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Minutes-PC 2003/12/15• CITY OF ANAHEIM PLANNING COMMISSION MINUTES MOIVDAY, DECEMBER 15, 2003 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California u CHAIRPERSON: JAMES VANDERBILT COMMISSIONERS PRESENT: PAUL BOSTWICK, KELLY BUFFA, GAIL EASTMAN, CECILIA FLORES, JERRY O'CONNELL, DAVID ROMERO COMMISSIONERS ABSENT: NONE STAFF PRESENT: Selma Mann, Assistant City Attorney Alfred Yalda, Principal Transportation Planner Greg Hastings, Zoning Division Manager James Ling, Associate Civil Engineer Greg McCafferty, Principal Planner Pat Chandler, Senior Secretary Sergeant Michael Lozeau, Vice Detail Elly Morris, Senior Secretary Charity Wagner, Planner Ossie Edmundson, Planning Commission Support Supv. AGENDA POSTING: A complete copy of the Planning Commission Agenda was posted at 11:30 a.m. on Wednesday, December 10, 2003, 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 20, 2003. CALL TO ORDER PLANNING COMMISSION MORNING SESSION 10:00 A.M. • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE DECEMBER 15, 2003 AGENDA ~ RECESS TO AFTERNOON PUBLIC HEARING SESSION RECONVENE TO PUBLIC HEARING 1:30 P.M. For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card and submit it to the secretary. PLEDGE OF ALLEGIANCE: Chairperson James Vanderbilt PUBLIC COMMENTS CONSENT CAlENDAR PUBLIC HEARING ITEMS ADJOURNMENT H:\DOCS\CLERICAL\MI N UTESWC121503. DOC DECEMBER 15, 2003 PLANNING COMMISSION MINUTES • RECONVENE TO PUBLIC HEARING AT 1:30 P.M. PUBLIC COMMENTS: NONE This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. CONSENT CALENDAR: Item 1-A through 1-C on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED, for approval of Consent Calendar Items (1-A through 1-C) as recommended by staff. UNANIMOUSLY APPROVED REPORTS AND RECOMMENDATIONS A. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved (b) CONDITIONAL USE PERMIT NO. 2002-04537 Approved retroactive (TRACKING FILE NO. CUP2003-04792) extension of time for • William Wilkens, Anaheim Hills Racquet Club, 415 South Anaheim one year (to expire on Hills Road, Anaheim, CA 92807, requests a retroactive extension of December 3, 2004. time to comply with conditions of approval for an existing tennis club with the sales of food and beverages, including alcoholic beverages. Property is located at 415 South Anaheim Hills Road (Anaheim Hills (Vote: 7-0) Racquet Club). ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED, that the Anaheim City Planning Commission does hereby determine that the previously-approved Negative Declaration is adequate to serve as the required environmental documentation for subject request. Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED, that the Anaheim City Planning Commission does hereby approve the request for a one (1) year retroactive extension of time to expire on December 3, 2004, based on the following: (i) That this is the second request for an extension of time to comply with conditions of approval. (ii) That the property is being properly maintained and that there are no outstanding complaints or violations on file with the Code Enforcement Division. (iii) That there have been no changes to the Anaheim General Plan and Zoning Code that would affect this project. No additional ~ information or changed circumstances are present which would contradict the facts used to support the required findings for approval of this Conditional Use Permit. sr5070jrdoc 12-15-03 Page 2 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES • B. (a) GENERAL PLAN CONFORMANCE NO. 2003-00032 - REQUEST Determined to be in TO DETERMINE CONFORMANCE WITH THE ANAHEIM GENERAL conformance with PLAN TO LEASE WAREHOUSE SPACE: the Anaheim General John Beck, OC Health Care Agency, 405 West 5th Street, Room 610, Plan. Santa Ana, CA 92701, requests determination of conformance with the Anaheim General Plan for the proposed lease of approximately 2,500 square feet of warehouse space by the County of Orange Health Care (Vote: 7-0) Agency to store emergency materials for the County's Health Care Agency Disaster Plan. Property is located at 1591 South Sinclair Street. ACTiON: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED, that the Anaheim City Planning Commission does hereby determine that the Orange County Health Care Agency's proposal to lease warehouse space at 1591 South Sinclair Street to store emergency materials in conjunction with the County's Health Care Agency Disaster Plan, is in conformance with the Anaheim General Plan. Genera/ Plan Conformity items have a statutory guideline limitation of 40-days from the date the application is submitted, therefore it is given accelerated processing and provided to the City Council at an early time. (The 40-day time limitation as required by Section 65402(b) of the Government Code requires the City to act on this item by December 28, 2003, as the application was submitted on • November 17, 2003 for the subject request.) s1150tw.doc C ~ 12-15-03 Page 3 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES • C. Receiving and approving the Minutes from the Planning Commission Approved Meetings of December 1, 2003. (Motion) ACTION: Commissioner Bostwick offered a motion, seconded by (Vote: 7-0) Commissioner Eastman and MOTION CARRIED, that the Anaheim City Planning Commission does hereby receive and approve the minutes for the Planning Commission meeting of December 1, 2003. ~ • 12-15-03 Page 4 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES PUBLIC HEARING ITEMS: • 2a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Withdrawn 2b. CONDITIONAL USE PERMIT NO. 2003-04755 OWNER: Taormina Trust, William Cosmo Taormina, 128 West Sycamore Street, Anaheim, CA 92805 AGENT: Ryan Wells, MMI Titan, 310 Commerce Drive, Irvine, CA 92602 LOCATION: 201 East Center Street. Property is approximately 0.09- acre, located at the northeast corner of Center Street and Claudina Street (Kraemer Building). To permit and retain a roof-mounted telecommunications facility on an existing historic building and accessory ground mounted equipment. Continued from the September 22, October 20 and December 1, 2003, Planning Commission Meetings. CONDITIONAL USE PERMIT RESOLUTION NO. sr5073jr.doc OPPOSITION: None • ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED, that the Anaheim City Planning Commission does hereby accept the petitioner's request for withdrawal of Conditional Use Permit No. 2003-04755. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. C J 12-15-03 Page 5 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES • 3a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Concurred with staff 3b. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. Approved 2003-00013 OWNER: HKJ Gold Inc., 4000 Union Pacific Avenue, Commerce, CA 90023 AGENT: Henry Miller, 99 Cents Only Stores, 4000 Union Pacific Avenue, Commerce, CA 90023 LOCATION: 3420 West Lincoln Avenue. Property is approximately 6.0 acres, located south and east of the southeast corner of Lincoln Avenue and Knott Street, located 198 feet east of the centerline of Knott Street (99 Cents Only Store). To permit retaii sales of beer and wine for off-premises consumption within an existing grocery store. PUBLIC CONVENIENCE OR NECESSITY RESOLUTION NO. PC2003-165 sr3056ey.doc Chairperson Vanderbilt opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 3, Public Convenience or Necessity No. 2003- 00013. ~ ApplicanYs Testimony: Henry Miller, 99 Cents Only Stores, 4000 Union Pacific Avenue, Commerce, CA, requested a permit for the retail sale of beer and wine for off-premises consumption within an existing grocery store. He stated the beer and wine would be sold warm, and there had never been any alcohol related disturbances or 9- 1-1 calls from the location. Additionally, he requested changes to Condition Nos. 1, 7, and 8. Public Testimony: Judithanne Gollette, representing WAND (West Anaheim Neighborhood Development Council), asked Commission to deny the applicant's request for the beer and wine license. THE PUBLIC HEARING WAS CLOSED. Sergeant Michael Lozeau, Vice Detail, stated that the Police Department opposes the off-sale license due to the crime rate in the reporting district being 317% above average, and also due to the heavy transient population. Staff and the Commission concurred; Condition No. 1(hours of operation) should be amended according to the applicant's request of 7:45 a.m. to 10:15 p.m. Condition No. 7(age requirement) should be amended according to state regulations, and Condition No. 8(packaging) should be amended according to City requirements. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. • OPPOSITION: A person representing West Anaheim Neighborhood Development Council (WAND) spoke in opposition to the subject request. 12-15-03 Page 6 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES ACTION: Chairperson Vanderbilt offered a motion, seconded by Commissioner Bostwick and ~ MOTION CARRIED, that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Chairperson Vanderbilt offered a resolution to approve the request for Determination of Public Convenience or Necessity No. 2003-00013 (to permit retail sales of beer and wine for off-premises consumption within an existing grocery store), subject to the conditions of approval as stated in the staff report dated December 15, 2003, with modifications to Condition Nos. 1 and 7. The resolution FAILED TO CARRY with the following vote: AYES: Flores, Romero, Vanderbilt NOES: Bostwick, Buffa, Eastman and O'Connell ABSENT: None Commissioner Bostwick offered an alternate resolution to approve the request for Determination of Public Convenience or Necessity No. 2003-00013 (to permit retail sales of beer and wine for off-premises consumption within an existing grocery store), subject to the conditions of approval as stated in the staff report dated December 15, 2003, with the following modifications: Modified Condition Nos. 1, 7 and 8 to read as follows: 1. That the sales of beer and wine shall be limited to the hours of .. . • 7:45 a.m. to 10:15 p.m., daily. 7. No person under *••~°^*••-^^° r''" •,°°~~ ^f °^° the minimum age as set by State law shall sell or be permitted to sell any beer or wine. 8. That beer and malt beverages shall not be sold in packages containing less than a~ (~} two (2) pack, and that wine coolers shall not be sold in packages containing less than a four (4) pack. VOTE: 5-2 (Commissioners Flores and Romero voted no) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 39 minutes (1:38-2:17) C~ 12-15-03 Page 7 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES • 4a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Concurred with staff 4b. CONDITIONAL USE PERMIT NO. 2002-04612 Approved reinstatement (TRACKING NO. CUP2003-04797) with deletion of time limitation. OWNER: Bei Air Enterprises, Inc., 1300 Quail Street, Suite 108, Newport Beach, CA 92660 AGENT: Young Park, 2885 West Lincoln Avenue, Anaheim, CA 92801 LOCATION: 2885 West Lincoln Avenue. Property is approximately 1.5 acres, located at the northeast corner of Bel Air Street and Lincoln Avenue (201 PC BANG). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on December 17, 2002 to expire December 17, 2003) to retain a computer rental and internet amusement (arcade) business. CONDITIONAL USE PERMIT RESOLUTION NO. PC2003-166 sr3054ey.doc Chairperson Vanderbilt opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 4, Conditional Use Permit No. 2002-04612. • Applicant's Testimony: Young Park, 2885 West Lincoln Avenue, Anaheim, CA, owner of 201 PC BANG, a computer rental and internet amusement (arcade) business, stated that since he opened the business there had not been any complaints. He requested to remain open until 4 a.m. in order to be competitive with a similar business in the nearby area. THE PUBLIC HEARING WAS CLOSED. Sergeant Michael Lozeau, Vice Detail, stated from January 1, 2002 thru today, the Police Department received only two calls at the address; a call for petty theft and a call for lost or stolen property. Chairperson Vanderbilt stated the distinction between the two businesses is that the subject business abuts a residential area, and the other is in a commercial area and across from a Police substation. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITIpN: None ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED, that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 1(Existing Facilities), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. ~ Approved the request for reinstatement of Conditional Use Permit No. 2002-04612 (Tracking No. CUP2003-04797) to retain a computer rental and internet amusement (arcade) business without a time limitation. 12-15-03 Page 8 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES Amended Resolution No. 2000R-259 in its entirety and replaced it with a new resolution • which includes the following conditions of approval: 1. That the hours of operation shall be limited to the foilowing: Sunday through Thursday: 10 a.m. to 12 midnight Friday and Saturday: 10 a.m. to 2 a.m. 2. That there shall be a minimum of two employees on site during operating hours. 3. That the number of computer workstations shall be limited to thirty-three (33). 4. That no exterior vending machines visible off-site shall be permitted. 5. That no food shall be prepared on-site. 6. That no alcoholic beverages shall be consumed or sold on the premises. 7. That minors may not enter or remain in the establishment on any weekday between 8 a.m. and 3 p.m. This restriction shall not apply on any school vacation day or holiday as established by any public or private school, kindergarten through grade twelve, operating within one mile of this site. Additionally, minors may not enter or remain in the establishment after 9 p.m. on any day of the week. Notice of the above-stated prohibition relating to the presence of minors shall be posted by the owner/operator at the entrance in lettering at least two (2) inches in height. This prohibition shall not apply when a minor is accompanied by a parent or guardian (with the guardian being able to authenticate guardianship). • 8. That the interior of the business shall be adequately illuminated to make easily discernible the conduct of patrons within the premises. 9. That the computer stations shall be open and observable to employees at all times and no partition walls shall be permitted. 10. That all windows and entrances into the business shall be clear and unobstructed, so as to allow an unimpaired line of sight by a peace officer into the interior of the business during business hours. 11. That there shall be no seating areas or tables other than the computer workstations and waiting/lobby area as shown on Exhibit No. 2. 12. That trash storage areas shall be maintained in conformance with approved plans on file with the Public Works Department. 13. That all applicable City permits required by Title 3(Business Licenses) and Title 4(Business Regulation) shall be obtained from the City of Anaheim, Business License Division of the Finance Department. 14. That all signs shall conform to the CL (Commercial Limited) Zone. Any additional signage shall be subject to review and approval by the Zoning Division. Any decision by the Zoning Division may be appealed to the Planning Commission for review and approval as a"Reports and Recommendations" item. 15. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and • which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2 and as conditioned herein. 12-15-03 Page 9 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES 16. That there shall be a camera/video surveillance recording system capable of • delineating, on playback of the system, the activity and physical features of persons or areas within the premises. The system shall cover all entrances and exit points, in and about the premises, the property directly adjacent to the entry and exit doors, and all interior spaces. The system shall be subject to inspection by the City during business hours any day of the week. The system shall be maintained in good working order at all times. 17. That at least one (1) state-licensed security guard shall be on the business premises at all times, seven days a week, during the hours of darkness. 18. That approvai of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 7 minutes (2:18-2:25) • • 12-15-03 Page 10 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES ~ • 5a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved 5b. CONDITIONAL USE PERMIT NO. 4047 Approved reinstatement (TRACKING NO. CUP2003-04798) for 5 years (to expire on November 9, 2008). OWNER: Hunters Pointe Homeowner's Association, 14600 Goldenwest Street, #A102, Westminster, CA 92683 AGENT: Susan Fisher Stevens, 6391 Sprint Parkway, Overland Park, KA 66251 LOCATION: 6900 East Canvon Rim Road. Property is approximately 3.1 acres, having a frontage of 545 feet on the south side of Canyon Rim Road, located 180 feet west of the centerline of Fairmont Boulevard. Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on January 26, 1999 to expire November 9, 2003) to retain a telecommunication antenna facility on an existing lattice lower (Edison) structure and accessory ground-mounted equipment. CONDITIONAL USE PERMIT RESOLUTION NO. PC2003-167 sr5071jrsf.doc Chairperson Vanderbilt opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 5, Conditional Use Permit No. 4047. Applicant's Testimony: Christopher Glass, representing Sprint PCS, 18200 Von Karmen, Irvine, CA, stated his client has been operating in compliance with the original conditions of approval and without complaints. He asked that Commission reinstate the permit. THE PUBLIC HEARING WAS CLOSED. I FOLLOWING IS A SUMMARY OF THE PLANNWG COMMISSION ACTION_ I OPPOSITION: None ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED, that the Anaheim City Planning Commission does hereby determine that the previously-approved Negative Declaration is adequate to serve as the required environmental documentation for subject request. Approved the request for reinstatement of Conditional Use Permit No. 4047 (Tracking No. CUP2003-04798) to retain a telecommunication antenna facility on an existing lattice tower (Edison) structure and accessory ground-mounted equipment for a period of five (5) years, to expire on November 9, 2008. Amended Resolution No. 99R-22 in its entirety and replaced it with a new resolution which includes the following conditions of approval: CJ 1. That the telecommunications antennas shall be approved for a period of five (5) years, to expire on November 9, 2008. 12-15-03 Page 11 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES 2. That only three (3) antenna arrays with two (2) antennas each may be located on • the existing tower at a maximum height of sixty six (66) feet; and that one (1) GPS- type antenna may be mounted to the one hundred twenty degree (120°) sector or located on the proposed accessory ground-mounted equipment. No additional antennas shall be permitted without the approval of the Planning Commission. 3. That the antennas shall be finished and painted to match the existing lattice tower structure. That if the finish or color of the lattice tower is modified, the antennas shall be modified accordingly. 4. That the operator shall ensure that its installation and choice of frequencies will not interfere with the 800 MMz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for Public Safety and related purposes. 5. That at all times the operator shall not prevent the City of Anaheim from having adequate spectrum capacity on City's 800 MHz radio frequency. 6. That the operator shall submit to a post-installation test to confirm that the facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriff's Department or a Division-approved contractor at the expense of Operator. 7. That the operator shall provide a 24-hour phone number to which interference problems may be reported, and shall resolve all interference complaints within 24 hours. 8. That the operator sha11 provide a"single point of contact" in its Engineering and • Maintenance Departments to ensure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to City's designated representative. 9. That the operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of the faci{ity, sha{I comply with the terms and conditions of this permit. 10. That any activity related to disturbing or removal of Coastal Sage Scrub habitat would be required to follow the provisions of the NCCP/MCP program listed in Resolution No. 99R-22 adopted in connection with Conditionai Use Permit No. 4047. 11. That no signage, flags, banners, or any other form of advertising shall be attached to the antennas. 12. That this property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, marked Revision No. 1 of Exhibit Nos. 1, 2, 3, 4, 5 and 6, and as conditioned herein. 13. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State, and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. • VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. 12-15-03 Page 12 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES • DISCUSSION TIME: 2 minutes (2:26-2:28) • ~ 12-15-03 Page 13 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES ~ 6a. CEQA NEGATIVE DECLARATION lPREVIOUSLY-APPROVED) Approved 6b. CONDITIONAL USE PERMIT NO. 4076 Approved reinstatement (TRACKING NO. CUP2003-04794) for 5 years (to expire on December 21, 2008). OWNER: Elvee Inc., 200 West Midway Drive, Anaheim, CA 92805-6552 AGENT: Barbara Saito, Nextel Communications, 310 Commerce, Irvine, CA 92602 LOCATION: 200 West Midwav Drive. Property is approximatefy 6.65 acres, having a frontage of 980 feet on the south side of Midway Drive, located 400 feet west of the centerline of Anaheim Boulevard (Anaheim Resort R.V. Park). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on December 21, 1998 to expire December 21, 2003) to retain a 52-foot high telecommunication facility (faux palm tree) with accessory ground- mounted equipment. CONDITIONAL USE PERMI7 RESOLUTION NO. PC2003-168 sr5072jr.doc Chairperson Vanderbilt opened the public hearing. • Commissioner Bostwick abstained due to his owning property in the area. Greg McCafFerty, Principal Planner, introduced Item No. 6, Conditional Use Permit No. 4076. ApplicanYs Testimony: Barbara Saito, representing Nextel Communications, 310 Commerce, Irvine, CA, requested not to be required to install a fifth tree due to the area being too tight for a 36-inch box tree, and because Eucalyptus trees taller than 30 feet, become earthbound and usually do not survive transplanting. Pubfic Testimony: Paul Bostwick, 200 W. Midway