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Minutes-PC 2004/06/14 (2)• • • CITY OF ANAHElM PLANNING COMMISSION MINUTES MONDAY, JUNE 14, 2004 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRPERSON: JAMES VANDERBILT-LINARES COMMISSIONERS PRESENT: PAUL BOSTWICK, KELLY BUFFA, GAIL EASTMAN, CECILIA FLORES, JERRY O'CONNELL, DAVID ROMERO ,~~ °~ ~ ~ ~~~. COMMISSIONERS ABSENT: N~N~~E - ~~~~ ~„A.w. ~~ ~ ~ ``~~~ ~ °~ ,, s '~~ ~, ~ ~ ~ '~ . ~~e.. STAFF PRESENT: ~~'~ ,~~ _ Selma Mann, Assistant~Cit~r=Att~ Greg Hastings, Zonin~~iisioi~ Greg McCafferty, Pr~n~ci~al Plan Brad Hobson, De~~i~y D~~ctor~ Mark Asturias, Re~cte,~~ Prop~ei Della Herrick, Asso~;iate~ P~~nn~ ~~" , ~~ ,°~~ ~ ~,; ~ AGENDA PQ~STIN.G A compl"e Thursday, Jt~r~e ~I°0; 20Q~~ ~ir~sidE the outside rdispl,~y_~kips~~C~: ~ t~ ~ ~ ~~ ~ ~~„ , PUBLISHED~ "'~a~~ ~ AnaF~eir~,+l ~; ~ ~~ ~~; ~ ,6~, CALL TO ORDER ; ~ : x ~ .9 v ~ ~ ~° h ~m~~~~ ~ ° .. - .._ .~~nif.-,:'"~, ~elop. Pat Chandle~r~, Sen Manager Danielle Mascie~;"`~ py of the Planning Commission Agend display case located in the foyer of the on I Tran'~~ortation Planner ~'Civil`°~rrqineer QLANNl~1~G ~OM~,NN$SION. MOR~II[~I~~SS10N 10:0~ A,~VI,,~~ •t STAF'~~UPDATE~~T'O~GOMMISS~QN-~ON ~1/~RIQUSfi,C~IT~~. '. DEVE~OPMEN;TS P~ND MSS~JE~(A~rk't~Q.s,E~`f~ED°BY §:~'~ ~4 PLANNI~IG COIVIMISSIO,N)" d~ ~"``~~°'°°°` ~'~.PRELIMINARY PLAN REV6EUV FOR..iTEI~1S ON THE JUNE '~ ` ` ~ ~` ~ ~"~ ~"~~ ~ ~ ~ a ,~ ~ ~ ~,~~ n ~u a.m. on and also in ~ ~ ~ ~` ~ ~ ~ ~ ` ~. ~ ~~.~ ~ 3 ~ 8~ ~ ~~ i ~~ DA RECESS TO AFl'~E'RNOON PU~LI~ HEARING SE~BS~Q(~ ~~ad ~~`~'~ ~ ?~~ ~ ~ - ~, ~r~ ~k $~ U ~, yl `}'s ~4, RECONVENE TO PUBLIC~ HEARING "1:30 P.M ~~~` ~ ~ ~ ~ai`f ;~~ ~* ,< $ For record keeping purposes, if~yQU wlsh tomi~ake~ak.sta~ement regarc~i~g any.iterr`i`~'~on the agenda, p/ease complete a speaker car~ and submitit to~the ~Sec~reY~ry. : ' ~' ~~b. ' ~ '~, ~! ~ ~ ~ PLEDGE OF ALLEGIANCE: Commissioner O',Connefl ~_ _ j ~ y°'~-~ ~r,~~:~ PUBLIC COMMENTS CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT ~ H:\DOCS\CLERICAL\MINUTES~AC061404.DOC lannin commission anaheim.net JUNE 14, 2004 PLANNING COMMISSION MINUTES • RECONVENE TO PUBLIC HEARING AT 1:30 P.M. ITEMS OF PUBLIC INTEREST: Chairperson Vanderbilt-Linares read a resolution of appreciation from the Planning Commission to Commissioner Bostwick as a commemoration of 9 years of service to the Planning Commission. Additionally, the current Commissioners as well as former Commissioner Bristol stated farewell with words of appreciation and praise. Commissioner Bostwick thanked his colleagues for their kind words and stated that it has been an honor to be of service to the City of Anaheim and that 9 years seemed like "yesterda~'. PUBLIC COMMENTS: Robert Morse, 7020 E. Blackbird Lane, Anaheim Hilis, CA, stated concern that there are five fully improved four-lane roads leading into Anaheim Hills; Anaheim Hills Road, Canyon Rim Road, Serrano Weir Canyon Road and Nohl Ranch Road, and then there is Fairmont Boulevard which is a"hodgepodge" of two lanes, three lanes, four lanes with abrupt changes from one to the other - an accident waiting to happen. He asked if there is widening of the road in the improvement plan for the future. Alfred Yalda, Principal Transportation Manager, responded that the stretch is designated as a secondary highway in the General Plan Element and currently there is no widening scheduled on the capital improvement plan for the next 7 years. Commissioner Bostwick suggested that the applicant has the option of obtaining a petition from the • neighbors and the property owners along Fairmont Circle and forwarding it to the City Council. CONSENT CALENDAR: Item 1-A through 1-D 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 and 1-D) as recommended by staff. Consent Calendar Item (1-B) was removed from the Consent Calendar for separate discussion. UNANIMOUSLY APPROVED • 06-14-04 Page 2 JUNE 14, 2004 PLANNING COMMISSION MINUTES • 1. REPORTS AND RECOMMENDATIONS • • A. