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Minutes-PC 2008/02/04• /04 ~. ~ ~~ ~~1 E 1119 P c~gtr T 0 D City of Anaheim Planning Commission Minutes Monday, February 4, 2008 %`~ ~$~ Commissioners Present: Commissioners Absent: Staff Present: CJ Amstrup, Planning Services Manager Linda Johnson, Principal Planner Mark Gordon, Assistant City Attorney Dave See, Senior Planner Della Herrick, Associate Planner • Scott Koehm, Associate Planner Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California Chairman: Kelly Buffa Peter Agarwal, Gaii Eastman, Stephen Faessel, Joseph Karaki, Panky Romero, Pat Velasquez None Kim Wong, Planner Minoo Ashabi, Contracted Planner Sandip Budhia, Associate Engineer David Kennedy, Associate Engineer Grace Medina, Senior Secretary Donna Patino, Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 2:00 p.m. on Thursday, January 31, 2008, inside the display case located in the foyer of the Council Chamber, and also in the outside display kiosk. Published: Anaheim Bulletin Newspaper on Thursday, December 27, 2007 and Thursday, January 24, 2008 • Call to Order Preliminary Plan Review 1:30 P.M. • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE FEBRUARY 4, 2008 AGENDA • Recess to Public Hearing • Reconvene to Public Hearing 2:30 P.M. Attendance: 37 • Pledge of Allegiance: Commissioner Agarwal Public Comments .Consent Calendar Public Hearing Items Adjournment H:\TOOLS\Planning Commission Administration\PC Action Agendas - Minutes\2008 Minutes\2008 Minutes\AC020408.doc ~n/DED FEBRUARY 4, 2008 PLANNING COMMISSION MINUTES • Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: None Consent Calendar: Commissioner Eastman offered a motion, seconded by Chairman Buffa and MOTION CARRIED, for approval of Consent Calendar Item 1A through 1 E as recommended by staff and to continue Item 3. Item 1 D was pulled for separate discussion. UNANIMOUSLY APPROVED Reports and Recommendations: 1A. (a) CEQA NEGATIVE DECLARATION Approved (PREVIOUSLY-APPROVED) (b) CONDITIONAL USE PERMIT N0.2006-05124 (TRACKING NO. CUP2007-05287) Consent Calendar Approval Applicant: Kwang S. Lee 7601 Commonwealth Avenue VOTE: 7-0 • Buena Park, CA 90621 Location: 2037 East Ball Road: Property is approximately 3 acres, having a frontage of 555 feet on the north side of Ball Road approximately 418 feet east of the centerline of State College Boulevard. Request for a retroactive one year extension of time to comply Project Planner.• with conditions of approval for apreviously-approved dherrick(a~anaheim.net conditional use permit to add an oil change station to an existing carwash. r~ 02/04/08 Page 2 of 24 FEBRUARY 4, 2008 PLANNING COMMISSION MINUTES d A B. (a) CEQA ENVIRONMENTAL IMPACT REPORT NO. 331 pprove (PREVIOUSLY CERTIFIED) (b) TENTATIVE TRACT MAP NO. TTM16665 (TRACKING NO. SUB2008-00054) Owner / John Sherwood Consent Calendar Approval Applicant: Irvine Community Development Company 550 Newport Center Drive VOTE: 7-0 Newport Beach, CA 92660 Location: Development Areas 3 And 7 of the Mountain Park Specific Plan Community The applicant requests athree-year time extension to comply project Planner: with conditions of approval for apreviously-approved skoehm(a~anaheim.net tentative tract map to establish a 150 numbered and 37 lettered lot residential subdivision encompassing 145 single- familydetached residential lots, an elementary school site, a public park site, open space lots, public and private streets and a water reservoir within Development Areas 3 and 7 of the Mountain Park Specific Plan. • • 02/04/08 Page 3 of 24 FEBRUARY 4, 2008 PLANNING COMMISSION MINUTES C. (a) CEQA EIR NO. 2007-00337 (PREVIOUSLY-CERTIFIED Approved (b) DEVELOPMENT AGREEMENT N0.2007-00003 (TRACKING NO. DAG2008-00001) Owner: Joe Stasney Kaiser Permanente Consent Calendar Approval 1707 Barcelona Circle Placentia, CA 92870 VOTE: 7-0 Applicant: Greg Bennett Cannon Design 1901 Avenue Of The Stars, Suite 175 Los Angeles, CA 90067 Location: 3400-3450 East La Palma Avenue (Kaiser Hospital): Property is approximately 27 acres, having a frontage of 984 feet on the south side of La Palma Avenue and located approximately 225 feet east of the centerline of