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Minutes-PC 2008/11/24Council Chamber, City HaII 200 South Anaheim Boulevard Anaheim, California Commissioners Present: Commissioners Absent: Staff Present: Linda Johnson, Principal Planner Mark Gordon, Assistant City Attorney David See, Senior Planner Della Herrick, Associate Planner Kim Wong, Planner Chairman: Joseph Karaki Peter Agarwal, Kelly Buffa, Stephen Faessel, Victoria Ramirez, Panky Romero Gail Eastman Greg .Hastings, Redevelopment Manager Keith Linker., Principal Civil Engineer David Kennedy, Associate Transportation Planner Grace Medina, Senior Secretary Julie Hourani, Office Specialist II Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 2:00 p.m. on Wednesday, November 19, 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, November 13, 2008 ® Call to Order ® Preliminary Plan Review 7:30 P.M. • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE NOVEMBER 24, 2008 AGENDA ® Recess to Public Hearing ® Reconvene to Public Hearing 2:30 P.NI. Attendance: 12 ®Pledge of Allegiance: Commissioner Ramirez ® Public Comments ® Consent Calendar ® Public Hearing Items ® Adjournment NOVEMBER 24, 2008 PLANNING COMMISSION MINUTES Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: None Minutes ITEM 1A Receiving and approving the Minutes from the Planning Commission Meeting of October 27, 2008. Consent Calendar Approval VOTE: 5-0 Commissioner Eastman absent Chairman Karaki abstained Motion: Faessel/Romero 11 /24/08 Page 2 of 20 NOVEMBER 24, 2008 PLANNING COMMISSION MINUTES Reports and Recommendations ITEM NO. 1 B (Tracking No. C'WP2008-05365) Owner Mehdi Ebrahimzadeh and 30622 La Vue Street Applicant: Laguna Niguel, CA 92677 Location: 1741-1745 South Easv Way: This property is approximately 0.4-acre, having a frontage of 164 feet on the west side of Easy Way and approximately 860 feet east of the centerline of Gilbert Street. Request to permit a retroactive one-year extension of time to comply with the conditions of approval to construct a five unit attached single-family residential condominium development. Consent Calendar Approval Motion: Buffa/Agarwal VOTE: 6-0 Commissioner Eastman absent Project Planner: Kimberly Wong kwono2Qa anaheim.net 11 /24/08 Page 3 of 20 NOVEMBER 24, 2008 PLANNING COMMISSION MINUTES ITEM IVO. 1 C (Tracking No. CUP2008-05366) Owner Mehdi Ebrahimzadeh and 30622 La Vue Street Applicant: Laguna Niguel, CA 92677 'Location: .121 ~ 131 South Dale Avenue: This property is approximately 0.82-acre, having a frontage of 148 feet on the west side of Dale Avenue, approximately 860 feet east of the centerline of Lincoln Avenue. Request to permit aone-year extension of time to comply with the conditions of approval to construct a 14-unit attached single-family residential condominium development. Consent Calendar Approval Motion: Buffa/Agarwal VOTE: 6-0 Commissioner Eastman absent Project Planner Kimberly Wong kwono2 C~? anaheim. net 11 /24/08 Page 4 of 20 NOVEMBER 24, 2008 PLANNING COMMISSION MINUTES ITEM NO. 1 D (Tracking No. CUP2008-053671 Owner Mehdi Ebrahimzadeh and 30622 La Vue Street Applicant: Laguna Niguel, CA 92677 Location: 1556 West Katella Avenue: This property is approximately 0.78-acre, having a frontage of 140 feet on the south side of Katella Avenue and approximately 397 feet east of the centerline of Bayless Street. Request to permit a retroactive one-year extension of time to comply with the conditions of approval to construct a 14-unit attached single-family residential condominium development. Consent Calendar Approval Motion: Buffa/Agarwal VOTE: 6-0 Commissioner Eastman absent Project Planner: Kimberly Wong kwong2 ~anaheim. net t ti2aioa Page 5 of 20 NOVEMBER 24, 2008 PLANNING COMMISSION MINUTES ITEM NO. 1 E CEOA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Consent Calendar Approval CONDITIONAL USE PERMIT NO. 2006-05111 . Motion: Buffa/Agarwal (Tracking No. CUP2008-05385) Owner: BKM Development Company VOTE: 6-0 3185 Pullman Avenue Commissioner Eastman absent Costa Mesa, CA 92626 Applicant: BKM Anaheim Associates 3185 Pullman Avenue Costa Mesa, CA 92626 Location: 1097 .North Patt Street: This property is approximately 0.25-acre, and is aland-locked parcel with a minimum depth of 190 feet located west of a parcel with 200 feet of frontage on the