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Minutes-PC 2007/11/26~ /~4 ~. ~ ~ ~~ ~~i E 1 l~j P~ c~ - lr.c, 0 ~ ~ _ D Mondav, November 26, 2007 ~ • ~o ~ ~~ ~~^ ~NDED ~~ Commissioners Present: Commissioners Absent: Planning Commission Minutes Agenda Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California Chairman: Kelly Buffa Peter Agarwal, Gail Eastman, Stephen Faessel, Joseph Karaki, Panky Romero, Pat Velasquez None Staff Present: CJ Amstrup, Planning Services Manager Linda Johnson, Principal Planner Dave See, Senior Planner John Ramirez, Senior Planner Della Herrick, Associate Planner Scott Koehm, Associate Planner Kim Wong, Planner Jamie Lai, Principal Civil Engineer Mark Gordon, Assistant City Attorney Grace Medina, Senior Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 11:00 a.m. on Wednesday, November 21, 20p7, 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, November 1& 15, 2007 Orange County Register Newspaper on Sunday, November 11, 2007 • Call to Order • Preliminary Plan Review 1:00 P.M. • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE NOVEMBER 26, 2007 AGENDA • Workshop on Greater powntown Anaheim Guide for Development • Recess to Public Hearing • Reconvene to Public Hearing 2:30 P.M. Attendance: 32 • Pledge of Allegiance: Commissioner Faessel • Public Comments • Consent Calendar • Public Hearing Items • Adjournment NOVEMBER 26, 2007 PLANNING COMMISSION ACTION AGENDA • Anaheim Planning Commission Agenda - 2:30 P.M. Workshop: The Planning Commission held a workshop related to the "Greater powntown of Anaheim-Guide for Development." The Guide describes the vision for the Greater Downtown as creating a recognizable urban city center; a public place that is dense, urban, livable, active, diverse and worth visiting. Intended user groups of this document would include residents, project developers, Redevelopment Agency and City staff, and public officials. The Guide would assist all these groups in collectively determining appropriate design measures for particular projects. The Guide suggests a series of improvements including creation of a recognizable hierarchy of streets; expanded art, landscape, open space and appropriate site design at the street level which encourages pedestrian activity. The Guide contains development recommendations in three major categories: urban design, landscape design, and traffic/transportation. The Guide concludes with a series of recommended actions to achieve the vision for the Greater Downtown. The Commission discussed the implementation and funding of the Guidelines, traffic calming and circulation, and public art requirements. ~ Public Comments: Consent Calendar: Commissioner Velasquez offered a motion, seconded by Commissioner Eastman and MOTION CARRIED, for approval of Consent Calendar Items 1A through 1C as recommended by staff. UNANIMOUSLY APPROVED. Reaorts and Recommendations • ~A. (a) CEQA CATEGORICAL EXEMPTION SECTION 151061(b)(3) (b) GREATER DOWNTOWN OF ANAHEIM GUIDE FOR DEVELOPMENT (TRACKING NO. MIS 2007-00228) City-initiated request by the Community Development Department for a recommendation to City Council for approval of the Greater Downtown of Anaheim-Guide for Development Approved Approved Consent Calendar Approval VOTE: 7-0 Project Planner. (dherrick@anaheim. net) 11 /26/07 Page 2 • ~ u NOVEMBER 26, 2007 PLANNING COMMISSION ACTION AGENDA ~B. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (b) CONDITIONAL USE PERMIT NO. 2007-05243 (TRACKING NO. CUP 2007-05275) Agent: John Pedicini 20051 Cypress Street Newport Beach, CA 92659-5033 Owner: The Zachary Taylor Pedicini Trust ATTN: John Pedicini P.O. Box 15033 Newport Beach, CA 92659-5033 Location: 1841 West Lincoln Avenue Requests review and approval of final elevation plans for a previously-approved expansion of a commercial retail center Approved Approved Consent Calendar Approval VOTE: 7-0 Project Planner.• (kwong2@anaheim. net) 11 /26/07 Page 3 NOVEMBER 26, 2007 PLANNING COMMISSION ACTION AGENDA L_J Min ~ r~ LJ ~c. Receiving and approving the Minutes from the Planning Commission Meeting of November 14, 2007 (Motion) Approved Consent Calendar Approval VOTE: 6-0 Commissioner Faessel abstained as he was not present for the meeting. 