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (b) CONDITIONAL USE PERMIT NO. 2002-04641 (TRACKING NO. CUP2004-04853) Tait and Associates, 9089 Claremont Mesa Boulevard #300, San Diego, CA 92123, requests a retroactive extension of time (approved March 18, 2003, expired March 18, 2004) to comply with conditions of approval for a previously-approved service station with accessory car wash and convenience market with the sales of beer and wine for off- premises consumption. Property is located at 1201 South Brookhurst Street (Arco AM/PM Service Station). 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 March 18, 2005, based on the following: (i) That this is the first request for a time extension and Code permits a maximum of two requests for a time extension to comply with conditions of approval, (ii) That subsequent to the Notices of Violation issued by the Code Enforcement Division, the property has been properly maintained and that there are no outstanding complaints or violations. (iii) That there have been no changes to the Anaheim General Plan or 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. (iv) That there is no information or changed circumstances which contradict the facts necessary to support the required findings for approval of Conditional Use Permit No. 2002-04641. Approved Approved retroactive extension of time for one year (to expire on March 18, 2005) (Vote: 7-0) sr8737gk.doc 06-14-04 Page 3 JUNE 14, 2004 PLANNING COMMISSION MINUTES • B. (a) _C_EQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (b) CONDITIONAL USE PERMIT NO. 3262 (TRACKING NO. CUP2004-04869) Neru Patel, 6220 Gossen Street, Simi Valley, CA 92887, requests Planning Commission Review and approval of final elevations and landscape plans for a 4-unit commercial retail center and two-story medical office building. Properties are located at 8245 and 8295 East Monte Vista Road. (This item was removed from the Consent Calendar for separate discussion.) Approved Approved final elevation and landscape plans (Vote: 7-0) sr3073ey.doc Chairperson Vanderbilt-Linares called to recognition, Item No. 1-B, for separate discussion. Greg McCafferty, Principal Planner, introduced Item No. 1-B. Commissioner Romero stated that he met with the applicant and also the architect initially concerned with the plans and he commended staff, the applicant and the architect for all of their hard work in making it fit in nicely with the neighborhood and on the great looking landscaping. ACTION: Commissioner Romero 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 Romero offered a motion, seconded by Commissioner Eastman and MOTION CARRIED, that the Anaheim City Planning Commission does hereby approve the final elevation and landscape plans as proposed and recommended by staff. DISCUSSION TIME: 2 minutes (2:01-2:03) • 06-14-04 Page 4 JUNE 14, 2004 PLANNING COMMISSION MINUTES • C I • C. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (b) VARIANCE NO. 2003-04558 (TRACKING NO. VAR2004-04610) Joe Richter, John Laing Homes, 895 Dove Street, Suite 110, Newport Beach, CA 92660, requests review and approval of final building elevation plans, colors and materials. Properties are located at 501- 541 South Anaheim Boulevard and 100-142 West Santa Ana Street (The Boulevard). ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Eastman and MOTION CARRIED, to continue the subject request to the June 28, 2004, Planning Commission meeting as requested by staff. Continued to June 28, 2004 (Vote: 7-0) sr1162cw.doc 06-14-04 Page 5 JUNE 14, 2004 PLANNING COMMISSION MINUTES • D. Receiving and approving the Minutes from the Planning Commission Approved Meeting of June 2, 2004. (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 June 2, 2004. u ~ 06-14-04 Page 6 JUNE 14, 2004 PLANNING COMMISSION MINUTES • PUBLIC HEARING ITEMS: 2a. CEQA NEGATIVE DECLARATION Approved 2b. VARIANCE NO. 2004-04607 (READVERTISED) Granted, in part 2c. TENTATIVE TRACT MAP NO. 16683 Approved OWNER: Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 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, lacated 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. • 7entative 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 and June 2, 2004, Planning Commission Meetings. VARIANCE RESOLUTION NO. PC2004-63 sr2156ds.