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Minutes-PC 2004/04/19 (2)C~ • ~J CITY OF ANAHEIM PLANNING COMMISSION MINUTES MONDAY, APRIL 19, 2004 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRPERSON: JAMES VANDERBILT-LINARES COMMISSIONERS PRESENT: KELLY BUFFA, GAIL EASTMAN, CECILIA FLORES, JERRY O'CONNELL, DAVID ROMERO COMMISSIONERS ABSENT: ~ STAFF PRESENT: ~,~-_ Joel Fick, Deputy City M ager Selma Mann, Assista~~~~y Sheri Vander Duss ~~ ~,~P ann~ Greg Hastings, Z ~g~~ "~~~isic~r~ Annika Santalat~~~ 'n~A~ ~~i Greg McCaffe .~~~ nc' ~ I'' °. a~' Linda Johnso ,~,~cting A~ anc ~ ~r~. ~ AGENDAf Thursday,' the outside PUBLISHE CALL TO ! ~ ~ DI~CI~S"~~,I`ON I~~G~RI~ • ~~STAFF~'lJ ATE~~O~` C ~~VELO~ N~~~ ND~ ~. ~9ANNING~t~,~~ ~ ISSI! • P' ~I:IMI_:[~PqRY~P~~N R ing Commission Agend nner Planner ~ a.m. on d also in C~DF~`"~ PDATES ~~I EMS OI~T1~~~1?'1~4L' ~9, 2~0~"AGENDA ~~ ~ ~~ ~TM ~, ~ ~~f~ ::~-`~ ~~ ~ ~~' ~ " ~ ~ ~~ ~~'~ RECESS TO AFTERNdq'IV~P~JBLI~` HE`ARI~V~r~ ~~~~ ~ ~ RECONVENE TO PUBLIC HEi4~IN~a 1: ~,P. '. For record keeping purposes, if~y ~~`~H~~~ e complete a speaker card and submit if a h~s~c `.~, PLEDGE OF ALLEGIANCE: Commissioner Flores PUBLIC COMMENTS CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT any item on the agenda, please - - - - - - - -------------------------------------------------------------------------------------I H:\DOCS~CLERICAUMINUTES~AC041904.DOC planninqcommission(a~anaheim.net ~~ ~ ~. _~~. _,, ._.~ ~ :~.; ~ ~ ~~" ~er James Lin~~ Ass~ Elly Morris, Se~`i Pat Chandler, Se ning Manager Danielle Masciel, APRIL 19, 2004 PLANNING COMMISSION MtNUTES • 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 Eastman offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Bostwick absent), for approval of Consent Calendar Items (1-A through 1-C) as recommended by staff. UNANIMOUSLY APPROVED 1. REPORTS AND RECOMMENDATIONS ~ u A. (a} CEQA EXEMPTION-SECTION 15061(b)(3) GENERAL RULE Concurred with staff (b) RECLASSIFICATION NO. 2004-00118 Approved Initiation of Reclassification proceedings (c) CONDITIONAL USE PERMIT NO. 2004-04847 Approved Initiation of City of Anaheim, Communiry Development Department, 201 South Anaheim Conditional Use Permit Boulevard, Suite 1003, Anaheim, CA 92805, requests initiation of a proceedings reclassification from the ML (Limited Industrial) Zone to the CL (Commercial, Limited), or less intense zone and requests initiation of a conditional use permit to permit the construction of an automobile sales dealership with (Vote: 6-0, Commissioner automotive repairs. Property is located at 1501 West Lincoln Avenue BostwiCk absent) (Anaheim Chevrolet). ACTION: Commissioner Eastman offered a motion, seconded by Commissioner O'Connelf and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of CEQA Exemption Section 15061(b)(3), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. Commissioner Eastman offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby approve the initiation of Reclassification No. 2004-00118 to reclassify the properties from the ML (Limited Industrial) Zone to the CL (Commercial, Limited) Zone, or less intense zone. Commissioner Eastman offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby approve the initiafion of Conditional Use Permit No. 2004-04847 to permit the construction of an automobile sales dealership with automotive repair. sr5092jr.doc 04-19-04 Page 2 APRIL 19, 2004 PLANNING COMMISSION MINUTES ~ B. Receiving and approving supplemental detailed Minutes for Item Approved No. 2, Conditional Use Permit No. 3420 (Tracking No. CUP2004- 04829) and Determination of Public Convenience or Necessity No. (Vote: 6-0, 2004-00014, from the Planning Commission Meeting of March 22, Commissioner Bostwick 2004, scheduled to be heard as a public hearing item before City absent) Council on Tuesday, Aprii 27, 2004. (Motion) ACTlON: Commissioner Eastman offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby receive and approve the supplemental detailed Minutes for Item No. 2, Conditional Use Permit No. 3420 (Tracking No. CUP2004-04829) and Determination of Public Convenience or Necessity No. 2004-00014, from the Planning Commission Meeting of March 22, 2004. C. Receiving and approving the Minutes from the Planning Commission Approved Meeting of April 5, 2004. (Motion) (Vote: 6-0, ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Bostwick . Commissioner O'Connell and MOTION CARRIED (Commissioner Bostwick absent) absent), that the Anaheim City Planning Commission does hereby receive and approve the minutes for the Planning Commission meeting of April 5, 2004. \ J 04-19-04 Page 3 APRIL 19, 2004 PLANNING COMMISSION MINUTES • PUBLIC HEARING ITEMS: 2a. CEQA NEGATIVE DECLARATION Continued to 2b. WAIVER OF CODE REQUIREMENT May 17, 2004 2c. CONDITIONAL USE PERMIT NO. 2003-04811 OWNER: Larry Bedrosian, 710 East Ball Road, Anaheim, CA 92802 AGENT: B.J. Mueller, P.O. Box 18085, Anaheim, CA 92817 LOCATION: 2920 East Whitestar Avenue. Property is approximately 1-acre, having a frontage of 233 feet on the southwesterly side of White Star Avenue, located 725 feet southeast of fhe centerline of La Palma Avenue. Request to permit and retain a church within an existing industrial building with waiver of minimum number of parking spaces. Continued from the January 12 and March 8, 2004 Planning Commission meetings. CONDITIONAL USE PERMIT RESOLUTION NO. sr5090jr.doc Chairperson Vanderbilt-Linares opened the public hearing. • Greg McCafferty, Principal Planner, introduced Item No. 2, stated staff continues to recommend denial of the subject request based on the shortage of parking on site and the lack of securing agreements off site. Applicant's Statement: Ed Perez, 6765 E. Leafwood, Drive, Anaheim, CA, stated he is the consultant representing Way of Life Church. He informed a letter dated April 16, 2004 was presented today and shows the progress they have made in an attempt to secure any agreements. The owners of 2961 and 2971 E. Whitestar Avenue are currently reviewing documentation to consider an agreement, which would provide an additional 197 parking spaces and he explained progress is being made on behalf of the applicant and business owners. As of April 9, 2004 a landowner has agreed to enter into a parking lease agreement and he asked Commission to work with the applicant as they are trying to resolve the parking issue and stated two additional letters have been submitted to neighboring tenants to consider the matter. THE PUBLIC HEARING WAS CLOSED. Commissioner O'Connell referred to the parking lease agreement and asked what does it entail. Mr. Perez responded it is to lease the parking location and to pay an insurance agreement with the owner, and currently the same dialogue continues with some of the other neighboring tenants. The agreement submitted today would provide an additional 39 spaces. There is also a second tenant in the process that would provide an additional 197 parking spaces. Chairperson Vanderbilt-Linares stated if they were to continue the item they would need an acceptance by ~ the applicant to waive the Streamlining Act. 04-19-04 Page 4 APRIL 19, 2004 PLANNING COMMISSION MINUTES • Commissioner Buffa referred to the parking lease agreement and indicated it states it's for a term through April 2009, and the lease on the building expires in September 2005. She asked if they plan to stay at the subject location beyond September 2005. Mr. Perez stated if the applicant relocated the agreement would terminate, it is not designed to lock in either party. Commissioner Buffa asked if the applicant is willing to consider a waiver of the Permit-Streamlining Act, because the Commission must take action by June 3~d. Therefore, if the applicant grants a waiver of the Permit-Streamlining Act then the Commission could consider another continuance in order for the applicant to continue working on obtaining necessary agreements to resolve the parking issue. Selma Mann, Assistant City Attorney, clarified it is not a waiver, but a 90-day continuance of the Permit Streamlining Act Limit. Commissioner Buffa asked staff if it would need to be in writing by