11 /26/07 Page 4 NOVEMBER 26, 2007 PLANNING COMMISSION ACTION AGENDA ~ Public Hearing Items: 2a. CEQA NEGATIVE DECLARATION Romero/Faessel 2b. CONDITIONAL USE PERMIT NO. 2007-05264 Romero Owner: Sunkist Community Church 701 South Sunkist Street Anaheim, CA 92806 Agent: John Koos 2923-A Saturn Street Brea, CA 92821 Location: 701 South Sunkist Street: Property is approximately 3.4-acres, located at the southwest corner of the intersection of Sunkist Street and South Street with frontages of 420 feet on the south side of South Street and 350 feet on the west side of Sunkist Street. ~ Request to construct a telecommunications facility disguised as a pine tree, or other object, with a height that exceeds thirty feet and with accessory ground-mounted equipment. Conditional Use Permit Resolution No. PC2007-141 Chairman Buffa opened the public hearing. Kim Wong, Planner, presented the staff report. Approved Approved Modified Condition No. 13 VOTE: 7-0 Project Planner. (kwong2@anaheim. net) John Koos, 2923-A Saturn Street Brea, 92821. He stated that he processed 15 Metro PCS facilities in the last two years, while this was a free standing facility, the previous 14 facilities were roof top facilities, co-locations on existing towers, or Southern California Edison towers. Poles were their last resort. In this vicinity, after exhausting one potential co-location, they had to resort to a new free standing facility. The Lamb of God Church across the street had a similar free standing facility. They proposed a Faux Tree on this property after they tried to figure a way of integrating something into the existing church. There was no clean way of running cables from their radio cabinets to the antennas without ruining the nature of the church on the inside. His companion considered a cross of some kind but there were finro reasons he proposed a mono-pine. The church planned an outdoor picnic area or gathering space and they ~ wanted to reserve that area. 11 /26/07 Page 5 NOVEMBER 26, 2007 PLANNING COMMISSION ACTION AGENDA ~ The perimeter of the property had a number of mature pine trees. There were front yard set-backs issues they could not place their mono-pine in that area. The second reason was that the area was desirable. They developed a co-locatable structure for a second carrier to use. They discussed this issue about this facility with Verizon. The City's intent was to encourage co-location. They agreed with staff to plan trees. Mr. Koos stated that the challenge with planting pine trees was that they could not plant mature trees because they were less likely to survive. With respect to the photo there were three or four views. He had staff pick the points so that no one could accuse him of manipulating the system. Commissioner Faessel stated that immediately across South Street there was another church property and it was his understanding that they had a stealth site in that. Mr. Koos responded that they had a faux bell tower. Commissioner Faessel wanted to know if there had been away they could co-locate on that structure. Mr. Koos responded that the structure was 50 feet tall. They needed vertical separation between them and other carriers for interference reasons. That would put them down about 32 feet which would not work. Metro PCS goal is the neighborhood and the 57 ~ freeway so they would need to be higher than the structure of the church. Commissioner Faessel asked what the height of the rooftop of the church was. The rooftop was a 40 or 45 feet at the study session and he wanted that confirmed. He wanted to have a better understanding of the heights of the various structures, so that he had a clear picture of what a 70 foot structure may look like in this parcel. Mr. Koos stated that according to the survey the curb at the corner of Sunkist and South was at 72 feet above sea level. The difference would be about 50 feet. John McKinney, 2430 Bethel Drive, 92806. He stated that his house was on the south side of the street. He was interested in the vision from his house. He wondered if there was information on that. Chairman Buffa showed him that there was a photo simulation that does show the view from his general location. Mr. McKinney wanted to know the height of pine trees along Sunkist and South Street. Chairman Buffa pointed out that there was another photo simulation showed the height of the proposed mono-pine relative to the utility poles. • Kim Wong stated that the trees were 40 feet tall. 11 /26/07 Page 6 NOVEMBER 26, 2007 PLANNING COMMISSION ACTION AGENDA ~ Mr. McKinney wanted to know this information because he owned three houses on the street. If it deterred renters he would be opposed. Mr. Koos stated that the mono-pine technology had come along way. There were two that he referenced in the City of Yorba Linda. One was located at the Methodist Church and the other at a shopping center. Those finro were good and it was hard to tell that they were not real. He suggested anyone to drive by as they were hard to recognize. The problem was a spotty job in the past. Chairman Buffa wanted to know if the