Miller Street. • Request for review of final colored elevation plans fora Project Planner: medical office building (Phase 1) in conjunction with a Kaiser dsee(cD.anaheim.net Hospital campus. • 02/04/08 Page 4 of 24 FEBRUARY 4, 2008 PLANNING COMMISSION MINUTES D. (a) CEQA ENVIRONMENTAL IMPACT Karaki/Agarwal REPORT N0.330 (PREVIOUSLY CERTIFIED) (b) CONDITIONAL USE PERMIT N0.2005-4975 Karaki (TRACKING NO. CUP2008-05303) Applicant: Keith Herren The Hanover Company 28005 North Smyth Drive, Suite 101 Valencia, CA 91355 Location: 1818 South State College Boulevard (Platinum Centre Condominiums): Property is approximately 3.4 acres and is located south and east of the southeast corner of State College Boulevard and Katella Avenue, having frontages of 327 feet on the east side of State College Boulevard and 105 feet on the south side of Katella Avenue. Request to review and approve revised elevation plans for a 265-unit apartment project. Approved Approved, with revised elevation plans to be returned to staff for review VOTE: 7-0 Project Planner.• mashabi(c~anaheim. net, • (This item was removed from the Consent Calendar for separate discussion.) A general discussion took place regarding the revised elevation plans. The Commission raised questions related to the change from the symmetrical design of the building entrance to asymmetrical application improvements. They were concerned with the entry design, stone treatment, materials and finishes of the building. The applicant stated that he understood the Commission's comments and would be happy to work with staff to address the comments. Chairman Buffa asked if there were any questions for staff, seeing none, she opened the public hearing. Chairman Buffa asked if anyone was present to speak on the item; seeing none, she closed the public hearing. Commissioner Karaki offered a motion, seconded by Commissioner Agarwal to approve the revisions subject to the applicant working with staff to address the Commission's concerns. Commissioner Eastman clarified that the plans would return to the Planning Commission as a Reports and Recommendation if the Planning staff was not in agreement with them. Chairman Buffa stated that a motion was still in affect to approve the revised elevation plan and to have it return for staff review. Motion passed with 7 aye votes. ~mmissioner Karaki clarified that his motion included the previously certified CEQA Environmental Impact Report No. 330 to serve as the appropriate environmental documentation for this session. 02/04/08 Page 5 of 24 FEBRUARY 4, 2008 PLANNING COMMISSION MINUTES d E. (a} CEQA MITIGATED NEGATIVE DECLARATION Approve (PREVIOUSLY-APPROVED) (b) CONDITIONAL USE PERMIT NO. 2007-05202 (TRACKING NO. CUP2008-05298) Consent Calendar Approval Owner: Andrew C. Edwards Trust 1230 South Lewis Street Anaheim, CA 92805 VOTE: 7-0 Applicant: Ron Tucci Extron Electronics 1230 South Lewis Street Anaheim, CA 902805 Location: 1055 East Ball Road: Property is approximately 3.5 acres and is located at the northwest corner of East Street and Ball Road. Re uest for review of final elevation lans for an office and 9 P Project Planner: kwonp2Ca~anaheim.net training building. • • 02/04/08 Page 6 of 24 FEBRUARY 4, 2008 PLANNING COMMISSION MINUTES 1 F. Receiving and approving the Minutes from the Planning I Continued to Commission Meeting of January 23, 2008. (Motion) February 20, 2008 Chairman Buffa continued the minutes from January 23, 2008 until February 20, 2008. C 02/04/08 Page 7 of 24 FEBRUARY 4, 2008 PLANNING COMMISSION MINUTES ~ublic Hearing Items: 2a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 2b. CONDITIONAL USE PERMIT NO. 2334 (TRACKING NO. CUP2007-05291) Owner / Dennis McCollough Applicant: CADS 33 Rocky KNL Irvine, CA 92612 Eastman/Romero Approved Eastman Approved VOTE: 7-0 Location: 1320 North Tustin Avenue and 1401 North Jefferson Street: Property is approximately 36 acres, having a frontage of 1,455 feet on the east side of Tustin Avenue and a frontage of 250 feet on the west side of Jefferson Street approximately 351 feet south of the centerline of Orangethorpe Avenue. Request to amend the conditions of approval pertaining to hours of