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Minutes-PC 2004/09/20~ ~ ~~p,~ErM c~C o`` r o ~ ~ ~ ~ ~ ~ ~o~ ~~ Y~,~ \ DED~ CITY OF ANAHEIM Planning Commission Minutes Mondav, September 20, 2004 ~ Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRMAN: GAIL EASTMAN Commissioners Present: KELLY BUFFA, CECILIA FLORES, JERRY O'CONNELL, DAVID ROMERO, JAMES VANDERBILT-LINARES, PAT VELASQUEZ Commissioners Absent: NONE Staff Present: Mark Gordon, Deputy City Attorney Greg Hastings, Planning Services Manager Greg McCafferty, Principal Planner Sergeant Michael Lozeau, Vice Detail Susan Kim, Associate Planner Alfred Yalda, Principal Transportation Planner James Ling, Associate Civil Engineer Elly Morris, Senior Secretary Pat Chandler, Senior Secretary Danielle Masciel, Word Processing Operator Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 10:30 a.m. on Friday, September 17, 2004, inside the display case located in the foyer of the Council Chambers, and also in the outside display kiosk. Published: Anaheim Bulletin Newspaper on Thursday, August 26, 2004 • Call To Order Planning Commission Morning Session 11:00 A.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the September 20, 2004 agenda ~ Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 1:30 P.M. For record keepinq purposes, if you wish to make a statement reqardinq anv item on the ~enda, p/ease complete a speaker card in advance and submit it to the secretar~ • Pledge Of Allegiance: Commissioner Buffa • Public Comments • Consent Calendar • Public Hearing Items • Adjournment You may leave a message for the Planning Commission using the following e-mail address: planninqcommissionCa~anaheim.net H:\DOCS\CLERICAL\MI NUTES~AC092004. DOC SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES • Anaheim Planning Commission Agenda -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 Pianning Commission or pubiic comments on agenda items with the exception of pubiic hearing items. Consent Calendar: The Report and Recommendation items 1-A through 1-E 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. ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRlED, for approval of Consent Calendar items (1-C through 1-E; Commissioner Buffa abstained from Item 1-D) as recommended by staff. UNANIMOUSLY APPROVED. Consent Calendar Items (1-A and 1-B) were removed from the Consent Calendar for separate discussion. Reaorts and Recommendations ~ A. (a) The Anaheim Resort Specific Plan Master EIR No. 313 2004 Approved Validation Report - Request For Review And Approval: (Vote: 7-0) Agent: City of Anaheim, Planning Department, 200 S. Anaheim Boulevard, Anaheim, CA 92805 Location: Located generally west of the Interstate 5(I-5) corridor, south of Vermont Avenue, east of Walnut Street, and north of Chapman Avenue. Requests to approve the 2004 Validation Report to allow the continued use of the Anaheim Resort Specific Plan Master EIR No. 313 along with the associated Mitigation Monitoring Program No. 0085, as the environmental documentation required by California Environmental Quality Act (CEQA) and the State CEQA Guidelines for projects within the Anaheim Resort Specific Plan No. 92-2 area. Environmental Impact Report No. PC2004-104 (This item was pulled from the Consent Calendar for separate sr8791 fj.doc discussion.) Commissioner Vanderbilt-Linares asked for clarification regarding the procedures used for preparation of updating an EIR. He spoke regarding the issue of fireworks and asked if it would only focus on new uses that are requested following the approved EIR No. 313. s Linda Johnson, Principal Planner, stated the Master EIR Validation Report focuses on Master EIR No. 313 which was certified in 1994 in conjunction with the approval of The Anaheim Resorts Specific Plan, therefore, it only focuses on what was entitled through the Specific Plan and The Anaheim Resort 09-20-04 Page 2 SEP~'EMBER 20, 2004 PLANNING COMMISSION MINUTES • Specific P~an did not include any of the Disneyland Resort Specific Plan property. She explained the subject EIR/Specific Plan does not relate to the fireworks which currently occur at Disneyland. Commissioner Vanderbilt-Linares referred to "other noise sources" in the section and asked when it refers to activities on the Disneyland properties, if it is just for information purposes and not as an area that the ~ subject EIR is concerned with. Mrs. Johnson responded that is correct. ACTION: Commissioner Vanderbilt-Linares offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED, that the Anaheim City Planning Commission does hereby recommend approval to the City Council of The Anaheim Resort Specific Plan 2004 Validation Report for Master E1R No. 313. DISCUSSION: 3 minutes (1:34-1:37) • i 