Owner: Patrick J. and Terry L. Meurs 17980 Via Buena Vida Yorba Linda, CA 92886 Agent: Sequoia Deployment Services Att: Paul Gerst 1 Venture, Suite 200 Irvine, CA 92618 Location: 528 South Central Park Avenue West: Property is approximately 0.38-acre, having a frontage of 127 feet on the east side of South Central Park Avenue West and located 379 feet south of Santa Ana Street. Request to construct a telecommunications facility disguised as a • palm tree with accessory ground-mounted equipment. Conditional Use Permit Resolution No. PC2007-139 Approved Approved, added a condition of approval VOTE: 6-0 Commissioner Faessel Absent Project Planner.• (kwong2@anaheim. net) Kimberly Wong, Planner, presented the staff report. She read one new condition of approval into the record stating "That prior to issuance of building permits, all outdoor storage shall be removed in compliance with code." Chairman Buffa opened the public hearing. Paul Gerst, Sequoia Deployment Services, One Venture Suite #200, Irvine, stated that he is representing Omnipoint T-Mobile, the applicant. T-Mobile has reviewed the conditions of approval and T-Mobile will accept all the conditions. He has spoken to the landlord about the outdoor storage condition. The landlord believes he may have a specific approval in his conditional use permit which allows some percentage of that. The landlord is willing to accept the condition subject to whatever pre-existing right he has on that property. He will answer any question addressed by Commission. Chairman Buffa stated that the Commission has questions that came up in the preliminary meeting. Commissioner Agarwal addressed Mr. Gerst and pointed out that he is looking at the three drawings provided to the Commission. He stated that one drawing is without the proposed Facility, one with the facility, and one final. He noticed some blind spots along West Street and also Ball Road. For future development, he wondered if there would be something that 11 /14/07 Page 7 NOVEMBER 14, 2007 PLANNING COMMISSION MINUTES ~ould be done to have coverage in those blind spots. He wondered if these spots were covered by another vendor. He is concerned how the blind spots will be covered. Paul Gerst stated that the map identifies existing sites and the proposed site is located in the center of the map. He knows there is another proposed facility along the 5 Freeway and Brookhurst Avenue. The larger areas of limited coverage are proposed for new facilities as well. The colors on the legend of the map show that green represents service within the building. Yellow represents the coverage strength that will get into a vehicle. The gray indicates service outdoors. The white color indicates spotty or poor coverage. There are additional sites to the north but he is unsure of the areas to the south. He has observed the need to go into the residential areas because they only have outdoor coverage. People are trying to use the phones inside their home where the coverage is not that good. They have received calls complaining about coverage and that is the reason they have installed facilities in a few Anaheim parks as well. He asked if he answered the Commissioner's question. Commissioner Agarwal replied it did not answer his question. Paul Gerst pointed out the white spot on the map. He stated that the spot may be an area that may have problems with coverage. T-Mobile had meetings with staff to explore using the right-of-way for smaller micro-cell sites and determined that it would be a good solution. He suggested that they could place something on a street light that would provide the coverage needed for that area. commissioner Agarwal wanted to know if T-Mobile would be considering another request to cover those spots. He was concerned with the coverage. He indicated that his main concern was providing coverage throughout the City so that everybody can get access. Paul Gerst stated that they would propose more macro-cell sites in the larger areas which can be seen on the map. These sites cover a large footprint. The micro-cells cover a much smaller footprint because of limited height. The height is what impacts the spread of coverage. Commissioner Agarwal asked when they design new antennas if they try to go out as far as possible with the height. Paul Gerst replied that each of the carriers has a certain amount of frequency that they are able to use. The nature of a cell network is that the frequency is repeatedly reused. These are very low powered two-way radio stations. They have a limited transmission. For example, the site being discussed would have a certain series of operational frequencies. Those frequencies will be reused three or four miles away. The facility is designed with low power to avoid interference issues. As more people use the phones, there is a limited number of radios and call capacity for an individual cell site. The power output of that cell site is limited by the FCC. With more call traffic and more radios, the coverage footprint of the facility starts to shrink and the holes start to appear. These new search rings are being laced in between them to fill those gaps and provide the coverage and capacity in order to ~arry the network and the calls. 