operation for apreviously-approved outdoor automotive storage • yard. Conditional Use Permit Resolution No. PC2008-17 Della Herrick, Associate Planner, presented the staff report. Project Planner: dherrick(c~anaheim. net Commissioner Velasquez stated her concerns from the preliminary meeting. She wanted to know what would happen if this business changed owners. She stated that the reason why staff recommends the Commission to eliminate the time limitation is because the current owners were in compliance with all requirements and there were no issues. If they changed ownership and had issues then Code Enforcement could make sure the owner complied with Code but then the burden is on the City. She wanted to know why they would take out all time limitations if the applicant felt those hours were not what they needed. Ms. Herrick stated she spoke with the applicant and staff is asking to delete the Condition of Approval related to hours of operation in case the applicant wants to change the hours in the future. The applicant was concerned they might want different hours of operation. Staff also felt that at this location, which is surrounded by industrial uses on all sides, there is no benefit to limiting hours of operation. Chairman Buffa opened the public hearing. nnis McCollough, project architect, California Auto Dealers Exchange, 33 Rocky Knoll Irvine 2612, stated with regards to the auto request for an amendment of the previously approved Conditional Use Permit No. 2334 the applicant had incorrectly stated the hours of operation and 02/04/08 Page 8 of 24 FEBRUARY 4, 2008 PLANNING COMMISSION MINUTES ~uld prefer not to have to come back to a public hearing every time they decided to open at 7:30 stead of 8:00. They don't believe the variation in hours will affect their neighbors because it's primarily in an industrial area and there are no residential areas nearby. Chairman Buffa asked if anyone was present to speak on the item; seeing none, she closed the public hearing. Chairman Buffa stated that she does not have concerns about letting the applicant operate 24 hours a day 7 days a week because they are in the middle of an industrial zone. All of the allowed use around them would not be affected. She does not see it affecting any of their neighbors negatively. She asked what the other Commissioners felt. Commissioner Faessel asked the applicant where the unloading area was on the property. He wanted to know if it was done in one specific area or across the entire property. Bob Spears, assistant general manager, California Auto Dealers Exchange, 1320 N. Tustin Avenue, pointed to the slide and showed the Commissioners where the unloading area was located. Commissioner Karaki agreed with the varying hours of operation because it was in an industrial area. He did not think it was necessary to have them come back in the future. Commissioner Agarwal supported Commissioner Karaki. ~mmissioner Romero agreed. He thought the applicant should have the option to operate the hours they needed. Commissioner Velasquez also agreed. Commissioner Eastman offered a motion, seconded by Commissioner Romero to approve the previously approved Negative Declaration. Motion passed with 7 aye votes. Commissioner Eastman offered a resolution to approve the amendment to Conditional Use Permit No. 2334 as presented in the staff report. Grace Medina 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 Wednesday, February 27, 2008. ~SCUSSION TIME: 7 minutes (2:51 to 2:58) 02/04/08 Page 9 of 24 FEBRUARY 4, 2008 PLANNING COMMISSION MINUTES ~. CEQA MITIGATED NEGATIVE DECLARATION AND Continued to MITIGATION MONITORING PLAN NO. 149 February 20, 2008 3b. GENERAL PLAN AMENDMENT N0.2007-00462 3c. RECLASSIFICATION NO. 2007-00210 3d. SPECIFIC PLAN AMENDMENT NO. 2007-00049 3e. CONDITIONAL USE PERMIT N0.2007-05242 WITH WAIVER OF CODE REQUIREMENT 3f. DEVELOPMENT AGREEMENT NO. 2007-00004 3g. FINAL SITE PLAN NO. 2007-00010 3h. TENTATIVE PARCEL MAP N0.2007-163 3i. TENTATIVE TRACT MAP NO. 17219 3j. REQUEST FOR C{TY COUNCIL REVIEW OF ITEM NOS. 4c, 4e, Oct, 4h and 4i Owner: P A Poon & Son Inc. Motion: Eastman/Faessel 16841 Marina Bay Drive Huntington Beach, CA 92649 