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Minutes-PC 2004/06/28~ • ~ CITY OF ANAHEIM PLANNING COMMISSION MINUTES MONDAY, JUNE 28, 2004 Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRPERSON PRO TEMPORE: GAIL EASTMAN COMMISSIONERS PRESENT: PAUL BOSTWICK, KELLY BUFFA, JERRY O'CONNELL, DAVID ROMERO ~. e~A~, ~~ COMMISSIONERS ABSENT CE~ILIA FCb,RES, JAMES U~~NDERBILT-LINARES ~ ~ ~ ,~ ~ ~ ~ °t ~ ~ .~ ~ ~ ~ "'~ STAFF PRESENT: :~~ ~: ~~ ~ ~' ~~~~ ~ ~ ~ ~,,, Selma Mann, Assistant ~rty°Attor iev~ ` e .~~~~p~~=Alfr.ed.:Yalda,°Pri~cipal Transportation Planner Greg Hastings, Planni~i'"~~5erv~c Greg McCafferty, P~In~~al Pl~n Mark Gordon, De~'Uty Gi~y Attor' AGENDA POSTING A cp Thursday, J~C~e 1Q~ 200~;~~ the outside c~i~pla~~tias~.~ ,~ t ~ ~ ~ ,~ ~~~~ PUBLISHED Anahqir~t Bu ,~~:~ ; ~ ~ CALL TO ORDER ; ~ ' ~ ~ _ ~~ ~= '.PLANNING~r( ~;~ '~ STAFF~ ll '~ ` DE~~~:~0 ~~ PLAN~7.~~ ~~_ `a PREL'IMI, RECESS TO A~1'ER~ ~ `~. ~~, ~ RECONVENE TO F?~ For record keeping`~ complete a speaker ;r~ ~-~ ~ tny Morris; ~enror. 3ecretary rr ~y ~ ~°`~ Pat Chandle.~, Senior,,~5~cretary ~'~~,~ , ~`"~ Danielle Mascie~, W~=t~~Pr~oce~SSi~g~Qperator ,~ ~ ~ ~~ r `°~ ~ ~ ~copy of the Planning Commission Agentl~ vV~~,~posted~t 1~~.30 a.m. on h~e display case located in the foyer of the~~oun~~I~Ch~r~rbers~ and also in ~ y , ~ lewspaper on~~`Thursday, June 3,~~~Q04 y . ~ . . ~ a ~ ~ : ff~ ~. a, ~ -m ~. ~ y : ~ SSIC~N MORNING SESSION~11:OD ~.M. , , ? ~ °_,TO ~O,MMISSI.ON°ON VARIOUS' CITY ~~ TS°F~NDqI~aSUES (A~ REQUEST~L? BY; j`; . s V1tM I S°S10N.)., ` ,t" ~ ° ` PL~N~RE~%IE1N F41~~'I'~EM,S ON~THE JIJNE 2~;'200_4,;;;AGE,NDA ~ ~ LIC~HEAf211VG SESSION~~`"~_. y ~ u ~~ A~ ` k ' . j { . t~NG 1:30~P~~ ~ ~~ ; ~ ,x-~ ~ ~`~~ ~,~",_ _ ~~ou w+sh~to~ make~ a st~#ement~regat-dinggN~ny itern c~n the agenda, please ~brnit ~t to~f~re~se~~etary ~ ~ ~~'~,, ~ ~~~ a ~ ~ ~. ~ ~ ~ ~ ig ~ , ~ _ ~ ro e PLEDGE OF ALLEGIANCE: Co~rnissionei- B~ostwick~ ~_ ""` „~p,~ ~ ,_ ._ PUBLIC COMMENTS `~"~~ ~ ~~~~~,~~ °~' CONSENT CALENDAR PUBLIC HEARING ITEMS ADJOURNMENT H:~DOCS\CLERICAL\MINUTES~P,C062804.DOC lannin commission anaheim.net JUNE 28, 2004 PLANNING COMMISSION MINUTES RECONVENE TO PUBLIC HEARING AT 1:30 P.M. PUBLIC COMMENTS: NONE This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. CONSENT CALENDAR: Item 1-A through 1-C on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Commissioner Bostwick offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioners Flores and Vanderbilt-Linares absent), for approval of Consent Calendar Items (1-A through 1-C) as recommended by staff. UNANIMOUSLY APPROVED 1. REPORTS AND RECOMMENDATIONS A. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) Approved (b) VARIANCE NO. 2003-04558 Approved final building (TRACKING NO. VAR2004-04610) elevation plans. • Joe Richter, John Laing Homes, 895 Dove Street, Suite 110, Newport Beach, CA 92660, requests review and approval of final building (Vote: 5-0, elevation plans, colors and materials. Properties are located at 501- Commissioners Flores 541 South Anaheim Boulevard and 100-142 West Santa Ana Street and Vanderbilt-Linares (The Boulevard). absent) Continued from the June 14, 2004, Planning Commission Meeting. ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioners Flores and Vanderbilt-Linares absent), 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 O'Connell and MOTION CARRIED (Commissioners Flores and Vanderbilt- Linares absent}, that the Anaheim City Planning Commission does hereby approve the final building elevation plans for a previously-approved 56 unit attached and detached "affordable" residential condominium complex with incentives in lieu of a density bonus for VAR2003-04558 (Tracking No. VAR2004-04610) based on Commission's concurrence with staff that the final plans are substantially in compliance with Condition No. 3 of Planning Commission Resolution No. PC2003-79 including the following additional architectural enhancements: • Specific details including door and window treatments, brick pilasters and walis, and entry features are incorporated into the final construction sr1154cw.doc documents. Plan C of the attached units will include a chimney on the interior (side) elevation; however, a fireplace may require removal of the 06-28-04 Page 