11 /14/07 Page 8 NOVEMBER 14, 2007 PLANNING COMMISSION MINUTES commissioner Agarwal agreed and wanted to know if the antennas are scaleable in capacity. Paul Gerst replied it would be to a limited degree. T-Mobile's network uses the GSM technology and can carry 512 simultaneous phone calls. The micro-cell can carry sixteen antennas.. The micro-cell works great in hilly environments, where there are topography challenges which would block the signal. It also works well in residential areas where there is not a lot of capacity. Macro-cell designs are usually used in areas along freeways. Chairman Buffa closed the public hearing. Commissioner Velasquez offered a motion, seconded by Commissioner Eastman to approve a CEQA Negative Declaration for the project. Motion passed with 6 ayes votes (Commissioner Faessel absent). Commissioner Velasquez offered a resolution to approve Conditional Use Permit No. 2007- 05259 including the condition read into the record by staff. Grace Medina, Senior Secretary, announced that the resolution passed with 6 ayes votes (Commissioner Faessel absent). APPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, December 6, 2007. DISCUSSION TIME: 11 minutes (2:42 to 2:53) U 11 /14/07 Page 9 NOVEMBER 14, 2007 PLANNING COMMISSION MINUTES • 3a. CEQA NEGATIVE DECLARATION Romero/Agarwal Approved 3b. WAIVER OF CODE REQUIREMENT Romero/Agarwal Approved 3c. CONDITIONAL USE PERMIT N0.2334 Romero Approved (TRACKING NO. CUP 2007-05260) Owner: Ottis E. and Elinor D. Pittman 1621 North Lindendale Avenue Fullerton, CA 92831 VOTE: 6-0 Commissioner Faessel Absent California Auto Dealers 1320 North Tustin Avenue Anaheim, CA 92807 Agent: Tim Van Dam CADE 3185 Pullman Avenue Anaheim, CA 92626 Location: 1320 North Tustin Avenue and 1401 North Jefferson Street: Property is approximately 36- • acres, having frontages on Tustin Avenue and Jefferson Street, with a frontage of 1,455 feet on the east side of Tustin Avenue, 351 feet south of Orangethorpe Avenue and a frontage of 250 feet on the west side of Jefferson Street, 697 feet south of Orangethorpe Avenue. Request to permit an additional outdoor automotive storage yard for an existing vehicle auction facility with waiver of minimum setback for outdoor storage and fencing. Conditional Use Permit Resolution No. PC2007-140 ProjectPlanner.• (ethien@anaheim. net) Elaine Thienprasiddhi, Associate Planner, presented the staff report. Chairman Buffa opened the public hearing. Dennis McCollough, Architect for California Auto Dealership Exchange, stated that he has been working with the operator on this expansion. The 4.9 acres is contiguous to the main lot. The lot will be used for the delivery of vehicles. The cars will then be moved into the auction lot every Wednesday for auctioning. The delivery will be by transporter from Jefferson Street. The transporters will accommodate two to ten cars and will leave mmediately after unloading. The cars will be moved onto the lot, checked in and then ~oved to the main lot. The vehicles parked on that lot will not remain for more than the week 11 /14/07 Page 10 NOVEMBER 14, 2007 PLANNING COMMISSION MINUTES !between auctions. There will always be vehicles on the lot. The vehicles constantly move in and out, as required for the operation. Mr. McCollough asked if there were any questions. Chairman Buffa closed the public hearing. Commissioner Romero offered a motion, seconded by Commissioner Agarwal to approve the CEQA Negative Declaration. Motion passed with 6 ayes votes (Commissioner Faessel absent). Commissioner Romero offered a motion, seconded by Commissioner Agarwal to approve the waiver related to setbacks for the outdoor storage and fencing adjacent to an arterial street. Motion passed with 6 ayes votes (Commissioner Faessel absent). Commissioner Romero offered a resolution to approve the amendment to the Conditional Use Permit No. 2334. Grace Medina, Senior Secretary announced that the resolution passed with 6 ayes votes (Commissioner Faessel absent). • OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, December 6, 2007. DISCUSSION TIME: 4 minutes (2:54-2:58) • 11 /14/07 Page 11 NOVEMBER 14, 2007 PLANNING COMMISSION MINUTES MEETING ADJOURNED AT 2:59 P.M. TO MONDAY, NOVEMBER 26, 2007 AT 1:00 P.M. FOR PRELIMINARY PLAN REVIEW AND A WORKSHOP ON GREATER DOWNTOWN ANAHEIM GUIDELINES FOR DEVELOPMENT. Respectfully submitted, • Grace Medina Planning Commissioner Secretary Received and approved by the Planning Commission on ~' ~ ,2007. n 11 /14/07 Page 12