mono-pine was on Yorba Linda Blvd. Mr. Koos stated that was correct. Chairman Buffa stated that she could not tell it was there. She thought it would be to their benefit if Commission had pictures of this for the future. She stated that other locations had poor mono-pine that looked strange and a picture would help them to have a better perspective. Chairman Buffa closed the public hearing. Commissioner Romero offered a motion, seconded by Commissioner Faessel to approve the CEQA Negative Declaration. Motion passed with 7 aye votes. ~ Commissioner Romero offered a resolution to approve the Conditional Use Permit No. 2007-05264 with a change to condition 13 read into the record by staff. Grace Medina, Senior Secretary, announced that the resolution passed with 7 aye votes. OPPOSITION: A telephone call was received prior to the meeting with concerns pertaining to the request. IN GENERAL: A person spoke regarding the visibility of the monopine. Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, December 18, 2007. DISCUSSION TIME: 24 minutes (2:51 to 3:13) ~ 11 /26/07 Page 7 NOVEMBER 26, 2007 PLANNING COMMISSION ACTION AGENDA ~ 3a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 313 Eastman/Agarwal Approved (PREVIOUSLY-CERTIFIED) 3b. PUBLIC CONVENIENCE OR NECESSITY NO. 2004-00016 Eastman Approved (TRACKING NO. PCN2007-00037) Owner: Anaheim Chile Operation, LLC 505 North Tustin Avenue, Suite 153 Santa Ana, CA 92705 VOTE: 7-0 Agent: RHL Design Group 2401 East Katella Avenue, #400 Anaheim, CA 92806 Location: 100 East Katella Avenue: Property is approximately .8-acre, located at the southeast corner of the intersection of Katella Avenue and Haster Street with frontages of 154 feet on the south side of Katella Avenue and 189 feet on the east side of Haster Street. Request to amend the conditions of approval for an existing service station convenience market pertaining to the hours of sale for alcoholic • beverages and required security guards. Public Convenience or Necessity Resolution No. PC2007-142 ProjectPlanner: (kwong2@anaheim. net) Kim Wong, Planner, presented the staff report. Tamara Fenner, RHL Design Group Inc., 2401 E. Katella # 400. She stated she was present to answer any question in regards to this project. The staff report was accurate in describing what it was they requested. When the project was originally approved the Boogie was a problem, however, now that it was closed it was no longer a problem. They requested the conditions be amended. Chairman Buffa closed the public hearing. Commissioner Eastman offered a motion, seconded by Commissioner Agarwal to approve CEQA Environmental Impact Report No. 313 to service the environmental documentation. Motion passed with 7 aye votes. Commissioner Eastman offered a resolution to approve an amendment to the determination of Public Convenience or Necessity 2004-00016. To delete conditions of approval pertaining to the hours of sale of alcoholic beverages and required security ~ guard. Grace Medina, Senior Secretary, announced that the resolution passed with 7 aye votes. 11 /26/07 Page 8 NOVEMBER 26, 2007 PLANNING COMMISSION ACTION AGENDA ~ OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, December 18, 2007. DISCUSSION TIME: 4 minutes (3:14 to 3:18) ~~ • 11 /26/07 Page 9 NOVEMBER 26, 2007 PLANNING COMMISSION ACTION AGENDA C~ ~ 4a. CEQA NEGATIVE DECLARATION Agarwal/Karaki Approved (PREVIOUSLY-APPROVED) 4b. CONDITIONAL USE PERMIT NO. 2005-04981 Agarwal Approved (TRACKING NO. CUP2007-05263) Owner: Anaheim Business Campus Attn: Robert Hamra 9862 Larson Circle Villa Park, CA 92861 Agent: The Place Banquet Hall VOTE: 7-0 175 West Cerritos Avenue Anaheim, CA 92805 Oscar Ramirez 12052 Jennifer Lane Garden Grove, CA 92840 Location: 167 and 175 West Cerritos Avenue: Property is approximately 10 acres, located at the southwest corner of Cerritos Avenue and Anaheim Boulevard with a frontage of 600 feet on the west side of Anaheim Boulevard. Request to reinstate a banquet facility with sales and service of alcoholic beverages and amend conditions of approval to remove a time limitation. Conditional Use Permit Resolution No. PC2007-143 ProjectPlanner: (skoehm@anaheim. net) Scott Koehm, Associate Planner, presented the staff report. Chairman Buffa opened the public hearing. Elliezer Gallardo, owner of The Place Banquet Hall, 175 W. Cerritos 92805. He stated that they hosted many events this holiday season for Taco Bell, AT&T, and Home Depot. It was a fun facility and they never had any issues. Anaheim Police Department comes by frequently and they hosted one of their events. They operate Friday through Sunday but during the week it was generally unused. They hoped to open up a kitchen so they could have a liquor license. I~ ~ Chairman Buffa closed the public hearing. Commissioner Agarwal offered a motion, seconded by Commissioner Karaki to approve CEQA Negative Declaration (Previously Approved). Motion passed with 7 aye votes. 