the applicant. Mr. McCafferty responded yes. Selma Mann, Assistant City Attorney, clarified if it is stipulated by the applicant at today's public hearing, it would be satisfactory. Mr. Perez was in agreement. Commissioner Romero expressed concerns with the parking issue and he is not in support of another continuance since he feels they are trying to force something that is not an appropriate use. • Commissioner Eastman expressed her support of a continuance and she feels the applicant is making some progress. Commissioner O'Connell suggested continuing the item to May 17'h rather than 90 days since the item has previously been continued several times. Commissioner Buffa asked Selma Mann if the item is continued to May 17th would continuing the Permit Streamlining Act today be necessary since Commission has until June 3'd to take action. Selma Mann, Assistant City Attorney, verified it wouldn't be necessary. • • ~ ' - ~ ~ • • ~ • OPPOSITION: None ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Bostwick absent), to continue the subject request to the May 17, 2004, Planning Commission meeting in order for the applicant to work on obtaining necessary agreements to resolve the parking issue. VOTE: 5-1 (Commissioner Romero voted no and Commissioner Bostwick absent) DISCUSSION TIME: 28 minutes (1:37-2:05) ~ 04-19-04 Page 5 APRIL 19, 2004 PLANNING COMMISSION MINUTES • 3a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 3b. WAIVER OF CODE REQUIREMENT 3c. CONDITIONAL USE PERMIT NO. 3876 (TRACKING NO. CUP2004-04836) OWNER: Julio Vivas, Unitarian Church of Orange, 511 South Harbor Boulevard, Anaheim, CA 92905 AGENT: Susan Secoy, Secoy Architects, 112 East Chapman Avenue, Suite E, Orange, CA 92866 LOCATION: 511 South Harbor Boulevard. Property is approximately 0.5-acre, located at the southwest corner of Santa Ana Street and Harbor Boulevard (Unitarian Church of Orange County). Request to amend exhibits for a previously-approved church to construct accessory Sunday school classroom building with waiver of minimum number of parking spaces. Continued from the April 5, 2004 Planning Commission Meeting. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-40 Chairperson Vanderbilt-Linares opened the public hearing. • Greg McCafferty, Principal Planner, introduced Item No. 3. Applicant's Statement: Approved Approved Approved amendment sr8719av.doc Julio Vivas, President of the Board of Directors, Unitarian Church of Orange, he stated they have experienced growth limitations at the subject location and have decided to add 670 square feet to their facility which will include two bathrooms and two rooms. The addition reduces the number of parking spaces from 24 to 22, but there has been an agreement for some time with adjacent Benjamin Franklin School to use their lot as a playground and they recently have received permission to also use their parking spaces which is empty on Sundays. THE PUBLIC HEARING WAS CLOSED. Mr. McCafferty explained that the Traffic and Transportation Manager reviewed the parking demand without the assumption that the applicant would be able to use the adjacent school property, and it was determined that the parking was adequate. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning • Commission does hereby determine that the previously-approved Negative Declaration is adequate to serve as the appropriate environmental documentation for this project. Approved Waiver of Code Requirement 04-19-04 Page 6 APRIL 19, 2004 PLANNING COMMISSION MINUTES • Approved request to amend Conditional Use Permit No. 3876 (Tracking No. CUP2004- 04836) to amend exhibits for a previously-approved church to construct an accessory Sunday school classroom building and adoption of the resolution attached to the staff report dated April 19, 2004, including the findings and conditions contained therein. VOTE: 6-0 (Commissioner Bostwick absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal period. DISCUSSION TIME: 6 minutes (2:06-2:12) • ~ 04-19-04 Page 7 APRIL 19, 2004 PLANNING COMMISSION MINUTES ~ 4a. CEQA NEGATIVE DECLARATION Continued to 4b. GENERAL PLAN AMENDMENT NO. 2004-00418 May 17, 2004 4c. RECLASSIFICATION NO. 2004-00116 4d. VARIANCE NO. 2004-04601 4e. TENTATIVE PARCEL MAP NO. 2004-127 OWNER: Frank T. Minissale, 111 South Mohier Drive, Anaheim, CA 92808 AGENT: Duane Stout, 1316 Candiewood Street, Anaheim, CA 92805 LOCATION: 111 Mohler Drive. Property is approximately 1.5 acres, located at the southwest corner of Santa Ana Canyon Road and Mohler Drive. General Plan Amendment No. 2004-00418 - Request to amend the Land Use Element Map of the General Plan redesignating the property from the Hillside Estate Density Residential designation to the Hillside Low Density Residential designation. Reclassification No. 2004-00116 - Request reclassification of the property from the RS-A-43,000 (SC) (Residential/Agricultural; Scenic Corridor Overlay) zone to the RS-HS-22,000 (SC) (Residential, Single- Family - Hillside; Scenic Corridor Overlay) or a less intense zone. Variance No. 2004-04601 - Request waivers of: (a) minimum lot depth • adjacent to a scenic expressway, and (b) minimum lot area to construct 3 detached single-family homes. Tentative Parcel Map No. 2004-127 - Request to establish a 3-lot, 3-unit detached single-family subdivision. Continued from the April 5, 2004 Planning Commission Meeting. GENERAL PLAN AMENDMENT RESOLUTION NO. RECLASSIFICATION RESOLUTION NO. VARIANCE RESOLUTION NO. sr1148cw.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 4. ApplicanYs Statement: Phillip Anthony, 14101 La Patt #10, Westminster, CA, stated they are asking for 3 half-acre lots and feels it is compatible with the surrounding area. Because it is such a small piece, 3 parcels, it has to have its own private streets consisting of cul-de-sacs. Therefore, the streets take up an unusually large part of the lots for just 3 homes. Two of the lots meet the 19,000 square foot minimum size, minus the street; the third is a little under. He feels it meets the basic requirements for 3 half-acre lots. ~ 04-19-04 Page 8 APRIL 19, 2004 PLANNING COMMISSION MINUTES • Public Testimony: Mitzy Ozaki, 340 S. Timken Road, Anaheim, she expressed her opposition to the subject request and stated there is no hardship on the land and feels the motive is solely for financial gain. To approve the request would compromise the entire integrity of the residential hillside 22,000 square foot estate zone. Debbie O'Neal, 216 S. Mohler Drive, Anaheim, stated she is in support of the request and indicated she has been working with Mr. Minissale for about 7 months on cleaning up his property, but he does not have the money to do that. She also was working with the principal and another staff member at EI Rancho Jr. High School, they were not able to provide a letter from the school because she contacted them too late, but stated that the school is in favor of the subject request. She feels the homes would enhance the value of the surrounding neighborhoods. Phillip Joujon-Roche, 450 Via Vista, Anaheim, stated he represents the Santa Ana Canyon Property Owner's Association as they were founded in 1971 to preserve the rural atmosphere of the Mohler Drive, Eucalyptus area. Their area features an extensive system of hiking, riding trails, narrow and hilly roads, no sidewalks or streetlights, and half-acre minimum lot sizes; he expressed support of the half-acre minimum lot sizes to continue to remain for the area. Their association is concerned about the entrance to their neighborhood, and stated if the subject request is granted it will establish a precedent for variances in the northern part of Mohler Drive, and he asked Commission to deny the request. Sonja Grewal, P.O. Box 17578, Anaheim, stated she is speaking on beha(f of the Anaheim Hills Citizens' Coalition and they have submitted a letter to the Commission. She referred to the low-density resolution as indicated in the staff report, and it does specifically establish a Council Policy to retain low-density residential purposes. They are concerned about the waivers, but are very concerned about the general