Applicant: West Millennium Homes VOTE: 7-0 Derek Baak 1849 Sawtelle Boulevard #600 Los Angeles, CA 90025 • Location: 2232 South Harbor Boulevard (the vacant Toys R Us site : Property is approximately 4.8 acres, having a frontage of 382 feet on the east side of Harbor Boulevard and located 252 feet south of the centerline of Wilken Way. Request to develop a mixed use project consisting of a 105 room Project Planner. hotel, with 14,714 square feet of accessory commercial uses on dsee(a~anaheim.net the western 1.5-acre portion of the project site adjacent to Harbor Boulevard, and a 191-unit, 3 to 5 story condominium complex, including nine live/work units, on the eastern 3.3-acre portion of the project site. Proposed project actions include the following: General Plan Amendment No. 2007-00462 -Request to amend the General Plan to redesignate the eastern 3.3 acres of the property from the Commercial Recreation to the Mixed Use land use designation; Reclassification No. 2007-00210 -Request for a reclassification to change the zoning on the eastern 3.3 acres of the property from the Anaheim Resort Specific Plan (SP92-2) zone to the Multiple Family Residential, Mixed Use Overlay (RM- 4 (MU) Overlay) zone; Specific Plan Amendment No. 2007- 00049 -Request to remove the eastern 3.3 acres of the property from the Anaheim Resort Specific Plan and increase the hotel • density from Low Density to Medium Density for the western 1.5 acres of the property adjacent to Harbor Boulevard and to permit reduced front and interior setbacks and distance between 02/04/08 Page 10 of 24 FEBRUARY 4, 2008 PLANNING COMMISSION MINUTES • driveways; Conditional Use Permit No. 2007-05242 -Request to permit a mixed use project with 191 condominium units, to include live/work units, for the rear 3.3-acre portion of the property, and fora 105-unit hotel with 14,714 square feet of accessory commercial uses on the front 1.5 acres of the property adjacent to Harbor Boulevard with waivers of minimum lot frontage adjacent to a public or private street; Development Agreement No. 2007-00004 -Request for approval of a Development Agreement between the City of Anaheim and West Millennium to construct the proposed mixed use project; Final Site Plan No. 2007-00010 -Request for approval of a Final Site Plan for the proposed mixed use project; Tentative Parcel Map No. 2007-163 -Request to establish a 2-lot subdivision to separate the commercial and residential land uses; Tentative Tract Map No. 17219 -Request to establish a 191-unit condominium complex; and, CEQA Mitigated Negative Declaration and Mitigation Monitoring Plan No. 149 -Request for approval of a CEQA Mitigated Negative Declaration (MND) and Mitigation Monitoring Program (MMP) No. 149 for the Toys R Us mixed use project. The MND and MMP has been prepared to serve as the primary environmental document for GPA2007- 00462, CUP2007-05242, DAG2007-00004, FSP2007-00010, • RCL2007-00210, SPN2007-00049, SUBTPM2007-163, and SUBTTM17219 and subsequent actions related to implementation of the project. Implementation is intended to include, but not be limited to, the approval of subdivision maps, grading permits, street improvement plans, final site plans, and other related actions for the Toys R Us mixed use project. Future actions related to the project that require additional discretionary review will utilize this document for CEQA purposes to the extent possible, consistent with Section 15070 of the CEQA Guidelines. General Plan Amendment Resolution No. Reclassification Resolution No. Specific Plan Amendment Resolution No. Conditional Use Permit Resolution No. Development Agreement Resolution No. Final Site Plan Resolution No. Tentative Parcel Map Resolution No. Tentative Tract Map Resolution No. Chairman Buffa asked staff if there was anything they needed to address in regards to item No. 3. 