2 JUNE 28, 2004 • PLANNING COMMISSION MINUTES • • windows currently shown on the plans due to Building and Safety Code requirements. Pilasters will be constructed at every corner along the front elevations, facing Anaheim Boulevard and Santa Ana Street and the wrought iron porches will be supported by a brick "soldier coarse" above a concrete base. Individual unit elevations will also address proportionality of roofs to second floor windows and buifding planes that were modified to address developer quality issues and building code requirements. In addition, windows will be casement, single or double hung, not slider, on aff eievations. Porches have been shortened in width to match the building line of the homes and certain porch columns and posts have been modified to address the new widths of porches. All elevations will incorporate door and window treatments to match treatments shown on front elevations and windows will be casement, single or double hung and not slider on all elevations unless expressly required by code or approved by the City. Further, the north side elevation of the "Farm House" elevation scheme, facing Santa Ana Street, will include siding to match the front elevation. Additionally, developer will place ribbon driveways to enhance the front yard presence of the homes with garages at the rear of the property. B. (a) ENVIRONMENTAL IMPACT REPORT NO. 321 (PREV.-CERTIFIED) Approved (b) CONDITIONAL USE PERMIT NO. 2003-04686 Approved Final Sign (TRACKING NO. CUP2004-04865) Plans John Howenstine, 3190 Airport Loop Drive, Suite B, Costa Mesa, CA 92626 and Michael McCormick, McCormick Construction Co. 2507 (Vote: 5-0, Empire Avenue, Burbank, CA 91504, request review and approval of Commissioners Flores final sign plans for a previously-approved vocational school. Property and Vanderbilt-Linares is located at 1501-1551 South Douglass Road. absent) ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioners Flores and Vanderbilt-Linares absent), that the Anaheim City Planning Commission does hereby determine that the previously-certified EIR No. 321 is adequate to serve as the required environmental documentation for subject request. Commissioner Bostwick offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioners Flores and Vanderbilt- Linares absent), that the Anaheim City Planning Commission does hereby approve the final sign plans for the previously-approved vocational school for Conditional Use Permit No. 2003-04686 (Tracking No. CUP 2004-04865) based on Commission's concurrence with staff that the final plans are substantially in compliance with Condition No. 32 of Resolution No. PC2003- 72 identified in the staff report dated June 28, 2004, and the proposed signs are of quality design and are compatible with the signs in the immediate vicinity. sr8744av.doc 06-28-04 Page 3 JUNE 28, 2004 • PLANNING COMMISSION MINUTES C. Receiving and approving the Minutes from the Planning Commission Meeting of June 14, 2004. (Motion) ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioners Flores and Vanderbilt-Linares absent), that the Anaheim City Planning Commission does hereby receive and approve the minutes for the Planning Commission meeting of June 14, 2004. • • Approved (Vote: 5-0, Commissioners Flores and Vanderbilt-Linares absent} 06-28-04 Page 4 JUNE 28, 2004 • PLANNING COMMISSION MINUTES PUBLIC HEARING ITEMS: 2a. CEQA CATEGORICAL EXEMPTION - CLASS 1 2b. CONDITIONAL USE PERMIT NO. 2001-04399 (TRACKING NO. CUP2004-04850) OWNER: Walter Shook, 3743 North Greenbrier Road, Long Beach, CA 90808 AGENT: Mark LaHy, 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 amend a previously-approved conditional use permit for an existing auto body and towing facility with vehicle impound to allow an accessory automobile sales auction. Continued from the June 2 and June 14, 2004, Planning Commission Meetings. ~~ ~J • CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-67 Chairperson Pro Tempore Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 2. Applicant's Testimony: Concurred with staff Approved amendment to allow an accessory auto sales auction. (The expansion portion of the CUP shall expire on June 28, 2007.) sr8736gk.doc Said Abu Qartoumy, 2920 East La Jolla Street, Anaheim, CA, stated