plan amendment and the inconsistency of the underlying zoning. The primary goals and policies of the Canyon Area General Plan have resulted in a semi-rural and non-congested community. They oppose the • general plan amendment based on the fact that it presents an inconsistent designation and underlying zoning and feels if the redesignation is approved then the zoning should also be low density. She cautions if approved, there would be other similar requests in the area. THE PUBLIC HEARING WAS CLOSED. Applicant's Rebuttal: Mr. Anthony stated the variances and area size is very minor and the property is already in three parcels, the change would redesign those three parcels in order for them to be a reasonable and useable shape. The combination of the general plan amendment, reclassification, variance and the tentative parcel map does limit the property to three lots, and the owner can't take advantage of the extreme limits of the general plan density range. He feels the request would be a tremendous improvement for the neighborhood and the City. Chairperson Vanderbilt-Linares stated at today's morning session there was a concern raised regarding the potential of people using the turn-around to pick up and drop off students from EI Rancho Jr. High School. There was discussion regarding a gated entrance to the subject property, and he asked Mr. Anthony if there would be any objection. Mr. Anthony responded the applicant hasn't planned on a gated entrance and doesn't believe there would be any objection, but stated the school's main entrance is quite a ways from the proposed private cul-de- sac, and directly behind the property there are school fences. Commissioner Buffa stated it might be more appropriate to address the issue if a problem arises rather than speculate. She feels if there is a problem regarding school traffic that the homeowners would address it to the City. ~ Chairperson Vanderbilt-Linares responded there was a question of egress onto the property and want to ensure they are not engineering something that they cannot fix down the road. 04-19-04 Page 9 APRIL 19, 2004 PLANNING COMMISSION MINUTES • Commissioner Romero stated based on the current situation in the area, it is very practical that school traffic would occur. Mr. Anthony stated they could look into the matter, but at this time he is unaware if the gate would fit since it has to be setback a certain distance from the street. Commissioner Eastman stated at today's morning session that Principal Transportation Planner Alfred Yalda indicated after construction that it would be problematic for the City to enforce because of it being a private street. Alfred Yalda, Principal Transportation Planner, stated the City doesn't require them to provide a full cul-de- sac and the project could be redesigned in order to provide a 20-foot setback for the turn-around area and he had previously offered that suggestion to the applicanYs civil engineer. Currently, the area is congested as traffic does backup for approximately 15 minutes in the morning and in the afternoon. Commissioner Eastman stated if there was room to do a different design with the street that it may alleviate the need for a variance. Mr. Anthony responded based on Mr. Yalda's comments, he feels that there must be room to do a different street design in order to save space for the lots and also for the safety setback of the gate from Mohler Drive. Further discussion took place regarding decreasing the size of the cul-de-sac, and increasing the lot sizes. Chairperson Vanderbilt-Linares asked Sonja Grewal if it would satisfy the concerns of the Anaheim Hills Citizens' Coalition if the applicant were able to comply with the lot size requirements. • Sonja Grewal responded no because her main concern was the proposed general plan amendment, as she feels it is totally out of character for the hillside estate density area. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. ~ OPPOSITION: 3 people spoke in opposition to the subject request (one person representing the Anaheim Hills Citizens' Coalition); 3 letters of opposition was received. IN SUPPORT: A person spoke in favor of the subject request. ACTION: Commissioner Romero offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioner Bostwick absent), to continue the subject request to the May 17, 2004, Planning Commission meeting in order for the applicant to explore reducing the width of the private street and increasing the lot sizes. VOTE: 6-0 (Commissioner Bostwick absent) DISCUSSION TIME: 41 minutes (2:13-2:54) • 04-19-04 Page 10 APRIL 19, 2004 PLANNING COMMISSION MINUTES • 5a. CEQA NEGATIVE DECLARATION (READVERTISED) 5b. WAIVER OF CODE REQUIREMENT 5c. CONDITIONAL USE PERMIT NO. 3262 (TRACKING NO. CUP2004-04838) OWNER: Mahesh Vyas, NNRSVII Limited Partnership, 5005 Hidden Glen Lane, Yorba Linda, CA 92887 AGENT: Neru Patel, 6220 Gossen Street, Simi Valley, CA 93063 LOCATION: 8245 and 8295 East Monte Vista Road. Property is approximately 1.74 acres, bounded by Weir Canyon Road, Monte Vista Road and Old Springs Road. Request amendment to Conditional Use Permit No. 3262 to construct a four (4) unit commercial retail center and a two-story medical office building, including roof-mounted equipment, with waivers of: (a) permitted commercial identification in the Scenic Corridor Overlay zone, (b) minimum setback adjacent to a scenic expressway and (c) required improvement of setback areas. Continued from the Aprif 5, 2004 Planning Commission Meeting. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-41 ~ Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 5. Applicant's Statement: Approved Approved Approved amendment sr3066ey.doc Dr. Mahesh Vyas, 21580 Yorba Linda Blvd., Suite 202, Yorba Linda, stated they have been working hard with the Planning staff to meet their needs and stay within the Codes, and he agrees with the conditions imposed. THE PUBLIC HEARING WAS CLOSED. Mr. McCafferty stated two issues were discussed at today's morning session regarding the reciprocal access with the carwash and to possibly revise the architecture renderings to reflect the architectural "style" of the area. Mr. Vyas responded there is a landscape strip between the carwash and their retail center, Planning staff had suggested they open one portion of that to make it easier for delivery trucks to turn for the loading zone. They are willing to work with staff regarding the type of architecture. He stated there is no set tone to the neighborhood and all the buildings are different. Commissioner Romero asked the applicant what type of businesses does he anticipate and if they are trying to attract any restaurant type uses. Mr. Vyas responded there was discussion with Planning staff and it was mentioned that a restaurant use would be preferred but was not necessary. He stated the current users that they are entertaining would not • be using any serving type of food service. Commissioner Romero asked if there was any interest of a bank at the facility. 04-19-04 Page 11 APRIL 19, 2004 PLANNING COMMISSION MINUTES • Mr. Vyas responded there have been some offers for a bank, but as of yet they haven't responded, therefore, he doesn't believe there is any further interest for a bank. Commissioner Eastman encouraged the applicant to explore a more detailed landscaping closer to the building than what is currently shown on the pians. Mr. Vyas responded a landscape plan has been submitted to the Planning Department, and they have exceeded the minimum requirement for trees on the site. Mr. McCaffierty stated they do have final elevation plans coming back to staff for review and approval, but they could have them come back before the Planning Commission with staff's recommendation, and if appropriate they could also include the final landscape plans. Chairperson Vanderbilt-Linares was in agreement. Further discussion amongst the Commission took place with support of additional landscaping. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACT10N: Approved CEQA Negative Declaration Approved Waiver of Code Requirement • Approved request to amend Conditional Use Permit No. 3262 (Tracking No. CUP2004- 04838) to construct a four (4) unit commercial retail center and a two-story medical office building including roof-mounted equipment in conjunction with an existing, previously- approved carwash, and adoption of the resolution attached to the staff report dated April 19, 2004, including the findings and conditions contained therein, with the following modifications: Modified Condition No. 3 to read as follows: 3. That final precise elevation and landscape plans shall be submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendations item. Said plans shall indicate the specific colors and materials of the proposed buildings; and that the landscape plan shall incorporate additional landscaping adjacent to the office building. VOTE: 6-0 (Commissioner Bostwick absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal period. DISCUSSION TIME: 23 minutes (2:55-3:18) (Following the subject item, Item No. 7 was heard.) ~~ L~ 04-19-04 Page 12 APRIL 19, 2004 PLANNiNG COMMISSION MINUTES 6a. ENVIRONMENTAL IMPACT REPORT NO. 330 A roved a Motion recommending pp ~ 6b. GENERAL PLAN AMENDMENT NO. 2004-00419 that the City Council find EIR No. 330, including the corrections and 6C. ZONING CODE AMENDMENT NO. 2004-00029 omissions addressed in Attachment 13 to the staff report, adequate to 6d. RECLASSIFICATION NO. 2004-00117 serve as the required environmental documentation for the proposed actions 6e. SPECIFIC PLAN AMENDMENT NO. 5 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 Recommended City Council adoption of General Plan Amendment including (TRACKING NO. SPN2004-00023) the corrections in Attachment 2 to the staff report and redesignating certain 6f. SPECIFIC PLAN AMENDMENT NO. 2 TO THE NORTHEAST Parcels in the Platinum Triangle from Office-Low land uses to Office-High AREA SPECIFIC PLAN NO. 94-1 ~and uses (TRACKING NO. SPN2004-00024) Recommended City Council adoption of Zoning Code Amendment including 6g. CEQA NEGATIVE DECLARATION the corrections in ,4ttacnment s to the 6h. TERMINATION OF DEVELOPMENT AGREEMENT NO. 91-01 staff report (TRACKING NO. DAG2004-00001) Recommended City Council approval of Reclassification 6i. REQUEST FOR CITY COUNCIL REVIEW OF 6d and 6q Recommended City Council adoption of Amendment No. 5 to SP92-2 • ENVIRONMENTAL IMPACT REPORT NO. 330 The City has prepared Draft Environmental Report No. 330 (DEIR) in Recommended City Council adoption compliance with the California Environmental Quality Act (CEQA) and of Amendment No. 2 to SP94-1 the state and City of Anaheim CEQA Guidelines. The DEIR has been Approved CEQA Negative Declaration circulated for public/responsible agency review for a 45-day public review and comment period beginning March 19, 2004 and ending Recommended City Council to • May 3, 2004. It is anticipated that the City Council will be considering introduce and adopt an Ordinance the DEIR at Its dul noted Ma 25 2004 meetin . Y Y ~ 9 terminating by canceling Development Agreement No. 91-01 • GENERAL PLAN AMENDMENT NO. 2004-00419 Recommended City Council review of Item Nos. 6d and 6g LOCATION: Citvwide. The City of Anaheim and its sphere-of- influence are located in northeastern Orange County, approximately 35 miles southeast of downtown Los Angeles and 7 miles north of Santa Ana. The City of Anaheim is surrounded by the Cities of Fullerton, Placentia, and Yorba Linda to the north; Riverside County to the east; the Cities of Orange, Garden Grove, Stanton, and unincorporated Orange County to the south; and, the Cities of Cypress and Buena Park to the west. The City encompasses over 32,243 acres of land, including approximately 2,460 acres of unincorporated land within its sphere-of- influence. REQUEST: City-initiated request to comprehensively update the City of Anaheim General Plan, including revisions to the existing Land Use Element (including new and re-named land use designations); Redevelopment Element (now incorporated into the Economic Development Element); Circulation Element (which would now contain the existing Scenic Highways Element); Open Space and Conservation Elements (incorporated into the Green Element); Growth Management Element; Parks, Recreation and Community Services Element (incorporated into the Green Element); Noise Element; and, Safety and Seismic Safety Element (combined into one Safety Element); and further, in addition to the topics addressed in the existing General Plan ~ Elements, to create new goals, policies and programs to address community design, economic development, and public services and Sr2153jb.doc facilities in the form of new elements for each topic. 04-19-04 Page 13 APRIL 19, 2004 PLANNING COMMISSION MINUTES • • ZONING CODE AMENDMENT NO. 2004-00029 LOCATION: Citvwide. See above description. REQUEST: City-initiated request to comprehensively amend the City of Anaheim Municipal Code, Title 18 (Zoning Code), including, but not limited to, the update of all residential, commercial and industrial zone classifications, permitted uses, and development standards; deletion of obsolete zoning classifications; and introduction of new zoning classifications, including but not limited to, Mixed Use, to implement the updated General Plan. • RECLASSIFICATION NO. 2004-00017 LOCATION: The subject property is an approximately 663-acre area known as the Cypress Canyon Specific Plan No. 90-3 Area, generally bounded by the Cleveland National Forest to the east, the Riverside (SR-91) Freeway to the north, unincorporated open space within the City's Sphere-of-Influence to the south, and the Mountain Park Specific Plan Area to the west (the western boundary of the Cypress Canyon Specific PI area is approximately 5,712 feet east of the Gypsum Canyon Road/Santa Ana Canyon Road intersection). REQUEST: City-initiated request to reclassify subject properties from the Cypress Canyon Specific Plan (SP90-3) to the OS (Open Space) Zone to be consistent with the Open Space land use designation proposed as part of the General Plan Update. One approximately 15-acre parcel will retain its existing Low-Medium Density Residential designation with up to 140 dwelling units in the proposed RM-3 Zone. • • AMENDMENT NO. 5 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 (TRACKING NO. SPN2004-OQ023) LOCATION: Propertv addresses include 2101-2207 South Harbor Boulevard, 2100- 2340 South Harbor Boulevard, 500-510, and 614 West Oranqewood, 450, 460, and 620 West Wilken Wav. and 421. 503, and 531 West Chapman Avenue. The Anaheim Resort Specific Plan encompasses approximately 555 acres generally located adjacent to and southwest of Interstate 5 between Ball Road and Orangewood Avenue within The Anaheim Resort. The proposed amendment area is located immediately south of the existing Specific Plan boundaries and encompasses approximately 26 acres along the east and west sides of Harbor Boulevard between Orangewood Avenue and the southern City limits including properties fronting along the following streets (all frontage numbers are approximate): 1,363 feet adjacent to the west side and 2,641 feet adjacent to the east side of Harbor Boulevard; 626 feet adjacent to the south side of Orangewood Avenue, east and west of the centerline of Harbor Boulevard; 371 feet adjacent to the north and south sides of Wilken Way, west of the centerline of Harbor Boulevard; 190 feet adjacent to the north side and 608 feet adjacent to the south side of Wilken Way, east of the centerline of Harbor Boulevard; and, 850 feet adjacent to the north side of Chapman Avenue, east of the centerline of Harbor Boulevard. REQUEST: City-initiated request to amend the boundaries of the Anaheim Resort Specific Plan to incorporate subject properties, and reclassify these properties from the CG (Commercial, General), CH (Commercial, Heavy), CL (Commercial, Limited), PLD-M (Parking/Landscape District-Manufacturing), and RS-A-43,000 (Residential, Agricultural) Zone to the Anaheim Resort Specific Plan (SP92-2) Zone (including establishing zoning and development standards for the expanded area) to be consistent with the Commercial • Recreation land use designation proposed as part of the General Plan Update. 