west side of Patt Street and 37 feet south of the centerline of Commercial Street. Request to permit none-year extension of time to comply with the Project Planner; conditions of approval to construct one of two previously-approved Kimberly Wong stealth ground-mounted telecommunications facilities with kwono2C~lanaheim.net accessory ground-mounted equipment in an industrial office park. 11 /24/08 Page 6 of 20 NOVEMBER 24, 2008 PLANNING COMMISSION MINUTES ITEM NO. 1 F Consent Calendar Approval CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Motion: Buffa/Agarwal CONDITIONAL USE PERMIT NO. 2007-05216 (Tracking No. CUP2008-05379) VOTE: 6-0 Owner: State of California Commissioner Eastman absent 464 West Fourth Street San Bernardino, CA 92401 Applicant: Zhandi Hossein Mercedes-Benz of Anaheim 5395 East La Palma Avenue Anaheim, CA 92807 Location: Caltrans right-of-way adjacent to and east of the Mercedes-Benz of Anaheim auto dealership at 200 Via Cortez: Property is approximately 1.85- acre, located on the south side of the Riverside Freeway (SR-91) right-of-way with a frontage of 682 feet along the Riverside Freeway, north of Santa Ana Canyon Road, west of Soloman Drive and 1,357 feet east of the centerline of Via Cortez Request to permit aone-year extension of time to comply with Project Planner: the conditions of approval for apreviously-approved outdoor Scott ICoenm automobile storage and display area in conjunction with an skoehm®anaheim.net adjacent automobile sales dealership.. 11 /24/08 Page 7 of 20 NOVEMBER 24, 2008 PLANNING COMMISSION MINUTES Public Hearing Items: ITEM NO. 2 CEQA CATEGORICAL EXEMPTION CLASS 3 VARIANCE NO. 2008-04757 Owner: Chang Nam Han 900 East Vermont Avenue Anaheim, CA 92805-5615 Applicant: Michelle Felten Core Communications 2923A Saturn Street Brea, CA 92821 Location: 900 East Vermont Avenue: This property is approximately 3.45 acres, having a frontage of 304 feet along the south side of Vermont Avenue, approximately 830 feet west of East Street. Request to construct a stealth monopine telecommunications tower with less landscaping than required by code Resolution No. PC2008-110 (Romero) Approved VOTE: 6-0 Commissioner Eastman absent Project Planner: Della Herrick dherrick ®ahaheim. net Della Herrick, Associate Planner, presented the staff report. She addressed the question asked by the Planning Commission at the Preliminary Plan Review regarding utility lines adjacent to the railroad right-of-way. She said that the utility lines are not proposed to be undergrounded. Chairman Karaki opened the public hearing. Michelle Felten, Core Communications, 2923 A Saturn Street, Brea, representing Verizon Wireless.. Ms. Fenton indicated this facility will provide capacity relief as well as coverage for the Anaheim community. The facility is proposed to be a pine tree which will blend in with the pine trees within the adjacent industrial .area. Due to site restrictions and power lines located adjacent to the facility, they are unable to follow the code requirement to plant three additional trees. The proposed monopine is proposed to be located at the rear of the property and will be screened by the existing building and landscaping. The project has been designed so that the antennae, microwave dish, and the related cable trays will be fully screened in a manner that will minimize any visual impact. The approval of the variance will support the City's initiative to ensure that all major cellular companies are able to provide full coverage throughout the city. The proposal will benefit Verizon Wireless customers by providing emergency response enhancements. Verizon Wireless has the capability to determine a 911 caller's phone number and the location with the use of a GPS system. Chairman Karaki asked if the proposed tower will be shared with other cellular carriers. 