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 2, and suggested modifications to Condition No. 8- street improvements, and stated a cash payment would be requested from the applicant in lieu of the street widening at a price determined by City Engineering; and Condition No. 9- relocation of utility poles and cable lines. ApplicanYs Testimony: Cheryl Stump, Project Manager with Brookfield Homes, stated they are proposing 28 attached town home units on the site, of which eight units would be designated as affordable. Improvements would include the construction of new sidewalks the relocation of a catch basin and the installation of streetlights and street trees. She requested confirmation and clarification on who would maintain the existing storm drain . located on site. 06-14-04 Page 7 JUNE 14, 2004 PLANNING COMMISSION MINUTES • James Ling, Associate Civil Engineer, stated that the City would be abandoning the existing public drainage easement currently on site and relocating it so that it would not conflict with the building. However it did not apply to the private storm drains that were going to be located on site to connect into the public drain line. Public Testimony: Esther Wallace, 604 Scott Lane, Anaheim, CA, representing WAND (West Anaheim Neighborhood Development) stated that in West Anaheim they have been very pleased with the builder and are happy to have such a nice plan put into effect. THE PUBLIC HEARING WAS CLOSED. Commissioner Buffa stated that Condition No. 8 previously dealt with the trash storage areas but had been modified to state the construction improvements of Lincoln Avenue and she wished clarification on what would happen regarding trash storage areas with the deletion of Condition No 8. Mr. Ling responded that it is part of the decision letter for the tracts and there are separate resolutions and separate conditions. Additionally, he clarified that the cash payment would be based on the construction quantities and the unit prices determined to widen Lincoln Avenue in the future. OPPOSITION: None IN SUPPORT: A person representing West Anaheim Neighborhood Development Council (WAND) spoke in favor of the subject request. • ACTION: Approved CEQA Negative Declaration Granted, in part, Variance No. 2004-04607 (to construct an "affordable" 1-lot, 28-unit attached condominium complex) by approving waivers pertaining to (a) minimum front yard setback adjacent to an arterial highway, (b) required improvement of the public right-of-way, (c) minimum number, type, and design of off-street parking spaces, and (e) minimum distance between buildings; and denying waiver (d) pertaining to maximum structural height within 150 feet of a single-family residential zone since it has been deleted subsequent to advertisement; and adoption of the resolution attached to the staff report dated June 14, 2004, including the findings and conditions contained therein. Approved Tentative Tract Map No. 16683 (to establish an "affordable", 1-lot, 28-unit airspace attached condominium subdivision) and adoption of the motion excerpt attached to the staff report dated June 14, 2004, including the findings and conditions contained therein, with the following modifications. Modified Condition Nos. 8 and 9 to read as follows: 8. That the applicant shall submit ~ee~improvement plans to the Public Works Department, Subdivision Section to va+~er~ improve Lincoln Avenue per Public Works Standard Detail 160 and the Lincoln Avenue Master Corridor Study. The applicant shall also install street trees, tree wells and irrigation along Lincoln Avenue. Irrigation shall be tied into the on-site system and maintained by the property owner. No additional s~~ee~ right-of-way dedication is required. The applicant shall make • a cash payment in lieu of the street widening in an amount determined by the City Engineer (to be the estimated construction cost to widen Lincoln 06-14-04 Page 8 JUNE 14, 2004 PLANNING COMMISSION MINUTES • Avenue). The applicant shall receive credit for improvements constructed in their ultimate location. A Right of Way Construction Permit shall be obtained from the Development Services Division for all work perFormed in the right of way. A bond shail be posted in an amount approved by the City Engineer and a form approved by the City Attorney prior to approval of the final map. The improvements shall be constructed prior to certificate of occupancy. 