04-19-04 Page 14 APRIL 19, 2004 PLANNING COMMISSION MINUTES ~ • AMENDMENT NO. 2 TO THE NORTHEAST AREA SPECIFIC PLAN NO. 94-1 (TRACKING NO. SPN2004-000241 LOCATION: The Northeast Area Specific Plan consists of approximately 2,645 acres generally located in the Santa Ana Canyon, bounded by the City of Placentia to the north, the Orange (SR-57) Freeway to the west, the Riverside (SR-91) Freeway and Santa Ana River to the south, and Imperial Highway to the east. The proposed amendment would encompass approximately 60 acres located within the Northeast Area Specific Plan Area as follows (all acreage and frontage numbers are approximate): (A) 1000-101 Q, 1040, 1021, 1050-1086, and 1041 North Kraemer Place: 2671, 3025-3035 East La Mesa Avenue: 2929-2931 East White Star Avenue; 1015, 1020, 1030-1045, and 1050 North Armando Street. Thirteen (13} properties situated on 23.77 acres with frontages on White Star Avenue, Armando Street, La Mesa Street, and Kraemer Place. (B) 3210 East La Palma Avenue. One (1), 3.91-acre property located at the southeast corner of La Palma Avenue and Shepard Street, having frontages of 283 feet on the south side of La Palma Avenue and 585 feet on the east side of Shepard Street (request for deletion). (C) 3362, 3364, and 3366-3370 East La Palma Avenue. Three (3) properties situated on 16.99 acres located 1,698 feet east of the centerline of Shepard Street, having a frontage of 461 feet on the south side of La Palma Avenue and a maximum depth of 1,180 feet. • (D) 4506 4510 4520 4527 4530 4531 4545 4600 4601 and 4616-4618 East La Palma Avenue. Eleven (11) properties situated on 4.42 acres located on the north side of La Palma Avenue, east of Lakeview Avenue, and at the southeast corner of La Palma Avenue and Lakeview Avenue, including four (4) properties located 276 feet east of the centerline of Lakeview Avenue and having a frontage of 331 feet on the north side of La Palma Avenue, and seven (7) properties located at the southeast corner of La Palma Avenue and Lakeview Avenue, having a frontage of 689 feet on the south side of La Palma Avenue, and 197 feet on the east side of Lakeview Avenue. (E) 5500, 5510, and 5620 East La Palma Avenue. Three (3) properties situated on 15 acres located 578 feet west of the centerline of Imperial Highway, having a frontage of 561 feet on the south side of La Palma Avenue. REQUEST: City-initiated request to amend the Northeast Area Specific Plan (SP94-1) and its associated Development Area boundaries to be consistent with the revised General Plan land use designations proposed as part of the General Plan Update, as follows: (A) from DA 5(Commercial) to DA 2(Expanded Industrial); (B) from DA 5 (Commercial) to DA 2(Expanded Industrial) (request for deletion); (C) from DA 3(La Palma Core) to DA 5(Commercial); (D) from DA 5(Commercial) to DA 2(Expanded Industrial); and, (E) from DA 5(Commercial) to DA 2(Expanded Industrial). ~ 04-19-04 Page 15 APRIL 19, 2004 PLANNING COMMISSION MINUTES • • CEQA NEGATIVE DECLARATION AND TERMINATION OF DEVELOPMENT AGREEMENT NO. 91-01 (TRACKING NO. 2004-00001) LOCATION: Property encompasses approximately 3,179 acres (the Mountain Park Specific Plan No. 90-4 area), including 2,339 acres which have been annexed to the City of Anaheim and 840 acres of unincorporated land located within the County of Orange in the City of Anaheim's sphere-of-influence (approximately 172 acres of the Mountain Park site have been developed with the Eastern Transportation Corridor (SR-241) which bisects the western portion of the site). The subject site is generally located in Gypsum Canyon, bordered on the north by the Riverside (SR-91) Freeway and the Gypsum Canyon Road interchange, on the west by The Summit of Anaheim Hills and Sycamore Canyon developments, on the south by unincorporated property within the County of Orange in the City of Orange's sphere-of-influence, and on the east by the 697-acre Cypress Canyon Specific Plan area. REQUEST: Request to terminate Development Agreement No. 91-01 between the City of Anaheim and The Irvine Company relating to the development and implementation of the Mountain Park Specific Plan (SP90-4). GENERAL PLAN AMENDMENT RESOLUTION NO. PC2004-45 ZONING CODE AMENDMENT RESOLUTION NO. PC2004-46 RECLASSfFICATION RESOLUTION NO. PC2004-47 SPECIFIC PLAN AMENDMENT NO. 5 RESOLUTION NO. PC2004-48 . SPECIFIC PLAN AMENDMENT NO. 2 RESOLUTION NO. PC2004-49 DEVELOPMENT AGREEMENT TERMINATION RESOLUTION NO. PC2004-50 Chairperson Vanderbilt opened the public hearing. Joel Fick, Deputy City Manager, introduced Item No. 6, and thanked the Commissioners for their diligent work, the citizens who participated in the process, the consultant team headed by Dick Famill and Brian Chute, and last but not least, all of the staff inembers and Sheri Vander Dussen, as the Planning Director, Jonathan Borrego, the Project Manager, and all other interdepartmental staffs working on the project, and stated, all of you have been instrumental in providing guidance throughout the process and providing an imprint on the policies and programs that are going to shape Anaheim's future for the next 20 years and beyond. Sheri Vander Dussen, Planning Director, thanked the Planning and Zoning staff, John Lower, Russ Maguire, and Keith Linker from Public Works Department; Richard Mayer, from the Community Services Department; Lisa Stipkovich, Brad Hobson and Mark Asturias from the Community Development Department; Selma Mann, from the City Attorney's Office; David Alfen from the Water Engineering Section of the Public Utilities Department; Wayne Alonzo from the Police Department, and Bob Logue from the Fire Department, for all being instrumental in framing some of the policies and resolving issues. Ms. Vander Dussen stated the General Plan includes a lot of significant and relevant policies and goals that are going to serve us well for many years to come. Jonathan Borrego, Principal Planner, stated they were very excited to be at this point in the process. He ~ opened his remarks by giving a quick recap of the order of the presentations: The Planning Center, Brian Judd, Project Manager, making a presentation relative to some of the key points of the General Plan; followed by a presentation by Annika Santalahti, Zoning Administrator, who would discuss some of the key 04-19-04 Page 16 APRIL 19, 2004 PLANNING COMMISSION MINUTES • provisions of the Zoning Code; Steve Faessel who would making a presentation relative to the General Plan Advisory Committee or GPACs review of the documents and their involvement in the process from the beginning; and following Mr. Faessel, he would give a recap and answer some of the questions raised by the Commission; and following that, Commission would open the hearing for public comments. Brian Judd opened up his review of the planning process by highlighting some of the major milestones that were accomplished and describing some of the major features and objectives of the plan and then finally reviewing the scope and content of the General Planning elements. Annika Santalahti, Zoning Administrator, gave a history of the Zoning Code and presented highlights of the more significant features of the Zoning Code update. Judy Dadant responded to comments made by the Commission relating to the zoning code. Public Testimony: Surindra Vohra, 1639, 6th St., Manhattan Beach, CA, wished to know how the open space and density calculations were done. Manny Dutt, 222 S. Eucalyptus Dr., Anaheim, CA, stated concern that the City is taking open space to the west and the County is taking all of his property to the east, and in the end he would not have any property at all. He requested to move the open space to where the gnatcatcher area is so that he would have an overlap, which is what the NCR requires. He also wished to find out what the net area is. Mark Von Esch, Von Esch & Associates, 6103 East Morning View Drive, Anaheim, CA, wished to be reassured that the General Plan, as proposed, would not change the calculation of the amount of open space. ~ Ed Chuchla, 800 Ball Road, Anaheim, CA, Vice President of Pre-development for Walt Disney