Drive, Anaheim, CA, asked that Eucalyptus trees not be planted in the area. THE PUBLIC HEARING WAS CLOSED. Mr. McCafferty stated staff would refer to the City Urban Forestry Division for a recommendation. OPPOSITION: None ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner Bostwick abstained), that the Anaheim City Planning Commission does hereby determine that the previously-approved Negative Declaration is adequate to serve as the required environmental documentation for ~ subject request. Approved the request for reinstatement of Conditional Use Permit No. 4076 (Tracking No. CUP2003-04794) to retain a 52-foot high telecommunication facifity (faux palm tree) 12-15-03 Page 14 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES with accessory ground-mounted equipment for a period of five (5) years, to expire on ~ December 21, 2008. Amended Resolution Nos. PC98-198 and PC99-65 (Nunc Pro Tunc) in their entirety and replaced it with a new resolution which includes the foilowing conditions of approval (Condition No. 14 was modified at today's meeting): 1. That the proposed telecommunications facility, consisting of one (1) mono-pole "palm tree" with three (3) antenna arrays with four (4) antennas each, shall be permitted for a period of five (5) years, to expire on December 21, 2008. 2. That a maximum of three (3) antenna arrays with four (4), four (4) feet high by one (1) foot wide, panel type antennas each may be located on the monopalm and that the overall structure shall not exceed a maximum height of fifty two (52) feet. That two (2) GPS (Global Positioning Antennas) shali be permitted on the accessory ground-mounted equipment. No additional or replacement antennas shall be permitted without the prior approval of the Planning Commission. 3. That no signs, flags, banners or any other form of advertising or identification shall be attached to this proposed mono-palm structure. 4. That a six (6) foot high block wall, planted with rapid growing clinging vines on maximum three (3) foot centers, shall be maintained around the accessory ground- mounted equipment. Barbed wire shall not be permitted. 5. That the height of the monopalm shall not exceed the height of the attached panel antennas at any time. If the panels are lowered, the monopalm height shall be • lowered to correspond with the height of the panel antennas. 6. That the operator shall ensure that its installation and choice of frequencies does not interfere with the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for Public Safety and related purposes. 7. That at all times, the operator shal{ not prevent the City of Anaheim from having adequate spectrum capacity on City's 80p MHz radio frequency. 8. That the operator shall submit to a test to confirm that the facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriff's Department or a Division-approved contractor at the expense of Operator. 9. That the operator shalf provide a 24-hour phone number to which interference problems may be reported, and shall resolve all interFerence complaints within 24 hours. 10. That the operator shall provide a"single point of contact" in its Engineering and Maintenance Departments to ensure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to City's designated representative. 11. That the operator shall ensure that any of its contractors, sub-contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit. • 12. That landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 12-15-03 Page 15 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES 13. That the telecommunication facility shall maintain a minimum of three (3) ~ mature palm trees, each to be to a minimum of thirty (30) feet high, and five (5) mature eucalyptus trees, each to be minimum thirty six (36) inch box sized. 14. That the petitioner shall remove and replace the two (2) northern-most dead palm trees with two (2) mature Phoenix dactilifera palms, a minimum of thirty (30) feet high or such other height as determined by the Urban Forestry Division, et~ in the location indicated on the approved exhibits. 15. That the subject property shali be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 4, and as conditioned herein, including that the monopole shall be relocated as specified by Condition No. 7, above. 16. That within a period of ninety (90) days from the date of this resolution, Condition Nos. 8, 9, 10, 14 and 15, above-mentioned, shall be complied with. 17. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable city, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. VOTE: 6-0 (Commissioner Bostwick abstained) • Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 6 minutes (2:29-2:35) ~ 12-15-03 Page 16 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES . 7a. CEQA NEGATIVE DECLARATION Approved 7b. WAIVER OF CODE REQUIREMENT Approved 7c. CONDITIONAL USE PERMIT NO. 2003-04796 Granted OWNER: Winheim LLC, 1600 South State College Boulevard, Anaheim, CA 92806 AGENT: Jack Chyczewski, Winheim LLC, 1600 South State College Boulevard, Anaheim, CA 92806 LOCATION: 2300 East Winston Road. Property is approximately 8.7 acres, having a frontage of 307 feet on the south side of Winston Road, located 640 feet west of the centerline of Sunkist Street. To permit and retain an outdoor tile storage yard with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC2003-169 sr3055ey.doc Chairperson Vanderbilt opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 7, Conditionai Use Permit No. 2003-04796. ApplicanYs Testimony: ~ Jack Chyczewski, owner of Atlanta Tile, Inc., Winheim LLC, 1600 South State College Boulevard, Anaheim, CA, stated he had no concerns regarding the conditions of