09-20-04 Page 3 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES • B. (a) CEQA Neqative Declaration (Previouslv-Approved) Approved (b) Conditional Use Permit No. 3414 Approved (7rackinq_No. CUP2004-048891 (Vote: 7-0) Agent: Stan Swede, California Marquee, 430 South Varney, Burbank, CA 91502 Location: 5635 East La Palma Avenue -(Cinema City Theaters) Requests amendment of elevation pfans to install neon lighting on a previously-approved movie theater complex. (This item was pulled from the Consent Calendar for separate sr8787av.doc discussion.) Greg McCafferty, Principal Pianner, introduced Item No. 1-B and stated there was discussion at today's morning session regarding whether the raceways that are associated with the neon tubing would be exposed. He indicated that the Code does not address that specifically, therefore, if it is a concern of the Planning Commission then he would suggest that they require as a stipulation on the plans submitted for building permits, that the raceways be non-exposed raceways on the bui~ding. Commissioner Buffa stated adding neon lighting to the tower would not be an aesthetic enhancement, but it is private property and she believes they have the right to do that if they choose. She is concerned • about the raceways being exposed on the tower and does understand that on a biock wall it is not practical to put the electrical wiring inside the building, but on the tower she believes they could. Therefore, she suggested at least on the tower element that the electrical wiring for the raceways be incorporated into the structure and not visible from the outside. Applicant's Statement: Stan Swede, 5635 E. La Palma Avenue, Anaheim, stated he is the contractor for California Marquee representing Cinema City. He clarified that the proposed neon lighting would be placed in channel raceways; the electrical transformers and wiring would all be hidden behind the wall. The sole purpose of the channel is used to protect the neon. Commissioner Buffa thanked the applicant for the clarification and stated she thought they were talking about raceways to get to the neon lighting. ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Flores 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 Buffa offered a motion, seconded by Commissioner Flores and MOTION CARRIED, that the Anaheim City Planning Commission does hereby determine that installation of neon lighting on the south, east and tower elevations for a previously-approved movie theater complex is in substantial conformance with previously-approved exhibits. • DISCUSSION: 5 minutes (1:40-1:45) 09-20-04 Page 4 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES • C. (a) Environmental Impact Report No. 189 - Addendum To Koll Anaheim Center (Previouslv-Certified) (b) Final Site Plan No. 2004-00006 - Request For Review And Approval Of Final Plans For Construction Of A Planned Mixed Use Development On Parcels A=1 - A-3 Within The Downtown Mixed Use Overlav Zone (c) Review And Recommendation Of Conceptual Plans For Parcels A-3 and D Agent: Anaheim Redevelopment Agency, Elisa Stipkovich, 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805 Location: Parcels A-1 -A-3 within Downtown Anaheim Requests review and approval of final site, floor, parking elevation, roof-mounted equipment, and pedestrian and vehicle circulation plans to allow for construction of a new Planned Mixed Use Development (Parcels A1-A3) in Downtown Anaheim. Request review and recommendation to the Anaheim Redevelopment Agency of basic concept drawings for a Planned Mixed Use Development for Parcels A3 and D within Downtown Anaheim. ACTION: Commissioner O'Connell offered a motion, seconded by • Commissioner Flores and MOTION CARRIED, that the Anaheim City Planning Commission does hereby determine that the previously-certified Environmental Impact Report No. 189 - Addendum To Koll Anaheim Center is adequate to serve as the required environmental documentation for subject request. Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRIED, that the Anaheim City Planning Commission does hereby approve the Final Site Plan No. 2004-00006 (as shown on Final Plan Nos. 1 through 27 on file in the Planning Department) for Parcels A1, A2, and A3, based upon a finding that the Final Plans are in conformance with the DMU Overlay Design Guidelines as noted in paragraph no. (33) of the staff reported dated September 20, 2004. Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRIED, that the Anaheim City Planning Commission does hereby recommend to the Anaheim Redevelopment Agency approval of basic concept plans to develop a Planned Mixed Use Development for Parcels A3 and D within Downtown Anaheim. • Approved Approved Approved (Vote: 7-0) sr2162ds.doc 09-20-04 Page 5 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES • L ~ • D. Receiving and approving the Minutes from the Planning Commission Meeting of September 8, 2004 (Motion) ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner Buffa abstained), that the Anaheim City Ptanning Commission does hereby receive and approve the minutes for the Planning Commission meeting of September 8, 2004. Approved (Vote: 6-0, Commissioner Buffa abstained since she was absent for the meeting) E. Receiving and approving revised supplemental detailed Minutes for Item No. 3, Conditional Use Permit No. 2004-04857, from the Planning Commission Meeting of August 23, 2004, scheduled to be heard as a public hearing item before City Council on Tuesday, September 21, 2004. (Motion) ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Fiores and MOTION CARRIED, that the Anaheim City Planning Commission does hereby receive and approve the revised supplemental detailed minutes for Item No. 3, Conditional Use Permit No. 2004-04857, from the Planning Commission Meeting of August 23, 2004. Approved (Vote: 7-0) 09-20-04 Page 6 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES ~ . Public Hearina Items: 2a. CEQA Nepative Declaration Approved 2b. Waiver Of Code Requirement Approved 2c. Conditional Use Permit No. 2004-04876 (Readvertised) Granted Owner: Canyon Plaza, LLC. 503 32"d Street, Suite 200, Newport Beach, CA 92663 Agent: Jack Jakosky, 503 32"d Street, Suite 200, Newport Beach, CA 92663 Location: 5747 East Santa Ana Canvon Road. Property is approximately 15 acres, located at the northeast corner of Santa Ana Canyon Road and Imperial Highway. Request to construct a freestanding building consisting of five (5) commercial retail tenant spaces (previously-advertised for three (3) commercial retail tenant spaces), roof-mounted equipment and outdoor dining area in conjunction with an existing commercial retail center with waiver of minimum number of parking spaces. Continued from the August 23, 2004, Planning Commission Meeting. Conditional Use Permit Resolution No. PC2004-105 sr5114jr.doc Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 2. Applicant's Statement: Jack Jakosky, 503 32"d Street, #200, Newport Beach, stated he is the managing partner for Canyon Plaza Shopping Center. They reviewed the staff report's findings and recommendations and are in agreement. Commissioner Buffa referred to the landscape plans pertaining to the service door on the south side of the building and stated she believes there is a sidewalk there which leads you around to the trash area; and she pointed out that on the elevation drawings it appears that there is a trellis structure attached to the building which are labeled "vine treflis". The one vine trellis shown on the elevation is in a designated planter area but two of them look as they are above the sidewalk and she asked if vines are to be installed on those trellises. • Mr. Jakosky responded there would be vines on the trellises. Commissioner Buffa asked if there would be some sort of "cut out" on the walkway. Mr. Jakosky was in agreement. Commissioner Romero asked the applicant if they have considered how many tenant spaces they are interested in (three or five}. Mr. Jakosky responded currently it is still undetermined but believes there would be less tenants rather than more but expressed that he feels three tenant spaces would be too constricting. THE PUBLIC HEARING WAS CLOSED. 09-20-04 Page 7 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES • • • ~ ~- • ~ • • ~ • OPPOSITION: None ACTION: Approved CEQA Negative Declaration Approved Waiver of Code Requirement pertaining to minimum number of parking spaces. Granted Conditional Use Permit No. 2004-04876 (to construct a freestanding building consisting of five (5) commerciai retail tenant spaces (previously-advertised for three (3) commerciai retail tenant spaces), roof-mounted equipment and outdoor dining area in conjunction with an existing commercial retail center; and adoption of the resolution attached to the staff report dated September 20, 2004, including the findings and conditions contained therein. VOTE: 7-0 Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 4 minutes (1:50-1:54) ~ • 09-20-04 Page 8 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES • ~ 3a. CEQA Neqative Declaration Approved 3b. Waiver of Code Requirement Approved 3c. Conditionai Use Permit No. 2871 Granted (Tracking No. CUP2004-04872) Owner: Connelly S. Cornelia, 2323 West Broadway, Anaheim, CA 92804 Agent: Ron Sorenson, HGA Inc., 1613 Santa Clara Drive, Roseville, CA 95661 Location: 2323 West Broadwav. Property is approximately 6.5 acres, having a frontage of 454 feet on the north side of