Imagineering, applauded the City's desire to ensure that the parcels that are being added to the Anaheim Resorts Specific Plan area will be subject to the same rigorous, physical planning and technical standards that produce the high-quality tourisms serving zone that they all enjoy today. But stated supportive as they may be of this change, they and their experts have reviewed the environmental review and after careful review of the document and several meetings with City staff, they have come to the conclusion that the Draft EIR and technical support documents do not contain enough information for them to validate that the Disneyland Resorts entitled capacities or operational requirements have been adequately considered. Catherine Deyoung, 31545 Sea Shadows Way, Anaheim, CA, requested that their parcel, which is designated low office, be designated high office. Leon Alexander, from the Law Offices of Briggs & Alexander, representing two parcel owners, stated he is in support of the proposed change of the General Plan Amendment but his clients request that he propose to Commission to allow for commercial and high office use in that area. Rich Robertson, of Robertson's Ready Mix, 200 S. Main St., Corona, CA, wished to know how many dwellings could be put there. Cesar Corvarrubias, 23861 EI Toro Rd., Suite 401, Lake Forest, CA, of the Kennedy Commission, stated that they submitted a written letter which incorporated their comments, and felt some of the comments that they had specific questions on have been resolved through conversations with staff. THE PUBLIC HEARING WAS CLOSED. Commissioner Buffa wished clarification on the listing of intersections on The Air Quality Table. ~ Bill Halligan, a Consultant with the Planning Center, responded that The Air Quality Table showed intersections that would have the potential to operate at unacceptable levels of service. 04-19-04 Page 17 APRIL 19, 2004 PLANNING COMMiSSION MINUTES ~ Commissioner Flores wished to clarify the issues of churches and missions in the City of Anaheim, and asked if they were being addressed according to their use since they would not be entitled as churches, etc. Ms. Santalahti responded they would be called Places of Assembly. Mike Swan, with Psomas, responded to questions regarding the infracstructure issues; water, sewer, and storm drain. Linda Johnson, Principal Planner, responded to concerns of the property owners and stated that the City was not proposing any changes to the permitted residential density in that area. Mr. Borrego responded to questions raised relative to the issue of population and housing; questions that had to do with making redesignations in the Platinum Triangle area; calculation of open space and determining density over the years; issues on storm drains; comments relative to the reduction of the state density designated land and the Hill and Canyon area; mapping techniques; the City's noise standards; and specifically to the comments raised by Disney to clarify issues in the EIR. Chairperson Vanderbilt stated that questions raised by the public and Commission, in terms of the broad issues, were responded to. PUBLIC 7ESTIMONY: 3 people expressed concern relative to permitted residential densities for certain parcels located in proximity to the Deer Canyon area (a spokesperson on this issue • represented 6 people who filled out speaker cards and he presented a PowerPoint presentation relative to the subject). A petition pertaining to this subject (containing 89 signatures), along with a"hard cop~' of the PowerPoint Presentation, was received prior to the meeting. 1 person represented Walt Disney World Company/Disneyland Resort relative to environmental impact concerns pertaining to the proposed Resort Expansion Area. 4 people spoke in favor of the subject request, including a person representing The Kennedy Commission. ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioners Bostwick and Eastman absent), that the Anaheim City Planning Commission does hereby recommend that the City Council independently review and analyze Final EIR No. 330 and the Mitigation Monitoring Programs assaciated with the project and determine that they are in compliance with CEQA and the state and City CEQA Guidelines and determine that it is adequate to serve as the required environmental documentation for the proposed actions, unless additional or contrary information is received during the public review period or at the City Council hearing. Approved the adoption of a draft resolution (Attachment 14 - A to the staff report dated April 19, 2004), recommending that the City Council adopt General Plan Amendment No. 2004-00419 for the comprehensive General Plan Update based on the findings contained in the draft resolution and including the corrections and omissions addressed in Attachment 2 to the staff report, including the redesignation of four parcels within the Platinum Triangle Area from the Office-Low land use ~ designation to the Office-High designation. 04-19-04 Page 18 APRIL 19, 2004 PLANNING COMMISSION MINUTES • Approved the adoption of a draft resolution (Attachment 14 - B to the staff report dated April 19, 2004) recommending that the City Council adopt Code Amendment No. 2004-00029 for the comprehensive Zoning Code update based on the findings contained in the draft resolution, and including the corrections and omissions addressed in Attachment 6(Refinements and Clarifications) to the staff report. Approved the adoption of a draft resolution (Attachment 14 - C to the staff report dated April 19, 2004) recommending that the City Council approve Reclassification No. 2004-00117 to reclassify Parcel A to the RM-3 (Multiple-Family Residential) zone and Parcel B to the OS (Open Space) zone based upon the findings contained in the attached draft resolution. Approved the adoption of a draft resolution (Attachment 14 - D to the staff report dated April 19, 2004) recommending that the City Council adopt Amendment No. 5 to the Anaheim Resort Specific Plan (SPN 2004-00023) to amend the boundaries of the Anaheim Resort Specific Plan to incorporate certain properties within the expansion area; to reflect the text, exhibit and zoning and development standard changes described in the Anaheim Resort Specific Plan Addendum also provided in Attachment 14 - D to the staff report; and, to reclassify those properties to the SP 92-2 (Anaheim Resort Specific Plan) zone, C-R District, with a Low Density designation based upon the findings contained in the draft resolution, and including the corrections and omissions addressed in Attachment 6(Zoning Code Refinements and Clarifications) to the staff report. Approved the adoption of a draft resolution (Attachment 14 - E to the staff report dated April 19, 2004) recommending that the City Council adopt Amendment • No. 2 to the Northeast Area Specific Plan (SPN 2004-00024) to amend certain Development Area boundaries within the Northeast Area Specific Plan as described in Section V, Paragraph No. 4 of the staff report, based upon the findings contained in the draft resolution. Commissioner Buffa offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioners Bostwick and Eastman absent), that the Anaheim City Planning Commission does hereby approve the CEQA Negative Declaration and recommend that the City Council independently review and analyze the Negative Declaration, the Initial Study and related documentation and evidence and find that the Negative Declaration reflects the independent judgment of the City Council, and unless additional or contrary information is presented, determine that there is no substantial evidence that the project (cancellation of Development Agreement No. 91-02) will have a significant effect on the environment, and that the Negative Declaration is adequate to serve as the required environmental documentation for the project. Approved the adoption of a draft resolution (Attachment 14 - F to the staff report dated April 19, 2004) recommending that the City Council introduce and adopt an Ordinance to terminate by cancellation Development Agreement No. 91-01 and approve and enter into the written Agreement with The Irvine Company substantial{y in the form provided in Exhibit 1 to the draft resolution to mutually agree to the cancellation of Development Agreement No. 91-01 based upon the findings contained in the draft resolution. Commissioner Vanderbilt offered a motion, seconded by Commissioner O'Connell and MOTfON CARRIED (Commissioners Bostwick and Eastman absent), that the • Anaheim Gity Planning Commission does hereby recommend that the City Council consider the Reclassification No. 2004-00117 and the CEQA Negative Declaration prepared in conjunction with the Termination of Development Agreement No. 91-01 04-19-04 Page 19 APRIL 19, 2004 PLANNING COMM{SSION MINUTES • concurrent with its consideration of the balance of the items associated with this request. VOTE: 5-0 (Commissioners Bostwick and Eastman absent) Selma Mann, Assistant City Attorney, stated all items would be set for public hearing by City Council on Tuesday, May 25, 200,4. DISCUSSION TIME: 3 hours and 3 minutes . .._ ....