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Minutes-PC 2004/06/02• CITY OF ANAHEIM PLANNING COMMISSION MINUTES COMMISSIONERS ABSENT: WEDNESDAY, JUNE 2, 2004 Council Chambers, City Hall 20Q South Anaheim Boulevard, Anaheim, California CHAIRPERSON: JAMES VANDERBILT-LINARES COMMISSIONERS PRESENT: PAUL BOSTWICK, KELLY BUFFA, GAIL EASTMAN, CECILIA FLORES, JERRY O'CONNELL, DAVID ROMERO L~~~ ~~,~a~~ ~ ~~~~~~ ~ a~m ~n~ STAFF PRESENT: Selma Mann, Assis Greg Hastings, Zor Greg McCafferty,~~ Mark Asturias, F~~~1 '~' ~ ~~~ ~ ~~ ~~ ~ ' 1 ~ ~~' ~ ~~: ~ ,~' ~ ~~ ~ ~ ~..~:u_~ :_. ~~~ ran'sp`ortation Planner ~..~~... ~: .,_,...,., _ .~, . ... .~..- -r... _..~...__. ~ ~" Elly Morris, Senior Secretary 'rop,~~ty Pat Chandler, Seni~r~~~~~creta~y.. ~ ~~"~ Danielle Masciel;~Word I?rocessir~g O~erator ~~ ~ ;opy of the Planning Commission Agenda was posted af 12'>15 p.m. on the display case located in the foyer of the Council Chambers, and aiso in Vewspaper on Thursd~y, May 6, 2004 ; ~ ~ ° ~ ~ .. - i ~fr _ ~ } ~t ~ ~ . € ~av w _. P; _ ~ , ~ ~ AGENDA PQS~TING. A~~or • Wednesday~~tMay'"26, 2Q~4, the outside~ii~pla~! kio~~: a~~ ~ r~ PUBLISHE~~ ~ma,h~im ~ ~~ ~~ ~ }~ ~ CALL TO QRDER ~ ~ ~ ~ ~ '' ~ `'~' ~, ~LANN~f~~C~,~ `~•~ STA~'~~UI ~~'~ DEV~~~I ~. § PLANN I~ •~~~`~PRELIMla~ ~$ ~ ~~:""~~ RECESS TO AFTL f~00~ ~w ~ RECONVENE TO PUB~L.~~C For record keeping purpe complete a speaker card 11-r R -~ _ ~~ ~ r , ~~~4P ~~ " v '.,. PLEDGE OF ALLEGIANCE: CommissioneY~~~kores~ -.3 ~"- _~~ PUBLIC COMMENTS CONSENT CALENDAR ~` 104 AGENh[ ~ ,,t~ on the agenda, please PUBLIC HEARING ITEMS • ADJOURNMENT H:~DOCS\CLERICALIMINUTESWC060204.DOC planningcommission(a~anaheim.net > Of~THE,~JUNE 2;' ;~.~ „~ ~ ~ r x' ~ ~ ~~ , ~~. ~ ~~,, ~ ~~_.,~ R k~ . ~ *~. ~nf regard-ng any if ~. JUNE 2, 2004 PLANNING COMMISSION MINUTES ~ RECONVENE TO PUBLIC HEARING AT 1:30 P.M. PUBLIC COMMENTS: 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. Chairperson Vanderbilt-Linares spoke as a citizen of the community and thanked the Planning Department staff for their extra efforts and hard work during the Home Improvement Holiday and stated the event was very successful. CONSENT CALENDAR: )tem 1-A 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 Romero offered a motion, seconded by Commissioner Eastman and MOTION CARRfED (Commissioners Buffa and Bostwick abstained), for approval of Consent Calendar Item (1-A) as recommended by staff. UNANIMOUSLY APPROVED • 1. REPORTS AND RECOMMENDATIONS A. Receiving and approving the Minutes from the Planning Commission Meeting of May 17, 2004. (Motion) ACTION: Commissioner Romero offered a motion, seconded by Commissioner Eastman and MOTION CARRIED (Commissioners Buffa and Bostwick abstained), that the Anaheim City Planning Commission does hereby receive and approve the minutes for the Planning Commission meeting of May 17, 2004. • Approved (Vote: 5-0, Commissioner Buffa abstained since she was absent for a portion of the meeting and Commissioner Bostwick abstained since he was absent for the entire meeting) 06-02-04 Page 2 JUNE 2, 2004 PLANNING COMMISSION MINUTES u ~ ~ PUBLIC HEARING ITEMS: 2a. CEQA NEGATIVE DECLARATION Continued to 2b. VARIANCE NO. 2004-04607 (READVERTISED) June 14, 2004 2c. TENTATiVE TRACT MAP NO. 16883 OWNER: Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92$05 AGENT: Cheryl Stump, Brookfield Homes, 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626 LOCATION: 3119 - 3165 West Lincoln Avenue. Property is approximately 2.5 acres, having a frontage of 753 feet on the north side of Lincoln Avenue, located 285 feet east of the centerline of Western Avenue (Presidential Tract). Variance No. 2004-04607 - Request waivers of (a) minimum front yard setback adjacent to an arterial highway, (b) required improvement of public right-of-way, (c) minimum number, type, and design of off-street parking spaces, (d) maximum structural height within 150 feet of a single- family residential zone, and (e) minimum distance between buildings, to construct an "affordable", 1-lot, 28-unit attached condominium complex with a density bonus.