11 /24/08 Page 8 of 20 NOVEMBER 24, 2008 PLANNING COMMISSION MINUTES Ms. Felten stated that at this time, the proposal is only for Verizon Wireless; however, they are open to sharing with other carriers. Chairman Karaki closed the public hearing. Commissioner Romero offered a recommendation that the Planning Commission adopt the attached resolution to approve a Categorical Exemption, Class 3 and to approve Variance No. 2008-04757. Grace Medina, Senior Secretary announced that the resolution passed with 6 aye votes. Commissioner Eastman was absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, December 16, 2008. DISCUSSION TIME: 8 minutes (2:38 to 2:46) 11 /24/08 Page 9 of 20 NOVEMBER 24, 2008 PLANNING COMMISSION MINUTES ITEM N0.3 CEOA CATEGORICAL EXEMPTION. CLASS 1 CONDITIONAL USE PERMIT 2008-05327 (Tracking No. CUP2008-05386) REQUEST FOR DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00050 Owner Majid Nazari and 1200 North East Street Applicant: Anaheim, CA 92805 Location: 1200 North East Street: This property is located at with an area of 0.35 acre at the northeast corner of East Street and Romneya Drive, having frontages of 105 feet on the east side of East Street and 147 feet on the north side of Romneya Drive. Conditional Use Permit No. 2008-05327 (Tracking No. CUP2008-05386) -Request to amend apreviously-approved conditional use permit to expand an existing convenience market with the sale of beer and wine for off premises consumption in conjunction with an existing service station. Public Convenience or Necessity No. 2008-00050 - Request for determination of public convenience or necessity to permit the sale of beer and wine for off-premises consumption in conjunction with an existing service station and Convenience market. Dave See, Senior Planner presented the staff report. Resolution No. PC2008-111 Resolution No. PC2008-112 (Buffa) CUP Approved, added two conditions relating to roofing and landscaping PCN Approved VOTE: 5-0 Commissioner Eastman absent Chairman f<araki abstained Project Planner: Dave See dseeQanaheim.net Ghairman Pro-Tempore Romero presided over the meeting. He asked staff about the hours of operation for the business. Mr. See responded that the business is open 24 hours a day. Chairman Pro-Tempore Romero opened the public hearing. Majid Nazari, owner of Sunkist Unocal, 1200 North East Street, Anaheim. Mr. Nazari indicated he was available to :answer any questions. Commissioner Ramirez asked Mr. Nazari if he believes he has the clientele who will purchase alcohol from his location, given that there is a large grocery store next door. Mr. Nazari stated the grocery store closes at 9:00 p.m. His store is open 24 hours; however, he only intends to sell alcohol until 12:00 a.m. 11 /24/08 Page 10 of 20 NOVEMBER 24, 2008 PLANNING COMMISSION MINUTES Commissioner Buffa asked if the existing roof will be removed from the bui ding and if the stone exterior will be replaced with stucco. Mr. Nazari said they are expanding the roof .and converting two more service bays to the existing market. The exterior and interior will be remodeled. The stone exterior will be replaced with stucco. Chairman Pro-Tempore Romero closed the public hearing. Commissioner Buffa expressed concern regarding the fascia not being tall enough to hide the entire roof and that the sloped peak will be visible. The new addition should be tall enough so that the roof is not visible from the street level. There are no landscape planter pockets on the elevations, only pavement. She said there should be landscaping adjacent to the building since cars will no longer be driven in and out of the service bays. Mr. See indicated the applicant is not proposing to install new planters; however, staff will work with Mr. Nazari if the Commission requires additional planters or wishes to add a new condition of Approval Commission Buffa suggested they add landscaping adjacent to the building, especially on the sides visible from the public streets. Chairman Pro-Tempore Romero and Commissioner Faessel concurred with Commissioner Buffa, that a condition of approval should be added, requiring additional landscaping. Commission Buffa suggested that a condition be added requiring the plans to be modified so that the existing roof peak will not be visible from the street. Mark Gordon, recommended that the new conditions be attached to the amendment to the Condition Use Permit, not the Public Convenience or Necessity Permit. Commissioner Buffa offered a recommendation that the Planning Commission :adopt the attached resolutions to approve a Categorical Exemption, Class 1 and to approve Conditional Use Permit 2008-05327 with two added conditions and Public Convenience or Necessity No. 2008-00050. Grace Medina, Senior Secretary