11 /26/07 Page 10 NOVEMBER 26, 2007 PLANNING COMMISSION ACTION AGENDA ~ Commissioner Agarwal offered a resolution to approve amendment to Conditional Use Permit No. 2005-04981 to delete the time limitation. Grace Medina, Senior Secretary, announced that the resolution passed with 7 aye votes. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, December 18, 2007. DISCUSSION TIME: 3 minutes (3:19 to 3:22) L~ ~ 5a. CEQA NEGATIVE DECLARATION Karaki/Velasquez Approved (PREVIOUSLY-APPROVED) 5b. CONDITIONAL USE PERMIT NO. 3598 Karaki Approved (TRACKING NO. CUP2007-05262) Owner: Bradmore Realty Attn: John and David Bohn 721 Santa Monica Boulevard Santa Monica, CA 90401 VOTE: 7-0 Agent: Bill Hoganson 270 East Palais Road Anaheim, CA 92805 Location: 270 East Palais Road: Property is 4.5 acres, having a frontage of 80 feet on the south side of Palais Road and located 710 feet east of the centerline of Anaheim Boulevard. Request to reinstate Conditional Use Permit No. 3598 which permits a school in conjunction with a church and amend conditions of approval to remove a time limitation. Project Planner.• Conditional Use Permit Resolution No. PC2007-144 (skoehm@ananeim.net) Scott Koehm, Associate Planner, presented the staff report. Chairman Buffa raised a questioned about the appropriateness of removing the time limitation. She was concerned that schools within the industrial zones were not the 11 /26/07 Page 11 NOVEMBER 26, 2007 PLANNING COMMISSION ACTION AGENDA • intended use. She was concerned that it limits business opportunities within the industrial zone. She was reluctant to let that become a permanent issue. She asked staff if there had been legal constraints under their zoning about continuing to impose a time limitation on a use. Mark Gordon, Assistant City Attorney, responded that as long as the time restriction was imposed at the time the permit was issued such a time limitation would not be unlawful. Chairman Buffa opened the public hearing. James Bove, 270 E. Palais Road, 92805. He stated Calvary Chapel Anaheim School was happy where they were and hoped to stay there a long time. Chairman Buffa wanted to know if he had any interactions with the businesses around the Calvary Chapel School. James Bove stated that he had very little interaction. Chairman Buffa stated that her concern was that someone would want to open a foundry and could not because of the presence of children. James Bove stated they hadn't heard anything like that. • Chairman Buffa closed the public hearing. Chairman Buffa stated that she agreed and the applicant does not have complaints from the neighbors and the neighborhood should know they were there. Commissioner Eastman stated that she agreed. It seemed that this was an unlikely area that would present a problem for future industrial use around it. She was inclined to go with the staff recommendation. It was an additional expense and she wouldn't want to put that burden on the church and the school. Commissioner Velasquez agreed with Commissioner Eastman. She thought the concern that was raised was a valid one. She stated that Commission had to address how they would notify the property owners surrounding other applicants that would come before the Planning Commission. She stated that she was in favor of removing the time limitation. Chairman Buffa stated that when they send out public notice they should make it clear to the public what was proposed. Commissioner Romero commented that this had been in operation since 1993. There ~ were no issues brought up therefore he supported it. 11 /26/07 Page 12 NOVEMBER 26, 2007 PLANNING COMMISSION ACTION AGENDA ~ Commissioner Karaki offered a motion, seconded by Commissioner Velasquez to determine that the Previously Approved CEQA Negative Declaration to serve as the appropriate environmental documentation. Motion passed with 7aye votes. Commissioner Karaki offered a resolution to approve an amendment to Conditional Use Permit No. 3598 to delete the time limitation. Grace Medina, Senior Secretary, announced that the resolution passed with 7 aye votes. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, December 18, 2007. DISCUSSION TIME: 11 minutes (3:22 to 3:33) ~~ • 11 /26/07 Page 13 NOVEMBER 26, 2007 PLANNING COMMISSION ACTION AGENDA ~ 6a. CEQA NEGATIVE DECLARATION Eastman/Faessel Approved 6b. CONDITIONAL USE PERMIT NO. 2007-05233 Eastman Approved Owner: GRE Anaheim Tech Center 4425 Jamboree Road, #280 Newport Beach, CA 92660 Agent: Michael Keener Greenlaw Partners, LLC 4750 Von Karman Avenue Newport Beach, CA 92660 VOTE: 7-0 Wilber H. Smith III 4750 Von Karman Avenue Newport Beach, CA 92660 Location: 1045 South East Street: Property is approximately 13.5 acres, having a frontage of 480 feet on the west side of East Street and located 766 feet south of the centerline of Arlee Place. ~ Request to permit a banquet assembly hall to include the consumption of alcoholic beverages for an automotive museum and events center. Conditional Use Permit Resolution No. PC2007-145 Project P/anner: (dsee@anaheim.net) David See, Senior Planner, presented the staff report. Chairman Buffa opened the public hearing. Michael Keener,1045 S. East St. Mr. Keener stated that he had operated the private museum for 15 years. He estimated the maximum number of guests at about 200-250. He would do what ever it took to bring the building up to code. Commissioner Faessel stated that he attended a few events at the museum and it was a hidden gem that would be consistent with all of their other attractions in the Anaheim area. It had little visibility and anything they do to improve the visibility would be desirable. He asked if there would be desire to add a small catering kitchen. Mr. Keener replied not at this time. • Chairman Buffa wanted to know about KSPA Radio. 11 /26/07 Page 14 NOVEMBER 26, 2007 PLANNING COMMISSION ACTION AGENDA • Mr. Keener stated there were three radio stations ran out of the front of the building. The disk jockey and the programming were on site at 1045 S. East St. Chairman Buffa asked if they would stay in the building and continue to operate as it does now. Mr. Keener replied yes. Commissioner Karaki stated that he was sure their facility would provide an excellent venue for charitable organization to raise funds for causes in the Anaheim area. Chairman Buffa closed the public hearing. Commissioner Eastman offered a motion, seconded by Commissioner Faessel to approve CEQA Negative Declaration. Motion passed with 7 aye votes. Commissioner Eastman offered a resolution to approve the Conditional Use Permit No. 2007-05233. Grace Medina, Senior Secretary, announced that the resolution passed with 7 aye votes. ~~ OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, December 18, 2007. DISCUSSION TIME: 5 minutes (3:34 to 3:39) • 11 /26/07 Page 15 NOVEMBER 26, 2007 PLANNING COMMISSION ACTION AGENDA ~ 7a. CEQA NEGATIVE DECLARATION 7b. RECLASSIFICATION NO. 2007-00212 (READVERTISED) Eastman/Agarwal Eastman Approved Owner: Anaheim Place Partners, L.P. 6 Venture, Suite 100 Irvine, CA 92618 Agent: Anaheim Place Partners Attn: Roberto Brutocao 6 Venture, Suite 100 Irvine, CA 92618 Anaheim Redevelopment Agency C/O Elisa Stipkovich 201 South Anaheim Boulevard, Suite 1003 Anaheim, CA 92805 Approved VOTE: 7-0 . Anaheim Redevelopment Agency Attn: Greg Hastings 201 South Anaheim Boulevard, Suite 1003 Anaheim, CA 92805 Location: Portion A- 505 North Euclid Street: Property is approximately 1.02 acres, having a frontage of 420 feet on the west side of Euclid Street and located 30 feet north of the centerline of Westmont Drive. Portion B 1- 555 and 597 North Euclid Street: Property is approximately 0.6-acre, having a frontage of 300 feet on the east side of Euclid Street and located 30 feet south of Crescent Avenue. Portion B 2- 550 and 554 North Fairhaven Street: Property is approximately 0.3-acre, having a frontage of 125 feet on the east side of Fairhaven Street and located 30 feet south of Crescent Avenue. Portion B 3- 502. 506. 516. 526, 530, 536 and 540 North Fairhaven Street and 1711 West ~ Westmont Drive: Property is approximately 1.3 acres, having a frontage of 536 feet on the east side of Fairhaven Street and located 30 feet north of Westmont Drive. 11 /26/07 Page 16 NOVEMBER 26, 2007 PLANNING COMMISSION ACTION AGENDA • Portion C 1- 544 North Fairhaven Street: Property is approximately 0.13-acre, having a frontage of 60 feet on the east side of Fairhaven Street and located 139 feet south of Crescent Avenue. Portion C 2- 445, 449, 455 and 459 North Mariposa Place: Property is approximately 0.5-acre, having a frontage of 230 feet on the west side of Mariposa Place and located 30 feet south of Westmont Drive. Portion C 3- 446, 456 and 460 North Mariposa Place: Property is approximately 0.6-acre, having a frontage of 235 feet on the east side of Mariposa Place and located 30 feet south of Westmont Drive. Request reclassification of Portion A from the C-G (General Commercial) zone to the C-G (MU) Overlay (General • Commercial, Mixed Use Overlay) or less intense zone, Portion B from the O-L (Office Low) zone to the C-G (MU) Overlay (General Commercial, Mixed Use Overlay) or less intense zone , and Portion C from the RS-2 (Single Family Residential) zone to the C-G (MU) Overlay (General Commercial, Mixed Use Overlay) or less intense zone. Reclassification Resolution No. PC2007-146 Della Herrick, Associate Planner, presented the staff report. Chairman Buffa opened the public hearing. Project Planner.