'nda Johnson, Principal Planner, stated that item No. 3 is a request for continuance until the bruary 20, 2008 Planning Commission meeting. This item has been continued a few other times. tall recommends this project be re-advertised if continued beyond the 20tH. 02/04/08 Page 11 of 24 FEBRUARY 4, 2008 PLANNING COMMISSION MINUTES airman Buffa opened the public hearing. Chairman Buffa asked if anyone was present to speak on the item; seeing none, she closed the public hearing. Commissioner Eastman offered a motion, seconded by Commissioner Faessel to continue this item until February 20, 2008. Motion passed with 7 aye votes. OPPOSITION: None DISCUSSION TIME: 2 minutes (2:49 to 2:51) • • 02J04/08 Page 12 of 24 FEBRUARY 4, 200$ PLANNING COMMISSION MINUTES ~. CEQA CATEGORICAL EXEMPTION, CLASS 1 Faessel/Velasquez 4b. CONDITIONAL USE PERMIT NO. 2007-05290 Faessel WITH WAIVER OF CODE REQUIREMENT Owner: Sanmukhbai G. Bhakta 921 South Beach Boulevard Anaheim, CA 92804 Applicant: Gary Frazier 6445 Joshua Tree Avenue Orange, CA 92867 Location: 921-923 South Beach Boulevard: Property is approximately 1.0 acre, having a frontage of 162 feet on the west side of Beach Boulevard and located 200 feet north of the centerline of Ball Road (Integrity House). Request to establish a residential care facility with fewer parking spaces than required by code. • Conditional Use Permit Resolution No. PC2008-18 Dave See, Senior Planner, presented the staff report. Approved Approved, added a condition of approval pertaining to the removal of the freestanding pole sign VOTE: 7-0 Project Planner: dsee(a~anaheim.net Commissioner Eastman asked if they planned to remove the big pole sign in front of the building. Mr. See stated that the applicant has not provided information on the pole sign. The applicant is available and can elaborate on that issue. Chairman Buffa opened the public hearing. Jimmy Gaston, 2110 E. Virginia Avenue, Anaheim, stated that he is the President of Anaheim Supportive Housing for Senior Adults. The applicant is Gary Frazier but ASHA will be the managing general partner for this project. Mr. Sanmukhbai Bhakta, the owner of Economy Inn Motel, is present along with many members of Integrity House. He is available to answer questions. Chairman Buffa asked Mr. Gaston if he could start with the question regarding the pole sign that says the Economy Inn. Mr. Gaston stated he does not like tall signs but thought it would be good to have a sign there. He asked the Commission if they had a recommendation. ~mmissioner Eastman asked if he would be opposed to a condition to remove the sign and have gnage that would conform to the current code. 02/04/08 Page 13 of 24 FEBRUARY 4, 2008 PLANNING COMMISSION MINUTES ~. Gaston assumed they would be taking the sign down to make it conform to the current code. Commissioner Eastman observed that once the project becomes residential they wouldn't need a sign to advertise, but they may need something that will give their address. That could be accomplished according to the current sign code. Mr. Gaston requested that the requirement take affect after the Economy Inn is no longer in operation. Commissioner Eastman replied they would refer to staff as far as the timing. They wouldn't expect it to take place until they were ready to occupy it after the remodeling is complete. Chairman Buffa thought that was a great suggestion. She said staff could generate a condition for them. It could be six months after the closure of the Economy Inn that the sign will need to be removed tied to occupancy for the new use within a few months of that happening. Commissioner Faessel referenced a letter from Acacia Housing to the City's Community Development Department dated November 21, 2006 that addressed the leasing preference. The plan is that the 33 tenants would be drawn from Anaheim's own waiting list. He wanted to know if that would still be the plan. Mr. Gaston replied yes it is still the plan. He stated that ASHA is involved in this project to help ~orten the waiting list from the Anaheim Housing Authority. Commissioner Velasquez commented that there is a great need for a project like this and she is supportive of this project. Mr. Gaston stated that according to the City's plan they need 17,000 units of this type. Chairman Buffa asked if anyone was present to speak on the item; seeing none, she closed the public hearing. Chairman Buffa agreed that there is a significant need for housing for the developmentally disabled and this