* '"Waiver (d) has been deleted. Tentative Tract Map No. 16683 - Request to establish an "affordable" 1- lot, 28-unit airspace attached residential condominium subdivision with a density bonus.* *The density bonus request has been deleted. Continued from the May 17, 2004 Planning Commission Meeting. VARIANCE RESOLUTION NO. sr2152ds,doc FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Eastman and MOTION CARRIED, to continue the subject request to the June 14, 2004, Planning Commission meeting as the applicant submitted a letter of request for continuance which staff received after the agenda and staff report were completed. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. 06-02-04 Page 3 JUNE 2, 2004 PLANNING COMMISSION MINUTES u 3a. CEQA MITIGATED NEGATIVE DECLARATION 3b. WAIVER OF CODE REQUIREMENT 3c. CONDITIONAL USE PERMIT NO. 2004-04848 OWNER: T. White, LLC & Dartbrook, 18800 Von Karmen, Suite 100, Irvine, CA 92612 LOCATION: 1515 and 1585 South Manchester Avenue. Property is approximately 13.69 acres, having a frontage of approximately 828 feet on the west side of Manchester Avenue, a maximum depth of approximately 981 feet, located 716 feet north of the centerline of Disney Way. Request to permit office uses in three existing legal nonconforming industrial buildings as follows: Buildings A and C(1515 S. Manchester Avenue) - are proposed to include 183,668 square feet of office uses (business service firms, business agencies and general business offices) in addition to retaining 72,172 square feet of warehouse/manufacturing area; and, ~ Building B(1585 S. Manchester Avenue) - is proposed to include 55,176 square feet of office uses for the Department of Immigration and Naturalization Services in addition to retaining 12,664 square feet of warehouse/manufacturing area with waiver of minimum number of parking spaces. ~ Continued to June 14, 2004 CONDITIONAL USE PERMIT RESOLUTION NO. ~ sr8728(a)dh.doc 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, to continue the subject request to the June 14, 2004, Planning Commission meeting as requested by the petitioner since the subject property has been subdivided and the request for a conditional use permit is now proposed to only apply to Building B(1585 S. Manchester Avenue). VOTE: 7-0 DISCUSSION TIME: This item was not discussed. 06-02-04 Page 4 JUNE 2, 2004 PLANNING COMMISSION MINUTES • 4a. CEQA CATEGORICAL EXEMPTlON - CLASS 1 Concurred with staff 4b. CONDITIONAL USE PERMIT NO. 2004-04839 Denied amendment (TRACKING NO. CUP2004-04849) to conditions of approval and sign OWNER: Mike Capelouto, Capelouto Enterprises, 862 South Harbor waiver. Boulevard, Anaheim, CA 92805 AGENT: Lucille Kring, 1619 West Loraine Way, Anaheim, CA 92802 LOCATION: 862 South Harbor Boulevard. Property is approximately 0.13-acre, having a frontage of 61 feet on the east side of Harbor Boulevard, located 210 feet north of the centerline of Hampshire Avenue. Request to amend a condition of approval pertaining to signage for a previously-approved automobile rental agency to permit a monument sign with waivers of commercial signing for residential structures. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-61 sr5095jr.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty,.Principal Planner, introduced Item No. 4. • Appiicant's Testimony: Lucille Kring, 1619 W. Lorane Way, Anaheim, CA, representing the applicant, Mike Capelouto of Capelouto Enterprises, 862 South Harbor Boulevard, Anaheim, CA, stated that signs are very important to businesses and if the applicant is only permitted the 2x4 sign allowed by the City of Anaheim, it is very small and would be completely obscured by fhe sign in the front and the sign in the back of it so that people going north or south on Harbor Boulevard would not be able to see his sign. This would present an undue hardship for his business and treat it in a disparaging way from other businesses in the area. THE PUBLIC HEARING WAS CLOSED. Commissioner Bostwick stated concern that the conditions of approval on the original request permitted the maximum of two vehicfes stored on site outside of the required parking area, but the applicant had approximately six vans parked in the driveway as well as approximately four