• (dherrickQanaheim. net) Phil Schwartze, 31872 San Juan Creek Circle, San Juan Capistrano, 92675. He stated that he and his client worked on combining the properties for this project for three years. It was his clients plan to return back to the Commission early next year with a master plan for mixed use residential commercial projects that took over the entire property. The only building considered was the large office building at 505. Commissioner Agarwal asked who had been living in the homes. Mr. Schwartze stated that they had renters. There were two homes on Mariposa, two ~ single family homes, and an apartment complex. They would have notice that they had to move. 11 /26/07 Page 17 NOVEMBER 26, 2007 PLANNING COMMISSION ACTION AGENDA • Commissioner Agarwal asked how much notice they had to find alternate housing. Mr. Schwartze stated that to process a plan and receive approval it may be 2009 before they would have to move. It was possible that his client would do something with the single family homes in order to provide parking Commissioner Romero asked staff if they had received residential feedback from the people that lived on Westmont and on the corner by the freeway. Mr. Schwartze stated that over the past years they had a number of communications with the community. They let them know what they would do and they had not heard any comments. Commissioner Eastman asked if the proposed residential units would be for sale or rental. Schwartze stated that even if they had apartments they would subdivide them for possible future sale. Jennifer Nelson, 502 N. Parkwood St., Anaheim, 92801. She stated she had been a resident for thirteen years. They were nervous about what the property owner would do with the property. They would like to know what the property owner planned to do with ~ their homes. They were scared they would lose their homes. They lost a piece of their neighborhood when they the freeway was expanded. The remnant property was turned over and made medium density. They had fifty three units in the process of being built. She and her neighbors had problems in the past with the building and had an over flow parking into their neighborhood. The property was re-zoned from single family housing into multi-use overlay. That created a problem because that had been a problem previously. People would speed in and out of the complexes almost hitting kids, houses and cars. Alberto Morales, 545 N. Fairhaven St. 92801. He stated that his residence was in front of 544 Fairhaven, although it doesn't affect his house directly it does indirectly. He was concerned by the demolition on an existing house without notification to the neighbors. He asked if this was approved, would there be notifications to the community members. The reason he asked was because there were environmental and health impacts. When the house was demolished it was left a baron lot. This left dust, asbestos, and particles, from the materials of those homes. They had a huge amount of traffic over this empty lot creating clouds of dust. This pollutes their front lawns and cars. Neighbors were uncertain what they inhaled when this happened. It wasn't until he called the Planning Commission and Community Preservation that action was taken. The lot was blocked off by a fence and paved over to protect them against the dust. He was also concerned about Fairhaven being used as a shortcut. This was a huge concern because of the kids in this neighborhood. ~ Roy Webb, 537 N. Fairhaven 92801. He stated that he would like to know what was planned for the area. He was concerned about the traffic flow on Fairhaven Street. 