approval. THE PUBLIC HEARING WAS CLOSED. Mr. McCafferty introduced two additional conditions to the conditions of approval. Mr. Chyczewski requested an opportunity to explore his options if it were not a requirement by the County of Orange. James Ling, Associate Civii Engineer, clarified that an onsite Water Quality Management Plan is a County requirement, but if the tile storage acts as an impervious surface the City could impose further restrictions at its discretion. Selma Mann, Assistant City Attorney, clarified that the fee had not been adopted by the City Council, but is a Conditional Use Permit fee based upon the impacts of the subject development, and that additional information would be required to link any amount that would be proposed. Mr. McCafferty clarified that if there is a rough proportionality between the impacts the project creates, the fee could be assessed. • • ~ ~ ! 11 11 ! : • . ! - - - • 11 11 • - _ • - OPPOSITION: None • ACTION: Approved CEQA Negative Declaration Approved Waiver of Code Requirement 12-15-03 Page 17 DECEMBER 15, 2003 PLANNING COMMiSSION MINUTES Granted Conditional Use Permit No. 2003-04796 (to permit and retain an outdoor tile • storage yard), subject to the conditions of approval as stated in the staff report dated December 15, 2003, with the following modifications: Added the following conditions of approval to read as follows. That the applicant shall submit a Water Quality Management Plan specifically identifying the post construction best management practices that will be used on site to control predictable pollutants from storm water runoff. The Water Quality Management Plan shall follow guidelines and formats as set forth in the Exhibit 7.11 of the Drainage Area Management Plan. That an amount to mitigate drainage impacts in the Stadium Area shall be paid prior to approval of the grading plan. The estimated cost to mitigate the impact is $20,600 per acre. Credit will be applied for existing development on the project site. The project architect or engineer shall document the existing impervious area and the proposed impervious area. If the impervious area increases as a result of the project, a mitigation fee proportional to the increased area shall be payable. If the impervious area remains the same or decreases, no impact fee shall be required. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 35 minutes (2:36-3:11) • • 12-15-03 Page 18 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES • 8a. CEQA CATEGORICAL EXEMPTION - CLASS 1 8b. CONDITIONAL USE PERMIT NO. 1098 (TRACKING NO. CUP2003-04801) OWNER: Huarte Family Partnership, 5036 Tierra Del Oro, Carisbad, CA 92008 AGENT: William Talley, Talley and Associates, Inc., 25241 Paseo de Alicia, Suite 120, Laguna Hills, CA 92653 LOCATtON: 320 North Park Vista Street. Property is approximately 29.5 acres, located at the southeast corner of Park Vista Street and Jackson Avenue (Rio Vista Mobilehome Park). Request to amend exhibits for a previously-approved mobilehome park and to permit accessory management offices. CONDfTIONAL USE PERMIT RESOLUTION NO. PC2003-170 Concurred with staff Approved request to amend exhibits and to permit accessory management offices. sr1135cw.doc Chairperson Vanderbilt opened the public hearing. • Greg McCafferty, Principal Planner, introduced Item No. 8, Conditional Use Permit No. 1098. ApplicanYs Testimony: William Talley, representing Huarte Family Partnership, 25241 Paseo de Alicia, Suite 120, Laguna Hills, CA, requested to amend the original 1969 exhibit for a building that was never built, to the actual usage and footprint of the building currently existing, plus the additions they have committed to build. Public Testimony: Wallace Tricc, Laura Milfard, Rosalind Kasen, Ann Cassidy, John Conlon, Johnnie Evington, Lela McDuff, Susan Figueroa, Karen Dupack, and Rosalie Gomez, of 320 N. Park Vista, Anaheim, CA, and Milt Burdick, 5700 Carbon Canyon Rd, #131, Brea, CA, spoke and/or submitted Speaker's Cards in opposition to the request to amend the original exhibit to the existing usage, but rather wished to have more usage of the mobile park's facilities in accordance to their lease agreement and/or according to privileges given by previous management. Charles Hugill, 2901 E. Greenhedge Ave., Anaheim, CA, spoke in opposition to the commercial activity taking place on the site and in favor of maintaining a residential environment. Abe Arrigotti, and Vickie Talley, representatives for Huarte Family Partnership, 320 N. Park Vista St., Anaheim, CA, submitted Speaker's Cards in favor of the Conditional Use Permit. Chairperson Vanderbilt clarified that it is not within the jurisdiction of the Pianning Commission to determine fulfillment of the lease agreement, but rather areas with respect to changes of square footage of the facility or commercial operation on the site. Commissioners expressed concerns with the commercial use in the residential area, and also with both the mobile home staff and residents working together to build positive community morale. L .J FOLLOWING 1S A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: 12 people spoke in opposition and material was submitted in opposition to the subject request. 