announced that the resolutions passed with 5 aye votes. Chairman Karaki abstained and Commissioner Eastman was absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, December 16, 2008. DISCUSSION TIME: 12 minutes (2:46 to 2:58) 11 /24/08 Page 11 of 20 NOVEMBER 24, 2008 PLANNING COMMISSION MINUTES ITEM MO. 4 (Tracking No. VAR2008-047601 Owner: Jack Singh 6164 East Paseo Rio Verde Anaheim, CA 92807 Applicant: Ricardo Noriega 1618 West Willits Santa Ana, CA 92703 Location: 7651-7673 East Corto Road and 370 - 371 South Timken Road: These four properties are a combined area of 1.8 acres, having frontages of 205 feet on the north side of Corto Road and 65 feet at the terminus of Timken. Request to amend apreviously-approved variance to modify conditions of approval related to pad elevation heights and request smaller setbacks than required by code to construct four new single family residences. Continued to January 5, 2009 Motion: t=aessel/Agarwal VOTE: 6-0 Commissioner Eastman absent Project Planner: Dave See dseeQanaheim.net Dave See, Senior Planner, presented the staff report. He addressed the question asked by the Planning Commission at the Preliminary Plan Review, .regarding setback locations. Mr. See showed the setbacks on all parcels on the projector screen. Chairman Karaki asked who set the rules regarding setback locations. Mr. See :indicated that setbacks requirements are set forth in the Anaheim Municipal Zoning Code. These parcels were unique as some were landlocked and had unusual frontage on each (private) street. Chairman Karaki stated that Commissioner Buffa said she was unsure where the property :line had been moved back 25 feet on Parcel 3. Mr. See showed the lot lines separating Parcels 3 and 4 on the projector screen. Commissioner Romero asked if the street was inside the property line of Parcel 3. Mr. See stated that the applicant proposes to install a gate so that the street does not have a through access. Chairman Karaki asked if the applicant had dedicated the driveway to the City for Fire Department access. 11 /24/08 .Page 12 of 20 NOVEMBER 24, 2008 PLANNING COMMISSION MINUTES Mr. See confirmed that the driveway width would be 20 feet wide and that a gate would be installed between Parcels 3 and 4. The gate would have a Knox Box lock to allow Fire Department access.. Chairman Karaki asked why the applicant was requesting a rear setback variance for Parcel 4, where it connects to Parcel 3. Mr. See said the reason was similar to Parcels 1 and 4; when the setback of 25 feet was applied to the front and rear, there was minimal buildable area as it was being compressed between the two parcels. He confirmed that the property lines were established in 2001. The side yard setbacks were 10 feet in 2001, they are now 15 feet. Commissioner Faessel asked if this would fall under the RH-2 standard and if there were any other lot coverage requirements other than the setbacks. Mr. See confirmed there were no ilot coverage requirements, only setback requirements, Commissioner Buffa stated that in the original approval of 2001, the parcel map creating four lots and a grading plan was approved.. She asked if building plans were submitted and previously approved.. Mr. See indicated that only a conceptual site plan was proposed in 2001, which showed compliance with the setbacks at that time. Detailed plans were not approved. Commissioner Buffa expressed her concern that the number of requests for variances on these properties meant the structures are too large for the lots. Commissioner Agarwal asked since there were no coverage requirements, if a 20,000 square foot house could be built on a 20,000 square foot lot. Chairman Karaki opened the public hearing. Ricardo Noriega, 1618 West Wilits, Santa Ana, CA. He addressed the questions regarding the setbacks. Mr. Noriega indicated that the property was developed with two flag lots. Parcels 3 and 4 are "L" shaped. The original plan (Exhibit A) which was approved in 2001, shows setbacks being at 10 and 25 feet at the front and rear of the properties. The current plans showed the same front and rear setbacks; however, the side setbacks were at 10 feet. The lots were shaped differently, that is why they needed the variance. The front of Parcel 1 was considered to be on Corto Road. They were requesting