11 /26/07 Page 18 NOVEMBER 26, 2007 PLANNING COMMISSION ACTION AGENDA • There were a number of close calls on this street and would like this neighborhood to be safe. It would be useful to have a liaison from the property owner to go door to door and ask the community what they thought. They could use the help from the Planning Commission and staff to make sure that the traffic flow would not be dangerous whether it means one way streets with controlled access into the developed area. He stated if they consider commercial use on bottom, they need to be careful in designing access to the parking areas. Mr. Schwartze agreed with the comments that were raised. There had been an old house that was demolished. It was presently zoned residential. The apartment building next to it was zoned commercial. When they tore the house down they would have liked to pave it to make it parking. That was not permitted in the zone. With the help of staff they chose to pave it and put up a wall even though it was zoned residential. They weren't sure what the master plan would be yet. They were aware that the neighborhood was interested and concerned about what they do. They would be happy to work with them. They considered a plan to close Westmont Drive at Euclid and shut that off. If the City approved this plan they would be happy to close Westmont and combine all of their properties together. Sometime in the future his client would come in with a master plan for Commission's approval and for review by the neighbors. Public notification would go out. ~ Chairman Buffa closed the public hearing. Chairman Buffa addressed staff. She stated that several neighbors were concerned with the turning movements from Euclid onto Westmont. It appeared from the photograph that there was a striped median there. She thought a raised median in that location might help solve illegal turning movements. She suggested that when a traffic study was done, the traffic engineer may want to look at future plans for this property to see if that would be an appropriate improvement. Jaime Lai, Public Works, stated that there would be a traffic study as part of the CUP. They would bring it to the attention of the Traffic Engineering Department to put in a raised median if appropriate. Chairman Buffa stated that the neighbors wondered what they were doing there. The City does not know at this time. The only action the Commission would take effects the zoning classification of the property. That would change it from this assortment of commercial and residential to make it all mixed use development so that it could be treated as one development project that results in better design for everybody. The Commission heard the concerns of the community. Commissioner Faessel addressed Mr. Schwartze and reminded him that the Commission took into account the concerns of the neighborhood. • Commissioner Eastman stated that she was struck by the fact that there had been consideration of closing Westmont. Since their client owns the property on both sides, it 11 /26/07 Page 19 NOVEMBER 26, 2007 PLANNING COMMISSION ACTION AGENDA ~ seemed to her, that it would go along way with the neighbors. She thought if they closed Westmont that would solve the cut through traffic. She encouraged him to pursue that with the City and the neighborhood Commissioner Karaki addressed staff. He wanted to know if it would be unusual to ask for a tentative project design to go along with the zoning re-classification. Ms. Herrick responded that they done that before but it was not a requirement for re- classification. Chairman Buffa remarked that the distinction was that the General Plan designates the property for mixed-use. What they have done was make the property zoned for mixed use. If they said they wanted a GPA and a zone change then she would have asked to see a tentative project. Ms. Herrick commented that it was not something the Planning Division does. The proposed zoning was consistent with the General Plan. If a project involved General Plan Amendment staff would ask for the Plan. Commissioner Romero concurred with Commissioner Eastman. He stated when he studied this he was concerned with the remaining homes. The neighbors brought up the same issue. He suggested to Mr. Schwartze that when they come with the project that • they should work with the City and close up Westmont. Commissioner Eastman offered a motion, seconded by Commissioner Agarwal to approve CEQA Negative Declaration. Motion passed with 7 aye votes. Commissioner Eastman offered a resolution to approve Reclassification No. 2007- 00212. Grace Medina, Senior Secretary, announced that the resolution passed with 7 aye votes. OPPOSITION: 3 people spoke in opposition to the request. Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, December 18, 2007. DISCUSSION TIME: 5 minutes (3:40 to 4:15) • 11 /26/07 Page 20 NOVEMBER 26, 2007 PLANNING COMMISSION ACTION AGENDA r~ ~J MEETING ADJOURNED AT 4:16 P.M. TO MONDAY, DECEMBER 10, 2007 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW ~ . Respectfully submitted: .. _.. ~ ~~~~_ ~ Grace Medina, Planning Commission Secretary Received and approved by the Planning Commission on January 23, 2008. 11 /26/07 Page 21