12-15-03 Page 19 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES Correspondence was received, prior to the meeting, in opposition. • ACTION: Commissioner Eastman offered a motion, seconded by Chairperson Vanderbilt and MOTION CARRIED, that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 1(Existing Facilities), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Commissioner Eastman offered a resolution to approve, in part, by approving the request to amend exhibits for the previously approved mobi{ehome park, and denying the request to permit accessory management offices. The resolution FAtLED TO CARRY with the following vote: AYES: Eastman, Flores and Vanderbilt NOES: Bostwick, Buffa, O'Connell and Romero ABSENT: None Commissioner Bostwick offered an alternate resolution to approve the requests to amend exhibits for a previously approved mobilehome park and to permit accessory management offices. Incorporated conditions of approva~ contained in Resolution No. PC2002-168 into a new resolution which includes the following conditions of approval (Condition Nos. 1 and 2 are new conditions; Condition No. 1 was modified at today's meeting). • 1. That on-site management offices shall be limited to Rio Vista Mobile Home Park management. iJe~ciNn~rl •.r~iJ rscs~wierl F~ e I~~i ..~:.lnr~+~ ~f +he w~~hilnh~mn r»r4 ...~...... ....... ......... ....... .... ...... ..) .....~.....,..... ... ..... ......~....-....... r~..., ~ 2. That plans for any additionai recreation amenities and/or modifications to the existing amenities shall be reviewed and approved by Zoning Division of the Planning Department, prior to approval by any agency. 3. That abandonment of the oil well pump site shall be in conformance with abandonment procedures contained in Anaheim Municipal Code 17.1.080. 4. That a copy of approval from the Division of Oil and Gas be provided to the Zoning Division confirming compliance with all oil well abandonment proceedings required under State law. 5. That trash storage areas shall be maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or _ highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. 6. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 3, Exhibit No. 1, (dated ~ August 27, 2002) Exhibit No. 2(Recreation building elevations) and Revision No. 1, Exhibit No. 3(Recreation building floor plans and elevations of new recreation building) and as conditioned herein. 12-15-03 Page 20 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES • 7. That within ninety (90) days from the date of this resolution, Condition Nos. 1 and 2 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 8. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulat+ons. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. VOTE: 5-2 (Commissioners Eastman and Flores voted no) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSS(ON TIME: 1 hour and 50 minutes (3:12-5:02) Commissioner Romero left the Chambers. (5:02 p.m.) A 5-minute break was taken. (5:02-5:07 p.m.) ~ ~ 12-15-03 Page 21 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES • i ~~ 9a. 9b. 9c. 9d. 9e. 9f. CEQA MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT NO. 2003-00415 RECLASSIFICATION NO. 2003-00113 WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2003-04800 REQUEST FOR CITY COUNCIL REVIEW OF ITEM NOS. 9as9c, Approved Recommended adoption of Exhibit "A" to City Council Granted Approved Granted, in part mended City Counci~ revew 9d AND 9e . OWNER: Melvin R. Schantz, 21 Chelsea Point, Dana Point, CA 92629 AGENT: Hossein Zandi, Caliber Motors, 5395 East La Palma Avenue, Anaheim, CA 92807 LOCATION: Property is approximately 5.7 acres, located at the northeast terminus of Via Cortez and south of the SR-91 (Riverside Freeway), having a frontage of 161 feet on the terminus of Via Cortez, located 837 feet north of the centerline of Santa Ana Canyon Road (No address). GENERAL PLAN AMENDMENT NO. 2003-00415 - To amend the Land Use Element Map of the Anaheim Generai Plan redesignating the property from the Hiliside Low-Medium Density Residential land use designation to the General Commercial land use designation. RECLASSIFICATION NO. 2003-00113 - To reclassify the property from the RS-5000 (SC) (Residential, Single-Family; Scenic Corridor Overlay) zone to the CL (SC) (Commercial, Limited; Scenic Corridor Overlay) zone. CONDITIONAL USE PERMIT NO. 2003-04800 - To permit and construct an automotive sales dealership with accessory roof-mounted equipment with a structural height greater than 35 feet with waivers of: (a) maximum number of wall signs, (b) maximum structural height adjacent to a single- fami{y residential zone, (c) minimum structural setback adjacent to a freeway, and (d) required landscape setback adjacent to an interior site boundary line abutting a residential zone. GENERAL PLAN AMENDMENT RESOLUTION NO. PC2003-171 RECLASSIFICATION RESOLUTION NO. PC2003-172 CONDITtONAL USE PERMIT RESOLUTION NO. PC2003-173 sr8673av.doc (mmplans/plan122) Chairperson Vanderbilt opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 9, Conditional Use Permit No. 2003-04800. ApplicanYs Testimony: Don Bering, 5395 E. La Palma Ave., Anaheim, CA, Chief Financial Officer of Caliber Motors, Inc., proposed to build a satellite vehicle sales facility consisting of a two-story showroom/office building and a one-story building for cleaning and detailing of cars. Joseph Marca, architect, Escondito, CA, presented a PowerPoint illustration of the site plans. 