a 25-foot setback from Parcel 4. They would use the side yard as the main entrance and meet the 10-foot setback required adjacent to a private easement. From the rear of the lot, they were requesting a 25-foot setback from the rear of the structure to the property line and a 10-foot setback from the north side yard. Chairman Karaki asked when the floor plans were designed and the size of the buildings. Mr. Noriega said the plans were designed .after the property was subdivided and the parcels are all at least 22,000 square feet. The structures are 6,500 square feet. The house on Parcel 3 is 10,000 square feet.. He indicated they acquired an adjacent parcel to accommodate the size of the structure. 11124/08 Page 13 of 20 NOVEMBER 24, 2008 PLANNING COMMISSION MINUTES Chairman Karaki asked if the conceptual plans submitted in 2001 showed the floor plans Mr. Noriega said when the owner purchased the parcels, they were empty lots. They later attempted to design floor plans to meet the current setback requirements and found they were unable to build a 1,000 square foot house. They discovered they could build a larger structure if they purchased 3,000 square feet of the lot to the east of Parcel 3. Chairman Karaki asked if there were any usable backyards or room for swimming pools, specifically on Parcel 4. Mr. Noriega stated there would be room for a pool and hardscaping. There would be a 25-foot wide setback from the property line to the structure and that would meet the requirements. Commissioner Buffa indicated that on Parcel 1, the side of the garage closest to Corto Road was 13.7 feet from the property line, which was a variance; Parcel 3, the structure was 9.5 feet from the property line at the front corner; Parcel 2 at the back side was 17.3 feet. She questioned why they were only requesting side yard variances. She said the dimensions on the plans and staff report did not match for three of the variances. Mr. Noriega stated they were requesting a variance so that the exact location of the front, back and side would be as indicated on the plan. The current site plans showed the setbacks according to the layout of the structure. Commissioners Ramirez, Romero and Faessel agreed with Commissioner Buffa in that the staff report and the plans did not match. Commissioner Agarwal said the house was too large for the size of the lot. He would personally not want to purchase a 10,000 square foot house on a 22,000 square foot lot where the house was only 9.5 feet from the block wall as proposed on Parcel 3. Commissioner Agarwal suggested changing the layout. He said a compromise should be made so as to achieve an aesthetically pleasing structure. Mr. Noriega said the garage on Parcel 3 can be shifted over to the east side. There would be garages and air conditioning units facing the block wall. Parcel 1 could be 14 feet from the entrance. In order to provide the fire lane at the entrance, they had sacrificed the unbuildable portion of Parcel 4. Chairman Karaki :mentioned that the drainage from Parcel 3 flows onto Parcel 4 which would limit the easements that cross from one section to another. He asked the residents to step forward. James Roum, 367 South Timken Road, Anaheim. His home is to the west of the subject property. He opposed any variances since the structures were very close to his property line. The proposed structures appeared to be very large and not consistent with other homes in the area. On Parcel 2, the front of the house was on the west side. He asked if it was permitted to have a swimming pool in the front yard. Currently, there is an open equestrian trail down at the bottom of the southeast side which is ad}acent to his property. This would become a narrow path with a retaining wall.. He was concerned that the fire lane would not be open to the neighborhood in case of an emergency. Will all four parcels be exiting onto Timken Road or Corto Road? 11 /24/08 Page 14 of 20 NOVEMBER 24, 2008 PLANNING COMMISSION MINUTES Chairman Karak asked Mr. Roum the location of the equestrian trail. Mr. Roum said it began at the northeast end of the four parcels and he was not certain where it ended. James Olson, 7641 East Corto Road. His home is immediately south of Parcel 4. He had the original grading plan which the original owner submitted to the