that within the three years they have been located there they have never had any violations. His property is approximately 1.2 acres, they have five employees and there is never a need to park on the street, whereas the business across the street from him has 110 employees and runs a 24-hour factory. The business they propose to operate is going to be for Saturdays or Sundays only, and approximately 80% of La Jolla businesses are closed on Saturdays and Sundays so they do not anticipate an impact of vehicles parking on the street. Mo Ishaq, 2931 E. La Jolla Street, Anaheim, CA, owner of the building across from the applicanYs business, stated he only has 55 employees and people from other businesses constantly park in their area, therefore it is a major problem for them. They are open most Saturdays and it will cause major problems on the street when the neighboring auction brings in hundred's of people. Additionally he stated concern for the health of his 55 employees due to auto body paint fumes from the neighboring business. Applicant's Rebuttal: Mr. Qartoumy stated that his business has been approved by the AQMD and they only do customize work. He plans to lease parking space from a neighboring business on Saturdays and at the present time he has over 150 parking spaces inside and outside of his facility. Commissioner O'Connell asked if the sales were open to the public and if he would advertise in the paper as a public auction. 06-28-04 Page 5 JUNE 28, 2004 • PLANNING COMMISSION MINUTES Mr. Qartoumy responded that they have their own clients but might also advertise in the paper from time to time. / Chairperson Pro Tempore Eastman asked if selling 50 cars would draw 200 to 300 interested purchasers. Mr. Qartoumy responded that there might be 20 to 60 people coming in but if they felt there was a problem he has consent from his next door neighbor to lease space on Saturdays. Also, they moved the gate from the front of the parking lot further back to give 20 extra parking spaces. THE PUBLIC HEARING WAS CLOSED. Commissioner Bostwick stated that a prior Conditional Use Permit requested that he improve the front landscaping and repave the parking which had not yet been done. Mr. Qartoumy stated fhat they did the landscaping and trimmed all the trees and that the appearance of his business inside and outside is very important to the nature of his business and customers and he would be glad to re-do the landscaping, if necessary. Commissioner Bostwick asked Mr. Qartoumy if auto repair was performed on the site. Mr. Qartoumy responded that he did not have a mechanic on site. They customize body and paint for very exclusive high-end cars such as vipers and cobras, etc. They do not work on cars of accidents; do not do car repair estimates for the public; and do not do insurance quotes, etc. • Chairperson Pro Tempore Eastman asked Mr. Qartoumy if cars were brought there just for auction purposes and if he stored cars when in his possession. Mr. Qartoumy responded that they hold impounds for the California Highway Patrol; hold private property impounds for the City of Placentia; and if a car was impounded and nobody picked it up within 33 days, technically they had the right to auction it off. OPPOSITION: Six letters were received prior to the meeting in opposition to the subject request. IN SUPPORT; Two letters were received prior to the meeting in favor of the subject request. ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioners Flores and Vanderbilt-Linares absent), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categoricai Exemptions, Class 1(Existing Facilities), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. Approved request to amend Conditional Use Permit No. 2001-04399 (Tracking No. CUP2004-04850) for an existing auto body and towing facility with vehicle impound to allow an accessory automobile sales auction and adoption of the resolution attached to the staff report dated June 28, 2004, including the findings and conditions contained • therein, with the following modifications: Modified Condition No. 11 to read as follows: 06-28-04 Page 6 JUNE 28, 2004 • PLANNING COMMISSION MINUTES 11. That the automobile auction shall at all times be accessory to the