cars in the parking area. Ms. Kring stated that she expressed her concerns to Mr. Capeluto and he promised her that he had made arrangements with businesses in the area that have large parking lots that are under utilized and he has permission from them to use their unused parking and he would be removing the cars and going with four cars and one display. Commissioner Bostwick stated that a 4x8 foot sign would look rather large for the front of the building but something narrower would better fit the street and the property. Commissioner Eastman stated that the staff report cited four different properties that had unpermitted signs. • Mr. McCafferty clarified thaf some signs directly south of the property in question were researched by staff and it was indicated that their research found no permits for the signs. 06-02-04 Page 5 JUNE 2, 2004 PLANNING COMMISSION MINUTES • Commissioner Eastman stated that it is an opportunity to clean up that section of Harbor Boulevard and make it comply signage-wise with what the code calls for. Chairperson Vanderbilt-Linares stated perhaps one way to address the subject matter would be to consider some sort of signage for a time period to accommodate the applicant for a period of time while the City is able to address the other signage on the block. Selma Mann, Assistant City Attorney, stated whether it is a temporary or a time-limited permit or whether it is a longer term or unlimited permit, the findings for a waiver would still need to be made, and that the distinction is that the subject signs have never obtained permits so they have no rights to continue in place. Commissioner Buffa sfated her preference would be that everybody plays by the code instead of making an exception and then trying to tell the others they are not permitted. Commissioner Flores stated that the applicant is provided a sign and that the City made ordinances based on that neighborhood and that location. DURING THE VOTE. Commissioner O'Connell stated that Commission would instruct staff to research the properties to determine whether permits needed to be obtained for the other signs on the street. Commissioner Bostwick stated that the size and the property was really established as residential but changed over the years to commercial use. That changed the actual size and shape and presented some special circumstances. There are other commercials in the zone in a similar situation and that is ~ where he wouid entertain the variance, but he would not entertain the variance for as big a sign as the applicant requests. Mr. McCafferty stated the sign does not relate to the property it relates to the structure and Staff believed that making an argument that the size or shape property somehow imposes a hardship on sign requirement could not be found because of how the code is constructed. And effectively if the request were granted, it would be very hard not to give it to others. Essentiaily they would be rewriting the sign code for such properties. Commissioner Romero stated Code Enforcement would be on the alert to go after the other properties and would have to base it on the code, which would be the smaller sign. Therefore, he feels they should uphold the code. OPPOSITION: None ACTiON: Commissioner Buffa 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. VOTE: 7-0 • Denied the request to amend Conditional Use Permit No. 2004-04839 (Tracking No. CUP2004-04849) for amendment of a condition of approval pertaining to signage for a previously-approved automobile rental agency to permit a monument sign with waiver of 06-02-04 Page 6 JUNE 2, 2004 PLANNING COMMISSION MINUTES • commercial signing for residential structures based on the testimony presented at today's meeting and the findings contained in the resolution attached to the staff report dated June 2, 2004. VOTE: 6-1 (Chairperson Vanderbilt-Linares voted no) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 32 minutes (1:50-2:22) ~~ ~ 06-02-04 Page 7 JUNE 2, 2004 PLANNING COMMISSION MINUTES ~ 5a. CEQA NEGATIVE DECLARATION Approved 5b. VARIANCE NO. 2004-04608 Granted, in part OWNER: Shahraz Danesh, 26996 La Paz Road, Aliso Viejo, CA 92656 AGENT: Meg Beatrice, 800 East Ocean Boulevard, Suite 105, Long Beach, CA 90802 LOCATION: 676 South State Colleqe Boulevard. Property is approximately 0.42-acre, located at the northeast corner of State College Boulevard and South Street. Request waivers of (a) required dedication and improvement of public right-of-way, (b) minimum number of parking spaces, (c) minimum setback adjacent to an arterial highway, and (d) minimum setback adjacent to a residential zone boundary to construct a two-unit commercial retail building. VARIANCE RESOLUTION NO. PC2004-62 sr5096jr.