City in 1999, when the property was divided into four parcels. It showed the horse trail following the southern property line and turning to the south along the property line to where Corto Road ends. His concern was that the loop was meant to be a ~h acre semi-rural type field, but when the properties were subdivided, the 1999 map showed the approximate size of the homes were 5,500 square feet and Parcel 3 would be 6,500 square feet. The project was for four mansions on these lots and would be out of the ordinary for the community. Commissioner Agarwal asked Mr. Olson the size of his lot. Mr. Olson said the lot was over 22,000 square feet; the house was 3,400 square feet. built in 1976. Don Larson, 7601 East Corto Road. His properties are below Parcel 2, 3 and 4. Mr. Larson said the drainage flows down the canyon and ends at his house. There is a natural drainage. Wherr it rains, water flows down the canyon and into the drainage ditch. He was concerned about the horse trail. He stated that setbacks were made to preserve the area, not to allow for oversized houses. A normal size house on Corto Road would be 3,200-3,500 square feet. The applicant proposes 7,000 square foot houses which would be very large and out of place. He wanted the Commission to consider the size of the proposed homes, the lots, and the unnecessary setbacks. Mr. Larson was concerned about the fire access road. He asked who would use it and who would have access to the lock. He was interested to know the location of the horse trail. Chairman Karak'said the Fire Department would use and keep the key in a Knox Box. Mitzi Ozaki, 340 South Timken Road. Her property is not adjacent to the subject property; she is to the north, on the east side. She mentioned the letter she sent. Mrs. Ozaki indicated that the residents of Timken Road paid $28,900 in June 2008 to repair the road. She opposes any hauling of dirt and/or grading equipment over the newly paved road. In January 1977, there was a maintenance agreement, document number 1112024M, recorded at the County. Mr. Singh was notified in July and November 2008, of his obligation to pay his share of the two lots which will be accessing Timken Road. Neither Mr. Noriega, nor Mr. Singh has responded. She wanted the following conditions placed for approval, 1) That bonds be posted for any damages to the private roads on Timken or Corto. 2) Mr. Singh should pay $1,330 per lot assessment to the Timken Repair Fund, for the roadwork which had already been completed. In 2001, several residents on Timken :Road requested a fire access road as a secondary escape route for both Timken and Corto. The road should have a gate so as to prevent daily through traffic. Mrs. Ozaki agreed that the size of the structures is too large for the lots. There is a large home on Timken Road which created numerous problems for the neighborhood and she did not want the same issues to occur with the proposed project. Ted Ozaki, 340 South Timken Road. He asked if there was an existing bond relative to the damage of the roads on Timken and Corto. He asked who determines the damage. 11/24/08 Page 15 of 20 NOVEMBER 24, 2008 PLANNING COMMISSION MINUTES Keith Linker, Principal Civil Engineer, said the bond may not be posted since the grading permit has not been issued. Mark Gordon, Assistant City Attorney, indicated that Public Works is considering or may have imposed a condition, with respect to the grading, that would require that not only would the bond be posted, but that the developer or applicant document the condition of the road before the work commences. For comparison purposes, staff could look at the condition of the road before work commences and then determine the condition of the road and the impact as a result of the work done. Mr. Ozaki asked Mr. Gordon if a lien could be placed on Mr. Singh's property. Chairman Karaki advised Mr. Ozaki that it was a civil matter. Mr. Gordon indicated that in the past, he had met with Mr. and Mrs. Ozaki and other residents concerning other issues. He provided information regarding the statutes relating to the maintenance of private roadways. David Linskens, 366 Timken. His property is next door to Parcel 3. He indicated the air conditioning unit would be close to his front door. He asked why the house was not moved over