auto body repair, towing and impound facility and shall be limited from 9 a.m. to 5 p.m., Saturday and Sunday. All auction activities shall occur within the area designated on the floor plan (Revision 1 of Exhibit No. 2). That the vehicles to be auctioned shall be limited to those associated with the existing towing and vehicle impound operation. Added the following conditions of approval to read as follows: That the expansion portion of the conditional use permit shall expire in three (3) years, on June 28, 2007. That within 60-days the asphalt parking areas adjacent to La Jolla Street shall be resurfaced and the landscape setback along La Jolla Street shall be replanted with sod. VOTE: 5-0 (Commissioners Flores and Vanderbilt-Linares absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, July 20, 2004. DISCUSSION TIME: 32 minutes (1:43-2:15) • C ~ 06-28-04 Page 7 JUNE 28, 2004 • PLANNlNG COMMISSION MINUTES 3a. CEQA NEGATIVE DECLARATION 3b. CONDITIONAL USE PERMIT NO. 2004-04859 OWNER: Andrew W. Edwards, 6352 East Nohl Ranch Road, Anaheim, CA 92807 AGENT: Claudia Cockrum, 18071 Fitch Avenue #200, lrvine, CA 92614 LOCATION: 6352 East Nohl Ranch Road. Property is approximately 14.7 acres, having a frontage of 469 feet on the southwest side of Nohl Ranch Road, located 1920 feet southeast of the centerline of Canyon Rim Road (Anaheim Saddle Club). Request to construct a freestanding telecommunications antenna facility (faux pine design) and accessory ground-mounted equipment. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-68 • Chairperson Pro Tempore Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 3. Applicant's Testimony: Approved Granted for 5 years (to expire on June 28, 2009) sr5099jr.doc Claudia Cockrun, 18071 Fitch #200, Irvine, CA, representing AT&T Wireless stated they reviewed the conditions of approval and would be glad to adhere to all of the conditions. 7HE PUBLIC HEARING WAS CLOSED. • • ~ ~- • ~ ~ • ~ • OPPOSITION: None ACTION: Approved CEQA Negative Declaration Granted Conditional Use Permit No. 2004-04859 (to construct a freestanding telecommunications antenna facility jfaux pine design] and accessory ground-mounted equipment) for a period of five (5) years, to expire on June 28, 2009; and adoption of the resolution attached to the staff report dated June 28, 2004, including the findings and conditions contained therein. • VOTE: 5-0 (Commissioners Flores and Vanderbilt-Linares absent) Selma Mann, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, July 20, 2004. DISCUSSION TIME: 2 minutes (2:16-2:18) 06-28-04 Page 8 JUNE 28, 2004 • PLANNING COMMISSION MINUTES 4a. CEQA NEGATIVE DECLARATION 4b. WAIVER OF CODE REQUIREMENT 4c. CONDITIONAL USE PERMIT NO. 2004-04858 OWNER: John McDonnell, MP Property Partners, 1601 N. Sepulveda Boulevard, Unit 664, Manhattan Beach, CA 90266 AGENT: Edgar Ruiz, 211 South Beach Boulevard, #1, Anaheim, CA 92804 LOCATION: 520 North Brookhurst Street. Property is approximately 1.55 acres, having a frontage of 268 feet on the east side of Brookhurst Street, located 200 feet south of the centerline of Crescent Avenue. Request to permit a church within an existing office building with waiver of minimum number of required parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. PC2004-69 Chairperson Pro Tempore Eastman opened the public hearing. • Greg McCafferty, Principal Planner, introduced Item No. 4. Applicant's Testimony: Approved Approved Granted sr8745gk.doc Edgar Munoz, pastor of the church, #120 520 N. Brookhurst Street, Anaheim, CA, stated that he was present to answer questions. THE PUBL(C HEARING WAS CLOSED. FOI I nWW~ IS A SUMMARY [7F THF_ PLANNING COMMISSION ACTION_ I OPPOSITION: None ACTION: Approved CEQA Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit No. 2004-04858 (to permit a church within an existing office building with waiver of minimum number of required parking spaces); and adoption of the resolution attached to the staff report dated June 28, 2004, including the findings and conditions contained therein. VOTE: 5-0 (Commissioners Flores and Vanderbilt-Linares absent) • Selma Mann, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, July 20, 2004. DISCUSSION TIME: 2 minutes (2:19-2:21) 06-28-04 Page 9 JUNE 28, 