9. That the applicant shall submit a written request to the Public Works Department, Subdivision Section to petition SBC to relocate the ~ewer~utility poles (6 total) and cable lines along the projecYs frontage on Lincoln Avenue. VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 10-day appeal rights for the Tentative Tract Map and the 22-day appeal rights for the Variance. DISCUSSION TIME: 14 minutes (2:04-2:18) u • 06-14-04 Page 9 JUNE 14, 2004 PLANNING COMMISSION MINUTES r C~ • 3a. CEQA MITIGATED NEGATIVE DECLARATION Approved 3b. WAIVER OF CODE REQUIREMENT Approved 3c. CONDITIONAL USE PERMIT NO. 2004-04848 Granted OWNER: T. White, LLC & Dartbrook, 18800 Von Karmen, Suite 100, Irvine, CA 92612 LOCATION: 1585 South Manchester Avenue. Property is approximately 4.293-acres, having a frontage of approximately 187 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 an existing legal nonconforming industrial building 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 from the June 2, 2004, Planning Commission Meeting. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-64 sr8728dh(b).doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 3. ApplicanYs Testimony: Mike Hefner, Voit Commercial Brokerage, 3500 W. Orangewood, Orange, CA, stated that he was present with members of the ownership and they were also present during the morning session and listened to questions raised regarding parking; the employee smoking area; and the gate access to the rear parking area. The employee parking is primarily in the rear of the building. The gate could either be removed entirely or remained open during business hours for traffic circulation to and from the back of the site. The front of the building would primarily be intended for visitor parking. A designated smoking area would be located outside of the building. THE PUBLIC HEARING WAS CLOSED. Commissioner Romero asked how it couid be certain that all uses would remain indoors. Mr. Hefner responded a staging area or lobby had been designed to receive all visitors to the property. Additionally, it would be an appointment only facility and if they were not previously arranged appointments they would be turned away at the door; it has been made very clear to INS (Immigration and Naturalization Services) that they operate the facility with all personnel and visitors inside the building at all times; and a security screening facility would be located inside the lobby and directed into one of two waiting rooms. Commissioner Eastman offered a suggestion on the creation of the smoking area for the employees to be located in the back of the building so that it would not create the atmosphere that it was a place for people to wait outside. FOLLOWING IS A SUMMARY OF THE PLANNWG COMMISSION ACTION. ~ 06-14-04 Page 10 JUNE 14, 2004 PLANNING COMMISSION MINUTES • OPPOSITION: None ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Eastman and MOTION CARRIED, that the Anaheim City Planning Commission does hereby approve the Mitigated Negat+ve Declaration (with Mitigation Monitoring Plan No. 066) as being adequate to serve as the required environmental documentation for the subject request. Approved Waiver of Code Requirement Granted Conditional Use Permit No. 2004-04848 (to permit office uses in an existing legal nonconforming industrial building); and adoption of the resolution attached to the staff report dated June 14, 2004, including the findings and conditions contained therein, with the following modifications: Added the following condition of approval to read as follows: That employee parking shall be located at the rear of the building and that the gate to the rear parking lot shall remain open during business hours. • • VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 6 minutes (2:19-2:25) 06-14-04 Page 11 JUNE 14, 2004 PLANNING COMMISSION MINUTES • 4a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Continued to 4b. CONDITIONAL USE PERMIT NO. 2001-04399 June 28, 2004 (TRACKING NO. CUP2004-04850) OWNER: Walter Shook, 3743 North Greenbrier Road, Long Beach, CA 90808 AGEN7: 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. Continued from the June 2, 2004, Planning Commission Meeting. CONDITIONAL USE PERMIT RESOLUTION NO. sr8736gk.doc FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. • OPPOSITION: None ACTION: Commissioner Eastman offered a motion, seconded by Commissioner Flores and MOTION CARRIED, to continue the subject request to the June 28, 2004, Planning Commission meeting as requested by the petitioner in order to resolve compliance issues with the original conditional use permit. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. u 06-14-04 Page 12 JUNE 14, 2004 PLANNING COMMISSION MINUTES • 5a. CEQA NEGATIVE DECLARATION Continued to 5b. RECLASSIFICATION NO. 2004-00124 August 9, 2004 OWNER: Raymond Siegefe, P.O. 8ox 3284, Anaheim, CA 92803 Voit Anaheim Business, 21530 Oxnard Street, Unit B, Woodland Hills, CA 91367-4942 Charles Atwood, 23772 Avenue 208, Lindsay, CA 93247 CP/HERS Anaheim LP, 600 Citadel Drive, Suite 100, Los Angeles, CA 90040 Kenneth Thompson, P.O. Box 5406, Orange, CA 92863 Tomas Rodriguez, P.O. Box 8521, Anaheim, CA 92812 LOCATION; Portion A: 516 East Santa Ana Street and 501 - 547 South Atchison Street; Portion B: 500 - 558 South Atchison Street; Portion C: 610 South Olive Street and 711 East South Street: and Portion D: 525 East South Street Portion A; This 10.7-acre area is located at the southeast corner of Santa Ana Street and Olive Street with frontages of 970 feet on the south side of Santa Ana Street and 480 feet on the east side of Olive Street (516 East Santa Ana • Street and 501 - 547 South Atchison Street - Kwikset site). Portion B: This 10.3-acre area has frontages of 150 feet on the south side of Santa Ana Street and 340 feet on the east side of Olive Street and a maximum depth of 1,120 feet (500 - 558 South Atchison Street). Portion C: This 10.3-acre area has frontages of 150 feet on the north side of South Street and 340 feet on the east side of Olive Street and a maximum depth of 1,120 feet (610 South Olive Street and 711 East South Street). Portion D: This 9.8-acre area is located at the northeast corner of South Street and Olive Street with frontages of 440 feet on the east side of Olive Street and 970 feet on the north side of South Street (525 East South Street). City-initiated (Community Development Department) request for approval of a reclassification of these properties as follows: Portion A- from ML (Limited Industrial) to RM-3 (Residential, Multiple- Family-2400) zone or less intense zone. Portion B- from ML (Limited Industrial) to RM-4 (Residential, Multiple- Family-1200) zone or less intense zone. Portion C- from ML (Limited Industrial) to RM-4 (Residential, Multiple- Family-1200) zone or {ess intense zone. Portion D- from ML (Limited Industrial) to RM-3 (Residential, Multiple- Family-2400) zone or less intense zone. RECLASSIFICATION RESOLUTION NO. sr2151ds.doc • 06-14-04 Page 13 JUNE 14, 2004 PLANNING COMMISSION MINUTES • Ghairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 5. Public Testimony: Ray Siegele, 832 N. West St., Anaheim, CA, stated concern of erroneous reports that The Community Development Department is currently in escrow and the infrastructure installation had already been addressed, Mark Asturias, Redevelopment/Property Senior Manager, responded the City is in escrow on what was the former Kwikset parcel. The infrastructure issues were fully analyzed and acted upon by both the Planning Commission and the City Council. Christopher Spurrows, 802 S. Olive St., Anaheim, CA, stated he recently received the notice and wanted to know how it would affect his property. Mr. Asturias responded that it provided an opportunity to not only the City but to the property owners to either continue using the property as it existed today or it would give the property owner the opportunity to convert the property to a residential use in the future. THE PUBLIC HEARING WAS CLOSED. Commissioner Eastman asked if the Redevelopment Department could foresee continuing to move forward with the Kwikset site and the portion south of that site even though the land between Atchinson and the tracks was still not owned by the City. • Mr. Asturias responded yes, the Redevelopment Agency is currently in the process of