is a great project. Commissioner Eastman thought it was a well kept building and it would be a good thing to convert this. Commissioner Faessel offered a motion, seconded by Commissioner Velasquez to determine that a Categorical Exemption Class 1 serves as the appropriate Environmental Documentation for this project. Motion passed with 7 aye votes. Commissioner Faessel offered a resolution to approve Conditional Use Permit No. 2007-05290. ave See stated with regards to the signage staff, recommends that the pole sign be removed and placed with a monument sign per Code prior to final building and zoning inspection. Commissioner Faessel asked if that was by way of a condition or by the regular Code process. 02/04/08 Page 14 of 24 FEBRUARY 4, 200$ PLANNING COMMISSION MINUTES ~r. See replied by way of Condition of Approval on this case. Commissioner Faessel confirmed it was a condition. Mr. See replied correct. It would be a monument sign or any other conforming signs, such as a wall sign. Mr. Gaston understood that the sign would have to come down and a monument sign would go up. He asked if they would be required to put a sign up. Chairman Buffa replied no. If a sign goes up it would be a sign that conforms to the City's Code, which would allow a monument sign or a wall sign. She stated they only were asking for compliance with the Code. Mr. Gaston agreed. Grace Medina announced that the resolution passed with 7 aye votes. OPPOSITION: None ark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Wednesday, February 27, 2008. DISCUSSION TIME: 15 minutes (2:59 to 3:14) • 02/04/08 Page 15 of 24 FEBRUARY 4, 2008 PLANNING COMMISSION MINUTES ~a. CEQA CATEGORICAL EXEMPTION, CLASS 1 Agarwal/Romero 5b. CONDITIONAL USE PERMIT NO. 2007-05285 Agarwal Owner: Paul T. Kott 1225 West Lincoln Avenue Anaheim, CA 92801 Applicant: Gustavo Chavez 1425 East Lincoln Avenue, Suite F Anaheim, CA 92805 Location: 1425 East Lincoln Avenue: Property is approximately 0.65 acre, and is located at the northeast corner of Lincoln Avenue and La Plaza with a frontage of 128 feet on the north side of Lincoln Avenue and 217 feet on the east side of La Plaza. Request to permit a 920 square foot convenience market with no sales of beer and wine within an existing multi-tenant building. • Conditional Use Permit Resolution No. PC2008-19 Minoo Ashabi, Contract Planner, presented the staff report. Approved Approved VOTE: 7-0 Project Planner: mashabi(cr~.anaheim.net Chairman Buffa wanted to know what the communities concerns were regarding pedestrian crossings. She asked staff to clarify. Ms. Ashabi stated that there is an elementary school to the south of the site and the concern was for those students crossing the street without having a pedestrian crossing. Chairman Buffa stated that she did not understand that concern. She wondered if the issue was that the students would be more inclined to cross the street here because of the new use. Ms. Ashabi stated that was correct. Commissioner Eastman stated that there is a signal crosswalk close by the location. Ms. Ashabi stated that the school was on the west side and was not in the immediate vicinity of the crosswalk. Chairman Buffa opened the public hearing. stavo Chavez stated that he is applying for the convenience market. He believes the eighborhood needs this type of mini market because people wouldn't have to walk far to the market. There will be no liquor or beer sold. 02/04/08 Page 16 of 24 FEBRUARY 4, 2008 PLANNING COMMISSION MINUTES mmissioner Eastman noted that deliveries from Lincoln Avenue would not be permitted and eliveries at the rear of the center seemed complicated. She wanted the applicant to reassure her that he understood that condition. Mr. Chavez stated that he understood that there would be no deliveries coming from Lincoln Avenue. Commissioner Faessel hoped Mr. Chavez was successful without including alcoholic beverages. There have been other businesses showing the necessity of selling alcoholic beverages in order to continue as a viable business. He hoped Mr. Chavez studied the local neighborhood well enough to remain successful. Chairman Buffa asked if anyone was present to speak on the