___. ______ ___.._.___..__ ~...._ ~~ __~_ ~. ---_ w ..~ .._.~ ... _.. ~ .~_...._ . ~._._ ~.... ~ 1 hour and 43 minutes (4:17-6:00) 15-minute break 55 minutes (6:15-7:10) 10 minute break 25 minutes (7:20-7:45) (The subject item was heard following Item No. 9.) Commissioner Eastman left the Council Chambers {6:00 p.m.) u i 04-19-04 Page 20 APRiL 19, 2004 PLANNING COMMISSION MIMUTES ~ 7a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 7b. CONDITIONAL USE PERMIT NO. 4097 (TRACKING NO. CUP2004-04841) OWNER: Joel Saltzburg, 18022 Medley Drive, Encino, CA 91316 AGENT: Charles Perez, C& M Automotive, 420 South State College Boulevard, Anaheim, CA 92806 LOCATION: 420 South State Colleqe Boulevard. Property is approximately 0.40-acre, located at the northeast corner of State College Boulevard and Westport Drive (C & M Automotive). Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on December 2, 2002 to expire December 31, 2003) to retain an automotive repair facility. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-42 Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 7. • ApplicanYs Statement: Approved Approved reinstatement for 3 years (to expire on December 31, 2006) sr3067ey.doc Charles Perez, 420 S. State College Boulevard, Anaheim, stated he is the owner of the subject property and indicated that Code Enforcement has been inspecting his property every month for the past five years, and he has been paying for those inspections every month. There have been no citations for the past five years since he has been paying for the inspections, and asked to be relieved of the financial burden. Chairperson Vanderbilt-Linares verified it is consistent with what the staff report states. THE PUBLIC HEARING WAS CLOSED. Mr. McCafferty referred to Condition No. 23 of the draft resolution as it states the inspections are quarterly inspections, and he would support quarterly or bi-annual inspections in order to ensure that the business continues to comply. Chairperson Vanderbilt-Linares asked Mr. Perez if he understands that the inspections are quarterly and not monthly. Mr. Perez responded he was not aware of that, and stated he has been doing business for 29 years in Anaheim and asked why is he chosen to have monthly inspections when other auto repair facilities do not. Commissioner Eastman stated at today's morning session there was discussion regarding the landscaping which needs to be maintained. Mr. Perez stated he has a gardener who comes every month. • Commissioner Flores asked him to work with his gardener because the landscaping does need additional attention. Commissioner O'Connell asked the applicant what is the cost of the inspections. 04-19-04 Page 21 APRIL 19, 2004 PLANNING COMM{SSION MINU7ES ~ Mr. Perez responded $68. Commissioner O'Connell responded $68 every quarter. Mr. Perez clarified he pays every month, not every quarter. Commissioner Eastman asked staff to verify with Code Enforcement. Mr. McCafferty verified with Code Enforcement, and stated Code Enforcement was going by an old resolution. Chairperson Vanderbilt-Linares indicated the applicant would possibly receive a refund for the inappropriate charges, and based on Code Enforcement's memo it is consistent with Mr. Perez testimony that there have been no violations or complaints on the property. • • ~ ~- • ~ • • ~ • OPPOSITION: None ACTION: Commissioner Eastman offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Bostwick absent), that the Anaheim City Planning Commission does hereby determine that the previously-approved Negative Declaration is adequate to serve as the appropriate environmental documentation for this project. • Approved the request for reinstatement of Gonditional Use Permit No. 4097 (Tracking No. CUP2004-04841) to retain an automotive repair facility for a period of three (3) years, to expire on December 31, 2006, and adoption of the resolution attached to the staff report dated April 19, 2004, including the findings and conditions contained therein, with the following modifications: Modified Condition No. 23 to read as follows: 23. That the subject facility shall be subject to ~ar~er~ bi-annual inspections by the Code Enforcement Division. The cost of such inspection shall be borne by the operator of the facility. VOTE: 6-0 (Commissioner Bostwick absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 11 minutes (3:19-3:30) (The subject item was heard following ltem No. 5.) • 04-19-04 Page 22 APRIL 19, 2004 PLANNING COMMISSION MINUTES • 8a. CEQA CATEGORICAL EXEMPTION - CLASS 3 Concurred with staff 8b. VARIANCE NO. 2004-04602 Granted, in part OWNER: Frank Nunez, 623 North West Street, Anaheim, CA 92801 AGENT: Sam Bevacqua, 219 Royal Place, Anaheim, CA 92806 LOCATtON: 623 North West Street. Property is approximately 0.32- acre, having a frontage of 85 feet on the west side of West Street, located 227 feet north of the centerline of Westmont Drive. Request waivers of: (a) maximum fence height, (b) minimum front yard setback and (c) minimum side yard setback to expand an existing single- family dwelling and to permit and retain an existing fence. VARIANCE RESOLUTION NO. PC2004-43 sr8725gk.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 8. ApplicanYs Statement: • Frank Nunez, 623 N. West Street, Anaheim, stated he recently purchased the property and wasn't aware of the fence not having a permit. THE PUBLIC HEAR{NG WAS CLOSED. Chairperson Vanderbilt-Linares asked when he purchased the property. Mr. Nunez responded about 7 months ago, and he informed that on the bottom of the fence the cement has a stamped date, which states 1997. Chairperson Var-derbilt-Linares stated the Commission would need to have a finding that the property is somehow at a disadvantage than other properties in the area in order to approve the request of the fence height. There have been previous property owners who were able to work with a 3-foot fence height requirement by including some type of landscaping, "boxed" brush or rose plants to provide a wider barrier versus a taller one, and often achieves the same kind of deterrent onto the property. Greg Hastings, Zoning Division Manager, stated the fence ordinance went into effect in 1999, and if there would have been a building permit acquired for the fence and if it met the requirements at the time it would have been approved, however, under certain circumstances there were no building permits required. The wrought iron fence would not have required a building permit; it depends on the type of construction and when it was built as to whether it was grand fathered. Chairperson Vanderbilt-Linares asked for the subject fence since it was erected in 1997, would a building permit have been necessary. Mr. Hastings responded yes, it would have been necessary for the legal construction of the fence and the records indicate it did not occur; therefore it is an illegal-nonconforming fence because it did not have a ~ building permit. 