12-15-03 Page 22 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES • Public Testimony: Sonja Grewal, P.O. Box 17224, Santa Ana, CA, Mark A. Garcia, 249 Calle Da Gama, Melissa Monk- Turney, 5806 E. Tree House Lane, Jack Cruelle, 6121 E. Via Sabia, Daniel Reeves, 207 S. Calle, Da Gama, and Betty Delligatia, 6059 Camino Manzano all of Anaheim, CA, spoke and/or submitted Speaker's Cards in opposition to the Conditional Use Permit, expressing that it did not fit in with the residential environment. Stefanie O'Neill, 216 S. Mohler, Anaheim, CA, spoke with concerns. Anita Seagley, representative of D.R. Horton Development, stated their feasibility study determined that the project would create a negative traffic impact on the community, and was not suitable for residential environment. THE PUBUC HEARING W,AS CLOSED. Commissioners Eastman, Bostwick and Buffa expressed concern that the highly reflective glassed, two- story building, wifl not be compatible to the community. Commissioner O'Connell feels it will not be an impact to the community. Scott Pointer, D. R. Horton Development, spoke regarding the addition of a retaining walf with green- coated chain link on top with vines. Mr. McCafferty stated a mitigated negative declaration, with the photometric analysis, was submitted to Caltrans, and Caltrans did not make a comment with regards to the lighting. i OPPOSITION: 6 people spoke in opposition (one represented the Anaheim Hilts Citizens' Coalition). A petition was received with 661 signatures in opposition. Correspondence was received in opposition to the subject request. IN GENERAL: 3 people spoke in general but did not express support or opposition (one rep~esented the Concerned Citizens of the Canyon). ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Romero absent), that the Anaheim City Planning Commissian does hereby determine that the CEQA Mitigated Negative Declaration in conjunction with Mitigation Monitoring Plan No. 122 is adequate to serve as the required environmental documentation for subject request. Recommended City Council approval of General Plan Amendment No. 2003-00415 (to redesignate this property from the Hillside Low-Medium Density Residential land use designation to the General Commercial land use designation) by adopting Exhibit "A". Granted Reclassification No. 2003-00113 (to reclassify this property from the RS-5000(SC) Zone to the CL(SC) Zone), subject to the conditions of approval as stated in the staff report dated December 15, 2003. Approved Waiver of Code Requirement, as follows: ~ Approved waiver (b) pertaining to maximum structural height adjacent to a single-family residential zone, with a stipulation made at today's meeting that the maximum structural height including any roof-mounted equipment, shall be 32 feet. Vote: 5-1 (Commissioner O'Connell voted no and Commissioner Romero absent) 12-15-03 Page 23 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES ~ Approved waivers pertaining to (a) maximum number of wall signs, (c) minimum structural setback adjacent to a freeway, and (d) minimum landscape setback adjacent to an interior site boundary line abutting a residential zone. Vote: 6-0 (Commissioner Romero absent) Granted, in part, Conditional Use Permit No. 2003-04800 (to permit and construct an automotive sales dealership with accessory roof-mounted equipment with a total structural height not to exceed 32 feet), subject to the conditions of approval as stated in the staff report dated December 15, 2003, with the following modifications: Modified Condition Nos. 10, 32 and 44 to read as follows: 10. That a finaf landscape and fencing plan for the entire site, indicating type, size and location of proposed landscaping, a~ irrigation and fencing, shall be submitted to the Zoning Division of the Planning Department for review and approval. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission, and/or City Council. Said information shall be specifically shown on plans submitted for building permits. Said plan shall include landscape screening for the north side of the vehicle preparation building, to eliminate graffiti opportunities. 32. That any lighting adjacent to the south property line shall be arranged and directed as to reflect the light away from adjoining residential properties and shall not exceed a height of twelve (12) feet. Any lighting adjacent to the freeway may be increased to a height not to exceed eighteen (18) feet provided that said ~ increase in height would have the same lighting affect on the adjoining residential properties to the south as the 12-foot high light standards. Said information shall be specifically demonstrated on plans submitted for building permits. 44. That prior to final building and zoning inspections, Condition No. 42, above-mentioned, shall be complied with. Added the following conditions of approval to read as folfows: That fina! elevation plans incorporating suggestions made by the Planning Commission at the December 15, 2003, public hearing regarding the architecture shall be submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendations item. Said plans shall incorporate any roof-mounted equipment into the design of the building. That on-site advertising signage shall only be illuminated during hours of operation. Plans submitted for building permits shall demonstrate that the lighting from the signage shall not cause excessive light and/or glare for the residents to the south. Recommended City Counci! consideration of the Mitigated Negative Declaration and associated Mitigation Monitoring Plan, Reclassification, Waiver of Code Requirement, and Conditional Use Permit requests in conjunction with City Council's mandatory review of the General Plan Amendment. ~ VOTE: 6-0 (Commissioner Romero absent) 12-15-03 Page 24 DECEMBER 15, 2003 PLANNING COMMISSION MINUTES Selma Mann, Assistant City Attorney, stated this item would be set for a public hearing before the City . Council. DISCUSSION TIME: 1 hour and 56 minutes (5:07-7:03} MEETING ADJOURNED AT 7:04 P.M. TO MONDAY, JANUARY 12, 2004 AT 10:30 A.M. FOR A PRESENTATION ON THE BROWN ACT AND DUE PROCESS BY THE CITY ATTORNEY'S OFFICE AND PRELIMINARY PLAN REVIEW. Respectfully submitted: ~~ Pat C andler ~ Senior Secretary Received and approved by the Planning Commission on , 2003. ~ 12-15-03 Page 25