comp{eting acquisition of a substantial portion of at least 16 acres of the site that is identified under the request. Commissioner Bostwick stated that since the City did not own all of the property he would consider it a "taking" of property. Commissioner Buffa stated that she was not comfortable stating that she would vote for a zone change without people having a better understanding of what that meant for their future and having a better sense of how the properties would develop if in fact the City did not acquire significant portions of them. Commissioner Flores asked if the Redevelopment Department held public hearings or if it was just to inform. Brad Hobson, Deputy Director of Community Development, responded all of the property owners on Atchinson had been contacted by the Redevelopment Agency's agent at the least. The Redevelopment Department would like to negotiate with each and every one of the property owners. The City has every right to rezone property. They would be "grandfathered" in as industrial uses. Commissioner Romero stated reclassification only made the property more valuable and would give the property owners more options. Selma Mann, Assistant City Attorney, wished to clarify the discussion regarding "taking" of a property, which would refer to an actual taking for a public purpose without compensation. Under law, cities have the right to initiate reclassifications otherwise there would be no opportunity to rezone and do long term planning for cities. • 06-14-04 Page 14 JUNE 14, 2004 PLANNING COMMISSION MINUTES ~ THE PUBLIC HEARING WAS RE-OPENED. Mr. Siegel stated that he was not opposed to the rezoning and neither were the other property owners but asked that the City find them a suitable piece of property that would give them the same situation and the same privileges that they currently have. They are in downtown Anaheim and would like to remain so. THE PUBLIC HEARING WAS CLOSED. • • Commissioner Bostwick suggested a continuation to give Redevelopment time to meet with the property owners and neighbors and come up with a better understanding of what they were doing, and to allow the City the opportunity to present what they actually own and not property that belonged to someone else. OPPOSITION: None IN GENERAL: Two people spoke with questions and concerns pertaining to the subject request. A letter of concern was received at today's meeting. ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Buffa and MOTION CARRIED, to continue the subject request to the August 9, 2004, Planning Commission meeting as requested by the Commission in order to give Community Development Department staff an opportunity to meet with affected property owners to discuss the proposal. VOTE: 6-1 (Commissioner Romero voted no) DISCUSSION TIME: 39 minutes (2:26-3:05) 06-14-04 Page 15 JUNE 14, 2004 PLANNING COMMISSION MINUTES • 6a. CEQA CATEGORICAL EXEMPTION - CLASS 3 Concurred with staff 6b. CONDITIONAL USE PERMIT NO. 2003-04791 Approved amendment (TRACKING NO. CUP2004-04851) to conditions of approval and exhibits. OWNER: Anaheim Crossroads, LLC, Attn: Leedy Ying, 12550 Whittier Boulevard, Whittier, CA 90602 LOCATION: 1126 South Anaheim Boulevard. Property is approximately 3.4-acres, located at the northeast corner of Anaheim Boulevard and Ball Road. Request to amend a condition of approval and amend exhibits to subdivide a previously-approved tenant space into two tenant spaces (for a total of four) within a previously-approved commercial retail center. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-65 sr5098jr.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 6. Applicant's Testimony: Marty Ying, representing the landlord, stated he had read the staff report and did not have any questions. • THE PUBLIC HEARING WAS CLOSED. Commissioner Flores asked if additional landscaping would be placed in the area. Mr. Ying responded no; the onfy extra landscaping would be on the driveway along side the new building in the planter area as previously discussed. Mr. McCafferty stated that on the prior approval they were also required to refurbish the parking lot landscaping and to add additional trees along the frontages, and concurred with the applicant that it is an existing retail center that already has the landscape setbacks in place. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Flores 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 3(New Construction), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmentai documentation. Approved request to amend Conditional Use Permit No. 2003-04791 (Tracking No. CUP2004-04851) to amend a condition of approval and amend exhibits to subdivide a previously-approved tenant space into two tenant spaces (for a total of four) within a • previously-approved commercial retail center and adoption of the resolution attached to the staff report dated June 14, 2004, including the findings and conditions contained therein. 06-14-04 Page 16 JUNE 1A, 2004 PLANNING COMMISSION MINUTES • VOTE: 7-0 Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 4 minutes (3:06-3:10) u ~J 06-14-04 Page 17 JUNE 14, 2004 PLANNING COMMISSION MINUTES • 7a. CEQA CA7EGORICAL EXEMPTION - CLASS 1 Concurred with staff 7b. CONDITIONAL USE PERMIT NO. 2004-04854 Granted OWNER: Paul Chiavatti, 1340 West Pearl Street, Unit A, Anaheim, CA 92801 LOCATION: 1610 South Brookhurst Street. Property is approximately 0.16 acre, having a frontage of 63 on the east side of Brookhurst Street, located 142 feet south of the centerline of Harle Avenue. Request to permit a residential group care facility with on-site counseling for up to 13 residents recovering from alcohol and/or chemical dependency. CONDITIONAL US~ PERMIT RESOLUTION NO. PC2004-66 sr1151cw.doc Chairperson Vanderbilt-Linares opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 7. Applicant's Testimony: Paul Chiavatti, 1610 South Brookhurst Street, 1340 N. Pearl St., #A, Anaheim, CA, stated the Expedition House is proud to have been in business in the City of Anaheim for over 7 years without incident. He • listed a number of organizations who supports them and/or in which they have affiliation. Public Testimony: Dr. Thomas Montgomery, The Program Director of the Expedition House, 1175 N. Euclid St., Anaheim, CA, stated rather than creating additional problems for the community the project would clean up a community issue. The clients are given drug test on a regular basis. Kenton Martin, 1610 S. Brookhurst St., Anaheim, CA, stated the staff, the corporate and administrative side of the Expedition House primary goal is the best interest of the people in the community. They are an asset to the community and periodically one of the residents would even check on an elderfy lady who lived alone next door to make sure all was well with her. William Mayer, Janalee T. Antos, Judy Johnston, Sam Hoff, Heather Boley (absent - submitted a letter) and Shirley McCracken, all members of the 1600 block neighborhood and Esther Wallace Chairman of WAND (West Anaheim Neighborhood Development), stated a number of concerns such as: there were 110 names submitted on the petition in protest to the Sober Living Home; the project is an industry and not residential; harassment of the neighbors; broken liquor bottles in their yards; 52% drop in crime in the area has been to the efforts of the community; finding 20 to 50 syringes a day in the bushes; children coming across the street from Loara High School to buy drugs in their neighborhood; drug houses in the neighborhood; homeless drug pushers; violence with two attempted knifings on children; ongoing and constant blocking of garages and alley access; people sleeping in cars in the alley; cars and homes being robbed; and the alley used as a toilet in plain view. Also when they have gone and requested that the cars be removed from the a11ey they've had the door slammed in their faces. Applicant's Rebuttal: • Mr. Chiavatti stated that the neighborhood concerns were confusing to him because the complaints being mentioned are not happening on his street and do not pertain to the residents in his house. Not one of the 06-14-04 Page 18 JUNE 14, 2004 PLANNING COMMISSION MINUTES • people or associations has ever contacted him concerning a problem. When The Expedition House is converted into the Sober Living House it would turn into a place where residents could not leave. It would go from 15 people with cars to 