in order to meet the setback requirements since Mr, Singh purchased 10 to 20 feet to the right of the property. There was a slope on the property line between the two properties. Mr. Singh wanted to remove the slope and use the dirt for Parcels 2 and 4. Mr. Singh was also importing 4,900 yards of dirt. Mr. Linskens said Mr. Singh was encroaching onto his property line and setback area. Mr. Noriega indicated where the easements and property lines were located. The Fire Department would have access to the fire lane. Parcels 1 and 4 would access Corto Road.. Parcels 2 and 3 would access Timken Road. Parcel 4 and 3 would be gated to block unauthorized access to Parcel 1. He confirmed that they had a bond for the grading plan for Corto, Moh' er and Timken. He stated.. they had an approved haul route which would be Mohler to Corto, not Timken. Regarding the setbacks, they would comply with the 25 feet in front, 10 feef in the side and rear. They want to maximize the yard space. In 2001, the City approved two flag lots, Parcels 3 and 4. The current requirements would not allow a 1,000 square foot house. They were requesting to add 25 feet in the front, 10 feet on the sides and 25 feet to the :rear.. They are taking lot coverage into account. They held a community meeting on July 1, 2008 at the Marie Callender's Restaurant to discuss the neighbors' concerns. Chairman Karaki asked if they had considered reducing the size of the homes. Mr. Noriega said they looked into other alternatives and determined the current square footage best fits the lot. The homes will be owner occupied. There will be a "wellness center" which consists of a gym and spa. These will be green structures powered 90 percent by solar energy. The topography was a challenge due to the irregularly shaped parcels and configurations, which is why they are requesting the variances. Commissioner Agarwal asked Mr. Noriega if they had considering reducing the size of the structures? Mr. Noriega said they had researched the possibility; however, they would like the structures to remain as proposed. 11 /24/08 Page 16 of 20 NOVEMBER 24, 2008 PLANNING COMMISSION MINUTES Commissioner Romero asked if the four homes were sold. Mr. Noriega indicated that all homes were sold and would be occupied by the owner and his family. Chairman Karaki closed the public hearing. Commissioner Buffa reiterated her comments about the plans, staff report and the applicant's testimony providing conflicting information. She said she did not feel comfortable voting on the project at this time. She suggested a continuance. Commissioner Ramirez agreed with Commissioner Buffa. She had concerns regarding Parcel 3. Ms. Ramirez indicated she would feel more comfortable voting if she had clear plans of the project. Commissioner Romero stated the information they had was not consistent with what was being presented. He said this was a land use issue and that the homes are too large for the proposed parcel. He would vote against the project as it was presented. Commissioner Faessel indicated staff had presented that there are no lot coverage requirements in the RH-2 zone. In order to determine overall building size, setbacks are used. Ih this case, they were not certain where the setbacks begin. However, they were looking at substantial reductions in setbacks on all parcels and in all directions. He said he was not comfortable going from 25 feet to 9.5 feet or 25 feet to 13.7 feet. It had not been proven where the 25 feet is required on the map, nor could it be determined from the testimonies heard. He concurred with Commissioner Romero and would also vote against the project. Commissioner Agarwal said there was conflicting information. He agreed that the property owners had the right to develop their properties; however, he was concerned that if there was a fire, there would not be enough water up on the hills. He said he would not be very flexible on the setback variances in this case. He believed that other alternatives could be found if the structure was shifted. He urged Mr. Noriega to be more flexible. He was not in favor of the project as presented. Chairman Karaki addressed Mr. Noriega and suggested a continuance to address the size of the structures, setbacks and drainage issues. Mr. Noriega indicated that he would