2004 PLANNING COMMISSION MINUTES 5a. CEQA NEGATIVE DECLARATION 5b. WAIVER OF CODE REQUIREMENT 5c. CONDITIONAL USE PERMIT NO. 2004-04861 OWNER: 230 West Colchester, CALP, c/o Chris DiRiggiero, P.O. 8ox 304, Hermosa Beach, CA 90254 AGENT: Joseph Curd, Curd, Gallindo and Smith, LLP, 301 East Ocean Boulevard, #460, Long Beach, CA 90802 LOCATION: 2230 West Colchester Drive. Property is approximately 0.87-acre, located at the southeast corner of Colchester Drive and Colony Street. Request to permit and retain two existing churches, a narcotics anonymous meeting half, and to estabiish land use conformity with the City's zoning code requirements for an existing non-conforming commercial retail center with waiver of minimum number of parking spaces. CONDITIONAL USE PERMIT RESOLUTION NO. Continued to July 26, 2004 sr5100jr.doc Chairperson Pro Tempore Eastman stated that prior to the afternoon session a last minute request for • continuance until July 26, 2004 had been submitted, buf as discussion on the project had taken place in the morning session it needed to become a part of the public record. Greg McCafferty, Principal Planner, introduced Item No. 5. Commissioner Bostwick stated that he did not feel it appropriate to reward a new approval to a property in violation and in need of clean up. Mr. McCafferty stated staff thought it best to bring the applicant forward so that the Commission could inform them that the things they have been doing without permits are not acceptable. Commissioner Buffa stated that one of the questions she would have for the City Attorney when the hearing was continued on July 26, 2004, would be the need to better understand the impact of the court decisions on what leeway the Commission would have in its decision making process. Mark Gordon, Deputy City Attorney, stated that he would look into the matter and see if there were any actions taken by the Superior Court that may place restrictions on the Commission and any future action it might consider taking. Chairperson Pro Tempore Eastman asked if the center was under a Conditional Use Permit for all of its uses. Mr. McCafferty responded only for the uses described in paragraph 2 of the staff report dated June 28, 2004. ~ 06-28-04 Page 10 JUNE 28, 2004 PLANNING COMMISSION MINUTES OPPOSITION: None ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner Buffa and MOTION CARRIED (Commissioners Flores and Vanderbilt-Linares absent), to continue the subject request to the July 26, 2004, Planning Commission meeting as requested by the petitioner due to a scheduling conflict. VOTE: 5-0 (Commissioners Flores and Vanderbilt-Linares absent) DISCUSSION TIME: 7 minutes (2:22-2:29) ~ C~ 06-28-04 Page 11 JUNE 28, 2004 PLANNING COMMISSION MINUTES 6a. CEQA NEGATIVE DECLARATION 6b. CONDITIONAL USE PERMIT NO. 2004-04852 OWNER: Cedar Mountain, LLC, 110 East Walnut Avenue, Fullerton, CA 92835 AGENT: Leon Alexander, Briggs and Alexander, 558 South Harbor Boulevard, Anaheim, CA 92805 LOCATION: 2916 West Lincoln Avenue. Property is approximately 0.7-acre, having a frontage of 89 feet on the south side of Lincoln Avenue, located 315 east of the centerline of Laxore Street (EI Calor Restaurant). Request to permit a public dance hall. CONDITIONAL USE PERMIT RESOLUTION NO. \ J • OPPOSITION: None Continued to July 12, 2004 sr8740av.doc ACTION: Commissioner Bostwick offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioners Flores and Vanderbilt-Linares absent), 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 readvertise this conditional use permit to permit a nightclub. VOTE: 5-0 (Commissioners Flores and Vanderbilt-Linares absent) DISCUSSION TIME: This item was not discussed. 06-28-04 Page 12 JUNE 28, 2004 • PLANNING COMMISSION MINUTES Fellow Commissioners and staff thanked Commissioner Bostwick for his service and indicated he has been an asset to the City. Commissioner Bostwick thanked staff for their help and support and stated he has enjoyed his service as a Planning Commissioner. MEETING ADJOURNED AT 2:30 P.M. TO MONDAY, JULY 12, 2004 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. ~ • Resp ctfully submitted: ~ `"G~~~~~ Pat Chan ler Senior Secretary Received and approved by the Planning Commission on , 2004. 06-28-04 Page 13