13 people without cars. There would only be two visitors at any one time. THE PUBLIC HEARING WAS CLOSED. Chairperson Vanderbilt-Linares asked if somebody came knocking on the door of 1610 S. Brookhurst Street would there be any chance that they would actually find him or if they would end up talking to a resident who could conceivably not pass along the information to him. Mr. Chiavatti responded there is a manager there almost all of the time and he would have been notified. Commissioner Buffa stated it seems that the impact on the neighbors would be significantly improved if it is a licensed counseling facility versus what it currently is. Commissioner Eastman stated that the neighborhood has a very active group of citizens who care about their neighborhood and who have worked really hard to clean it up and she would see him and his staff coming together with the people and working with them in the interest of having a good neighborhood. Mr. Chiavatti responded that he welcomed it and has never had a problem before. DURING THE ACTION. Commissioner Romero stated that he spoke with Mr. Chiavatti before on another Expedition House and he toured his other facilities and found the facilities to be run very well and also found that Mr. Chiavatti is very willing to speak with the community and work together as a team. • • • ~ ~- • • ~ • • • OPPOSITION: 5 people spoke in opposition to the subject request. A letter of opposition with 77 signatures was received at today's meeting. A letter of opposition was received at today's meeting (read into the record). A letter of opposition with 43 signatures was received prior to today's meeting. IN SUPPORT: A person spoke in favor of the subject request. IN GENERAL: A person spoke with issues unrelated to the subject request. ACTION: Commissioner O'Connell 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 Granted Conditional Use Permit No. 2004-04854 (to permit a residential group care facility with on-site counseling for up to thirteen (13) residents recovering from alcohol and/or chemical dependency); and adoption of the resolution attached to the staff report dated June 14, 2004, including the findings and conditions contained therein. VOTE: 5-2 (Chairperson Vanderbilt-Linares and Commissioner Bostwick voted no) . Selma Mann, Assistant City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 1 hour and 22 minutes (3:11-4:33) 06-14-04 Page 19 JUNE 14, 2004 PLANNING COMMISSION MINUTES • 8a. CEQA NEGATIVE DECLARATION Continued to 8b. RECLASSIFICATION NO. 2004-00123 July 12, 2004 8c. WAIVER OF CODE REQUIREMENT 8d. CONDITIONAL USE PERMIT NO. 2004-04856 8e. TENTATIVE TRAC7 MAP NO. 16691 OWNER: KC Chang, Prominence, Inc., 1265 North Manassero Street #303, Anaheim, CA 92807 LOCATION: 135 South Dale Avenue. Property is approximately 0.82 acre, having a firontage of 148 feet on the west side of Dale Avenue, located 410 feet south of the centerline of Lincoln Avenue. Reclassification No. 2004-00123 - Request reclassification of the property from the R5-A-43,000 (Residential/Agricultural) zone to the RM- 2400 (Residential, Multiple-Famify) zone or less intense zone. Conditional Use Permit No. 2004-04856 - Request to construct a 14-unit semi-attached residentia{ condominium complex with waiver of minimum distance between buildings. Tentative Tract Map No. 16691 - Request to establish a 1-fot, 14-unit semi-attached residential condominium subdivision. RECLASSIFICATION RESOLUTION NO. CONDITIONAL USE PERMIT RESOLUTION NO. sr509Tjr.doc • OPPOSITION: None ACTION: Commissioner Flores offered a motion, seconded by Commissioner Bostwick and MOTION CARRIED, to continue the subject request to the July 12, 2004, Planning Commission meeting as requested by the petitioner in order to allow additional time to submit revised plans and submit a sewer capacity study. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. C ~ 06-14-04 Page 20 JUNE 14, 2004 PLANNING COMMISSION MiNUTES ~ MEETING ADJOURNED AT 4:35 P.M. TO MONDAY, JUNE 28, 2004 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. ~ ~ Respectfully submitted: ~~~~~~~~~~ Pat Chandler Senior Secretary Received and approved by the Planning Commission on , 2004. 06-14-04 Page 21