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 5. ~ Applicant's Testimony: Shahraz Danesh, 26996 La Paz Road, Aliso Viejo, CA, stated that he read the staff report and had no comments. THE PUBLIC HEARING WAS CLOSED. Commissioner Bostwick stated that the plans submitted were drawn for four stores when only two stores were permitted. Meg Beatrice of Architectural M, 800 East Ocean Boulevard, Suite 105, Long Beach, CA, responded there are only two tenants for the building and the extras were convenient exits and entrances for the two tenants. Commissioner Eastman concurred that it is concerning because the way the doors were separated made it look as if there could be four individual stores. Ms. Beatrice stated the attempt was made to break the building into different parts and give it more of a neighborhood scale at the request of the planning staff. Commissioner Bostwick stated that the plans would become a part of the public record and he could not approve anything that looked as though it was going to have multiple tenants when they would only be allowed two tenants. Commissioner O'Connell stated in a size of over 3,000 square feet, it is not uncommon to find two doors • Ms. Beatrice stated it is required for exiting if the space is that large. Commissioner Eastman stated concern with the signage and asked what it would be. 06-02-04 Page 8 JUNE 2, 2004 PLANNING COMMISSION MINUTES • Mr. Danesh stated they had not come up with a signage program but would be more than happy to work with staff to make the City look even better than what it is. The Commissioners discussed suggestions for the final elevation plans. Commissioner Romero stated concern with the traffic from the south driveway going out on State College Boulevard, and the safety of the children when school iets out, and also with the landscaping as the children swarm the area after school. James Ling, Associate Civil Engineer, responded that when the future improvements and the street are widened there would be a parkway and a sidewalk installed. Improvements along State College Boulevard would be installed to improve the intersection and the traffic flow. Alfred Yalda, Principal Transportation Planner, responded a speed bump could be placed in the parking lot and that would cut out the traffic. THE PUBLIC HEARING WAS REOPNED. Public Testimony: Dale Aaron, 629 S. Reseda Street, Anaheim, CA, stated that he had not intended to say anything until he heard some of the concerns from the Commissioners. His garage is on the alley and one of the things that Commissioner Flores does not like is where the building sits and she wanted it set back. If the wall was taken away or the building moved back and traffic put behind it, the alley would be blocked, and they have a hard enough time getting out safely as it is. The original plan is ideal because it keeps the traffic ~ away from the alley and keeps the trash out. He feels it is the only way to build the project as far as the three residentials who are affected. He would only have objections if plans for the wall or the setting of the building were differenf than the original pians. THE PUBLIC HEARING WAS CLOSED. Commissioner Bostwick stated that the Commissioners were all in agreement that there needed to be some variations to the plans that were presented on behalf of the variance. He suggested changing Condition No. 36. Mr. McCafferty clarified modification to Condition No. 36 to read final elevation plans shall be submitted to the Zoning Division for review and approval by the Pianning Commission as a Reports and Recommendation item. DURING THE ACTION. Commissioner O'Connell suggested that if there is enough room between the street and the building they could put a sidewalk directly behind the door for deliveries. Mr. McCafferty stated they are really tight and pushed up against State College Boulevard. Commissioner Bostwick stated they would need a back entrance with an exit for loading and unloading of their groceries. He stated that it is still a work in progress. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ~ IN SUPPORT: A person spoke in favor of the proposed plan and asked that it not be modified. 06-02-04 Page 9 JUNE 2, 2004 PLANNING COMMISSION MINUTES ~ ~J ACTION: Approved CEQA Negative Declaration Granted, in part, Variance No. 2004-04608 (to construct a two-unit commercial retail building) by denying waiver (a) pertaining to the required improvement of the public right-of-way as it is no longer necessary and has been deleted and approving waivers pertaining to (b) the minimum number of parking spaces, (c) the minimum setback adjacent to an arterial highway, and (d) the minimum setback adjacent to a residential zone; and adoption of the resolution attached to the staff report dated June 2, 2004, including the findings and conditions contained therein, with the following modifications: Modified Condition Nos. 16 and 36 to read as follows: 16. That final landscape plans shall be submitted to the Zoning Division of the Planning Department for review and approval including the following: ~ • Plans shall indicate three (3) foot wide triangular planters (a total of eight (8)) along the east property line wall to accommodate small shrubs and vines to effectively screen the proposed block wall. Adequate spacing shall be maintained at the base of the wall to direct vines to grow on the exterior (alley- facing) surface of the wall. • Plans shall reflect clinging vines planted three (3) foot on center adjacent to the trash enclosure. • Plans shall reflect the incorporation of 15-gallon shrubs within the proposed planter area along the north elevation of the building. nn oi4o All 4rooo oh~ll ho minim~ ~m ')A_innh hi+v in e~ ~o • All on site landscaping, including trees, shall be consistent with the State College Corridor Master Plan. • A minimum of ten (10) trees adjacent to State College Boulevard and five (5) adjacent to South Street within the required landscape setbacks. All trees shall be a minimum of 24-inch box in size. Any decision made by staff regarding said final landscape plans may be appealed to the Planning Commission as a"Reports and Recommendations" item. 36. That final elevation 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 incorporate the ledge stone treatment along the north, east and south building elevations. ~ VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 35 minutes (2:23-2:58) 06-02-04 Page 9 0 JUNE 2, 2004 PLANNING COMMISSION MINUTES ~ ~ • 6a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Continued to 6b. CONDITIONAL USE PERMIT NO. 2001-04399 June 14, 2004 (TRACKING NO. CUP2004-04850) OWNER: Walter Shook, 3743 North Greenbrier Road, Long Beach, CA 90808 AGENT: Mark Lally, 731 Monroe Way, Placentia, CA 92870 LOCATION: 2920 East La Jolla Street. Property is approximately 1.12 acres, having a frontage of 155 on the south side of La Jolla Street, located 194 feet west of the centerline of Red Gum Street. Request to permit an automobile sales auction in conjunction with an existing auto body and towing facility. CONDITIONAL USE PERMIT RESOLUTION NO. sr8733gk.doc OPPOSITION: None ACTION: Commissioner Eastman offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED, to continue the subject request to the June 14, 2004, Planning Commission meeting as requested by the petitioner in order to allow additional time to submit revised plans. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. 06-02-04 Page 11 JUNE 2, 2004 PLANNING COMMISSION MINUTES ~ MEETING ADJOURNED AT 3:02 P.M. TO MONDAY, JUNE 14, 2004 AT 10:00 A.M. FOR PRELIMINARY PLAN REVIEW. Respectfully submitted: ~ ~~~~~ at Chandler Senior Secretary Received and approved by the Planning Commission on , 2004. ~ • 06-02-04 Page 12