like to request a continuance. Chairman Karaki closed the public hearing. Commissioner Faessel offered a motion, seconded by Commissioner Aganval to continue this item until the Planning Commission meeting of January 5, 2009. Motion passed with 6 aye votes, Commissioner Eastman was absent. OPPOSITION: Five persons spoke in opposition to the subject request IN SUPPORT: One person spoke in favor of the subject request. OISCUSSFON TIME: 1 hour and 26 minutes (2:58 to 4:24) 11 /24/08 Page 17 of 20 NOVEM$ER 24, 2008 PLANNING COMMISSION MINUTES ITEM NO. 5 CEOA CATEGORICAL EXEMPTION, CLASS 1 CONDITIONAL USE PERMIT MO. 2005-05037 (Tracking No. CUP2008-05360) Owner: Ganlaon Corporation .Bruno Serato 887 South Anaheim Boulevard Anaheim, CA 92805 Applicant: Sylvano Ibay Anaheim White House Restaurant 887 South Anaheim Bou evard Anaheim, CA 92805 Location: 887 South Anaheim Boulevard: This property is located at with an area of 0.82 acre, a frontage of 108 feet on the west side of Anaheim Boulevard, a maximum depth of 279 feet, and is located 152 feet. north of the centerline of Vermont Avenue. Request to amend apreviously-approved permit to construct a new permanent outdoor dining area in conjunction with an existing restaurant with the sale of .alcoholic beverages for on-premises consumption and outdoor dining, with waivers of minimum number of parking spaces, minimum front yard setback, and maximum fence height. The new building would replace an existing tent which is used for outdoor dining and events. Dave See, Senior Planner, presented the staff report. Resolution No. PC2008-713 (Agarwal) Approved, merged Condition Nos. 9 and 28 VOTE: 6-0 Commissioner Eastman absent Project Planner: Dave See dsee~anaheim.net Commissioner Buffa indicated that Condition :Numbers 9 and 28 are both related to noise and suggested they be combined. Commissioner Faessel requested staff to clarify whether the construction of the building and its eventual location would be a detriment to the current building's Mills Act rating. Greg Hastings, Redevelopment Manager, confirmed that the current obstruction at the front of the building will be reduced and the proposed improvements will not affect the current building's Mills Act rating. Chairman Karaki opened the public hearing. 11 /24/08 Page 18 of 20 NOVEMBER 24, 2008 PLANNING COMMISSION MINUTES Bruno Serato, President of the White House Restaurant. He indicated that the tent at the front of the building will be replaced with a flat roof structure, as the peak was obstructing the view of the restaurant. Commissioner Faessel, asked if the new structure would have heat and air conditioning, Mr. Serato said the tent would be replaced by a permanent structure and it will have heat and air conditioning. Chairman Karaki :asked about the elevation facing the street, and whether the wire mesh would allow vines to grow. Mr. Serato said he will provide mesh and vines on the new building. They now had a fence with vines and ivy. The fence would not exceed six feet. Commissioner Romero asked if the project was approved, how soon would the tent be removed. Mr. Serato said it would begone by the summer of 2009. Chairman Karaki closed the public hearing. Mr. See addressed Commissioner Buffa's question regarding merging Condition Numbers 9 and 28. Both conditions were recommended by the Police Department. There is also a code requirement of 60 decibels as the sound limitation at a property line. He said the conditions would be combined. Commissioner Agarwal offered a recommendation that the Planning Commission adopt the attached resolution to approve a Categorical Exemption, Class 1 and to approve Conditional Use Permit No. 2005-05037. Grace Medina, Senior Secretary announced that the resolutions passed with 6 aye votes. Commissioner Eastman was absent.. Commissioner Faessel disclosed he had :met with the applicant. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, :December 16, 2008. DISCUSSION TIME: 12 minutes (4:24 to 4:36) 11/24/08 Page 19 of 20 NOVEMBER 24, 2008 PLANNING COMMISSION MINUTES MEETING ADJOURNED AT 4:44P.M. TO MONDAY, DECEMBER 8, 2008 AT 1:30 PM. FOR PRELIMINARY PLAN REVIEW Respectfully submitted: VYv Grace Medina Senior Secretary Received and approved by the Planning Commission on January 5, 2009. 11 /24/08 Page 20 of 20