item; seeing none, she closed the public hearing. Commissioner Agarwal offered a motion, seconded by Commissioner Romero to approve CEQA Categorical Exemption, Class 1. Motion passed with 7 aye votes. Commissioner Agarwal offered a resolution to approve Conditional Use Permit No. 2007-05285. Grace Medina announced that the resolution passed with 7 aye votes. POSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Wednesday, February 27, 2008. DISCUSSION TIME: 7 minutes (3:15 to 3:22) • 02/04/08 Page 17 of 24 FEBRUARY 4, 2008 PLANNING COMMISSION MINUTES ~. CEQA CATEGORICAL EXEMPTION, CLASS 1 Velasquez/Eastman 6b. CONDITIONAL USE PERMIT N0.2007-05288 Velasquez Owner: Canyon Plaza LLC 503 32"d Street, Suite 200 Newport Beach, CA 92663 Applicant: Marcy Schaubeck 10629 EI Este Avenue Fountain Valley, CA 92708 Location: 5769 East Santa Ana Canyon Road: Property is approximately 15 acres, located at the northeast corner of Santa Ana Canyon Road and Imperial Highway with a frontage of 1,095 feet on the north side of Santa Ana Canyon Road and 570 feet on the east side of Imperial Highway. Request to permit a therapeutic massage clinic in an existing commercial retail center. • Conditional Use Permit Resolution No. PC2008-20 Scott Koehm, Associate Planner, presented the staff report. Chairman Buffa opened the public hearing. Approved Approved VOTE: 7-0 Project Planner.• skoehm(cil anaheim. net Marcy Schaubeck, Massage Envy, 10629 EI Este Avenue, stated that she is the applicant for Massage Envy in the Anaheim Hills Center. Massage Envy is a franchise that started in 2002. It has grown quickly and is doing very well. There are about 350 stores in the United States including one in Anaheim Hills. If they are on schedule there will be a ninth store in the Orange County area. She feels it would do well and it is a great match for Anaheim Hills. She is available to answer any questions. Commissioner Karaki asked if this was her first clinic. Ms. Schaubeck stated that this is her third. One of her stores is open in Placentia and another in Brea. Anaheim Hills would be her third clinic. Chairman Buffa asked if anyone was present to speak on the item; seeing none, she closed the public hearing. ommissioner Velasquez offered a motion, seconded by Commissioner Eastman to approve a ~tegorical Exemption, Class 1. Motion passed with 7 aye votes. Commissioner Velasquez offered a resolution to approve Conditional Use Permit No. 2007-05288. 02/04/08 Page 18 of 24 FEBRUARY 4, 2008 PLANNING COMMISSION MINUTES race Medina announced that the resolution assed with 7 aye votes. p OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Wednesday, February 27, 2008. DISCUSSION TIME: 4 minutes (3:23 to 3:27) • • 02/04/08 Page 19 of 24 FEBRUARY 4, 2008 PLANNING COMMISSION MINUTES ~. CEQA CATEGORICAL EXEMPTION, CLASS 1 Eastman/Agarwal 7b. CONDITIONAL USE PERMIT N0.2003-04667 Eastman (TRACKING NO. CUP2007-05289) Owner: Carol Cushing 701 Concord Street Glendale, CA 91202 Applicant: Michael Bagguley 3010 West Lincoln Avenue Anaheim, CA 92801 Location: 3010 West Lincoln Avenue: Property is approximately 1.6 acres, located at the southwest corner of Lincoln Avenue and Beach Boulevard, having a frontage of 266 feet on the south side of Lincoln Avenue and 246 feet on the west side of Beach Boulevard (Joo Doa Lee Restaurant). Request to amend conditions of approval to modify hours of operation for an existing restaurant. • Conditional Use Permit Resolution No. PC2008-21 Scott Koehm, Associate Planner, presented the staff report. Chairman Buffa opened the public hearing. Approved Approved, revised conditions of approval VOTE: 7-0 Project Planner.• skoehm u(~.anaheim.net Chang Kim, 3040 W. Lincoln Avenue, stated the he is the applicant and is available to answer any questions. Chairman Buffa wanted to confirm that the applicant read and understood the terms of the conditions. Mr. Kim replied yes. Chairman Buffa asked if anyone was present to speak on the item; seeing none, she closed the public hearing. Commissioner Eastman offered a motion, seconded by Commissioner Faessel to approve Categorical Exemption, Class 1. Motion passed with 7 aye votes. Commissioner Eastman offered a resolution to approve an amendment to Conditional Use Permit No. 003-04667. race Medina announced that the resolution passed with 7 aye votes. 