04-19-04 Page 23 APRIL 19, 2004 PLANNING COMMISSION MINUTES • Chairperson Vanderbilt-Linares asked if the Commission acts favorable on the item today would the applicant still need an inspection. Mr. Hastings responded yes, a building permit is still required. Mr. McCafferty stated the new Zoning Code would give applicants the opportunity to have a 3-foot high wall and on top of that have a light fixture. Therefore after adoption of the Zoning Code there could be a possibility that the subject wall could be modified to allow a 3-foot high fence and then a light fixture placed on the lower pilasters as shown on page 2 of today's staff report, and the whole wall wouldn't have to come down. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Eastman offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Bostwick absent}, that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 3(New Construction or Conversion of Small Structures), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Granted, in part, Variance No. 2004-04602 (to permit and retain an existing fence) by • denying waiver (a) pertaining to maximum fence height; and approving waivers pertaining to (b) minimum front yard setback and (c) minimum side yard setback, and adoption of the resolution attached to the staff report dated April 19, 2004, including the findings and conditions contained therein. VOTE: 5-1 (Commissioner Flores voted no and Commissioner Bostwick absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 16 minutes (3:31-3:47) ~ 04-19-04 Page 24 APRIL 19, 2004 PLANNING COMMISSION MINUTES • 9a. CEQA NEGATIVE DECLARATION 9b. WAIVER OF CODE REQUIREMENT 9c. CONDITIONAL USE PERMIT NO. 2004-04842 OWNER: Steven Dunbar, 20429 East Yorba Linda Boulevard, Yorba Linda, CA 92886 AGENT: Gregory M. Roseen, 27702 Crown Valley Parkway, Suite 316-D4, Ladera Ranch, CA 92694 LOCATION: 8290 East Crvstal Drive. Property is approximately 1.04 acres, located at the northwest corner of Weir Canyon Road and Savi Ranch Parkway (East Hills Regional Animal Hospital). Request to construct a veterinary hospital and animal boarding facility with roof-mounted equipment with waivers of: (a) maximum fence height, (b) permitted commsrcial identification in the Scenic Corridor Overlay Zone, (c) maximum number of wall signs, (d) required structural setback adjacent to an arterial highway, and (e) required improvement of setback areas. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-44 • Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 9. Applicant's Statement: Approved Approved, in part Granted sr5091 jr.doc Steve Dunbar, 20429 E. Yorba Linda Blvd., Yorba Linda, referred to the signage and stated he is requesting a small sigr- about 15 square feet, to state "24-Hour Emergency' to be located on the front of the building facing the eastside on Weir Canyon Road and he asked for clarification if there was a concern regarding the number of animals. THE PUBLIC HEARING WAS CLOSED. Mr. McCafferty stated there is no concern regarding the number of animals because it is not adjacent to residential and the facility is in an appropriate place for the type of use. He referred to the signage issue and stated they are asking for five wall signs when the code only permits one. Staff feels what the applicant is proposing is reasonable given the location and ability to find the hospita{. They already have clear visibility of the freeway and the intent of the "24-Hour Emergenc~!' sign is to provide freeway visibility, and he doesn't see the point of adding another sign to the east elevation. He asked if it would be a combined sign on the east elevation, and if so perhaps it would be something supported but if entirely separate it would be too cluttered with signs. Mr. Dunbar stated the name of the hospital would be on the northeast corner and clarified as far as the 24- Hour Emergency Service being on the south end of the building, it is not visible from the freeway because of the Chevrolet building and the trees. ~ Mr. McCafferty agreed that it is very important for patrons to be aware that the facility is open 24 hours, but if he is going to incorporate it into the east elevation that it be within the same general area as the proposed sign copy for the East Hills Regional Animal Hospital. 04-19-04 Page 25 APRIL 19, 2004 PLANNING COMMISSION MINUTES • Chairperson Vanderbilt-Linares stated due to the nature of the business it might be appropriate to allow more signage. Commissioner Buffa suggested changing the words on the sign from "Pet ResorY' to "24-Hour Emergency" which is an option in order to get the message out. Mr. Hastings stated typically the solution has been to find a way to combine the messages so they appear to be one sign and he suggested that to be done in order to help the applicant as well as keeping the signage reasonable because other businesses in the area may consider requesting additional signage. Mr. Dunbar agreed and stated they could combine the signage. Commissioner O'Connell concurred with Commissioner Buffa regarding changing the words of the sign from "Pet Resort" to "24-Hour Emergenc~'. Mr. Dunbar was in agreement. Mr. Hastings referred to Condition No. 6 in the draft resolution and stated a provision may need to be added in order to allow the necessary signage to be lit to identify the "24-Hour Emergency". Mr. McCafferty read into the record added conditions of approval. • OPPOSITION: None ACTION: Approved CEQA Negative Declaration Approved, in part, Waiver of Code Requirement, as follows: Approved waivers pertaining to (a) maximum fence height within the front yard setback, (b) permitted commercial identification in the Scenic Corridor Overlay Zone, (c) maximum number of wafl signs and (e) required improvement of setback areas. Denied waiver (d) pertaining to required structural setback adjacent to an arterial highway since it is not necessary and has been deleted. Granted Conditional Use Permit No. 2004-04842 (to construct a veterinary hospital and animal boarding facility with roof-mounted equipment), and adoption of the resolution attached to the staff report dated April 19, 2004, including the findings and conditions contained therein, with the following modifications: Modified Condition Nos. 6 and 24 to read as follows: 6. That no sign shall be lighted between the hours of midnight and 6:30 a.m. or during business hours. ~ 04-19-04 Page 26 APRIL 19, 2004 PLANNING COMMISSION MINUTES • 24. 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 Exhibit Nos. 1 through 7, and as conditioned herein; except that the signs as indicated on Exhibit Nos. 1, 4, and 5 are hereby modified to delete the "Pet Resorts" wall sign from the east elevation and replace it with "24-Hour Emergency Care Service". Added the following conditions of approval to read as follows: That the legal property owner shall submit an application for an Encroachment License to the Public Works Department, Development Services Division for any structures, including retaining wall, trees, light fixtures and an access ramp within the existing public utility easement as reviewed and approved by the City Engineer. That all tree species to be planted within the public utility easement shall be approved by the Public Works Department, Design Division. That the applicant shall submit to the Public Works Department, Development Services Division for review and approval a Water Quality Management Plan, that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment ~ Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. That prior to issuance of certificate of occupancy, the applicant sha{I: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Project WQMP are available on site. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. VOTE: 6-0 (Commissioner Bostwick absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 17 minutes (3:48-4:05) ~ A 10-minute break was taken (4:06-4:16 p.m.) (Following the break, Item No. 6 was heard.) 04-19-04 Page 27 APRIL 19, 2004 PLANNING COMMISSION MINUTES ~~ MEETING ADJOURNED AT 7:46 P.M. TO MONDAY, MAY 17, 2004 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. (The meeting of May 3, 2004 was cancelled) Respectfully submitted: ~ - ~~ Pat Chandler, Senior Secretary ~ Received and approved by the Planning Commission on , 2004. ~ 04-19-04 Page 28