02/04/08 Page 20 of 24 FEBRUARY 4, 2008 PLANNING COMMISSION MINUTES ~PPO$ITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Wednesday, February 27, 2008. DISCUSSION TIME: 3 minutes (3:27 to 3:30) • • 02!04/08 Page 21 of 24 FEBRUARY 4, 2008 PLANNING COMMISSION MINUTES ~. CEQA NEGATIVE DECLARATION Agarwal/Romero 8b. CONDITIONAL USE PERMIT NO. 2007-05286 Owner: AFH Anaheim, LLC 23001 East La Palma Avenue, Suite 220A Yorba Linda, CA 92887 Applicant: The Planning Consortium 627 North Main Street Orange, Ca 92868 Location: 1400 North Burton Place: Property is approximately 0.71 acre, having a frontage of 32 feet at the terminus of Burton Place. Request to permit a stealth ground-mounted telecommunications facility disguised as a pine tree with accessory ground-mounted equipment. Conditional Use Permit Resolution No. PC2008-22 ~m Wong, Planner, presented the staff report. Chairman Buffa opened the public hearing. Approved Approved, modify condition No. 3 VOTE: 7-0 Project Planner: kwonQ2Ca~ anaheim. net Dave DeLorm, 627 N. Main St. Orange, stated that he represents the Planning Consortium. They are a land use and site acquisition agent for Verizon Wireless. It has been his pleasure to work with staff on this project. He has read and reviewed the staff report and Conditions of Approval. He agrees with all of the conditions with the exception to No's. 3 and 5. The issue with regards to making the equipment enclosure resistant to tagging, is the proximity to existing parking spaces, these spaces would be encroached upon by any landscaping. He suggested providing a deterrent for tagging on this equipment enclosure. The condition could be modified to require graffiti resistant paint. Verizon Wireless has used this in other areas and it has been effective. He has worked on this project for a few years. He noticed a number of buildings with large white painted surfaces that have not been tagged or defaced with tagging. One of the reasons is because the tenants of this property are the State Department of Corrections and parole officers work at this location. He thinks that is the reason the building and the adjacent buildings have not been tagged. He is available to answer any questions. Commissioner Faessel asked if Condition No. 5 pertained to City electrical facilities and not to his cilities. hairman Buffa asked staff to address that. 02/04/08 Page 22 of 24 FEBRUARY 4, 2008 PLANNING COMMISSION MINUTES Wong stated that Commissioner Faessel was correct. It is pertaining only to City electrical cilities. Commissioner Faessel asked if that came down to only Condition of Approval No. 3 they had an issue with. Mr. DeLorm stated that if that was the understanding then it would be acceptable. Commissioner Faessel stated that was based upon staff's clarification of Condition No. 5. Chairman Buffa asked if anyone was present to speak on the item; seeing none, she closed the public hearing. Commissioner Agarwal offered a motion, seconded by Commissioner Romero to approve Negative Declaration pertaining to Item No. 8. Motion passed with 7 aye votes. Commissioner Agarwal offered a resolution to approve Conditional Use Permit No. 2007-05286 with the amendment of deleting Condition No. 3. Chairman Buffa asked if he wanted to delete or modify that instead of using landscape plant material they use graffiti resistant paint. ~mmissioner Agarwal corrected his previous resolution. Commissioner Agarwal offered a resolution to approve Conditional Use Permit No. 2007-05286 with the modification of Condition No.3. Grace Medina 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 Wednesday, February 27, 2008. DISCUSSION TIME: 6 minutes (3:31 to 3:37) u 02/04/08 Page 23 of 24 FEBRUARY 4, 2008 PLANNING COMMISSION MINUTES MEETING ADJOURNED AT 3:57 P.M. TO WEDNESDAY, FEBRUARY 20, 2008 AT 1:30 P.M. FOR PRELIMINARY PLAN REVIEW Respectfully submitted: ~, _ . G'Z ~~- Grace Medina Senior Secretary • v~/~ Received and approved by the Planning Commission on ~c"N.-~i~A/'-{ 2,68. f 02!04/08 Page 24 of 24