Broadway, located 860 feet east of the centerline of Gilbert Street (Cornelia Connelly High School). Request to construct a new gymnasium in conjunction with an existing private educational institution with waiver of maximum structural height adjacent to a residential zone boundary. Continued from the August 9 and August 23, 2004, Planning Commission Meetings. Conditional Use Permit Resolution No. PC2004-106 sr5115jr.doc Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 3 and he read into the record changes to the conditions of approval in the draft resolution including the addition of two conditions. ApplicanYs Statement: Ron Sorenson, HGA Inc., 1613 Santa Clara Drive, Roseville, stated he is the applicant and is representing Cornelia Connelly High School. The schoo~ is hoping to build a gymnasium complex typical for any high school campus and the building would consist of a competition gymnasium with basketball and volleyball with CIF guidelines for high school athletics. It also consists of the accessory uses such as shower rooms, snack area for prepackaged goods; art room, small training room and a foyer are attached to the proposed building, and public/staff restrooms. They would need the height of the gym because it's a competition gymnasium, and there would be no HBAC units on the high portion but would be in wells on the lower portion of the building. He further spoke giving additional information regarding the gymnasium's walls, property lines and the required four entrance/exits. ~ THE PUBLIC HEARING WAS CLOSED. Commissioner Vanderbilt-Linares referred to the thickness of the walls being 8-inch concrete and asked if it is going to be on all of the walls. Mr. Sorenson explained that it would be on the four walls of the gymnasium, and the accessory units are standard construction. Commissioner Vanderbilt-Linares referred to the doors that would be kept closed and asked if there is any special installation or sound abatement efforts for those doors. 09-20-04 Page 9 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES • Mr. Sorenson responded the doors woultl be aluminum, storefront type system with dual glazing and there is a very high sound transmission coefficient related to the doors. The doors would be glass for natural lighting purposes as they don't have windows or skylights in the gymnasium for a number of reasons, one being security. He indicated there should be little, if any, sound transmission through the doors. He further explained there would be an insulated ceiling as the installation would be on the interior of the roof. They have acoustical sound treatment inside the building because it would possibly be used for assemblies and he stated there would not be echoing throughout the interior of the building. Mr. McCafferty stated they have one additional condition of approval to be added and he read the condition into the record. Mr. Sorenson stated he concurs with all the conditions and indicated they have a lot of Heritage trees and are maintaining as many as possible. Commissioner Vanderbilt-Linares asked if the basketball activities that occurred outside would be inside the proposed gymnasium. Mr. Sorenson responded he feels they may still utilize the exterior courts. Commissioner Vanderbilt-Linares asked if he would be eliminating the use of the outside courts during the day. Mr. Sorenson clarified that the exterior courts would be eliminated. • Commissioner Vanderbilt-Linares indicated that would be some reduction during the daytime. Mr. Sorenson agreed. Mr. McCafferty stated he would like to add an additional finding, and pointed out that in calculating the parking demand for the entire site the assumption were that the gymnasium would be accessory to the school campus and would be used as part of the school campus, therefore, staff did not double count parking associated with that and wanted to make clear in the findings that that was the basis for not requiring additional parking or parking waiver. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Approved CEQA Negative Declaration Approved Waiver of Code Requirement Granted Conditional Use Permit No. 2871 (Tracking No. CUP2004-04872) to construct a new gymnasium in conjunction with an existing private educational institution; and adoption of the resolution attached to the staff report dated September 20, 2004, including the findings and conditions contained therein with the following modifications: Modified Condition Nos. 6, 27 and 28 to read as follows: • 6. That the property owner shall install and maintain decorative wrought iron gates between the proposed gymnasium and the north and east property lines to secure the rear and side yard areas adjacent to the new building. Said information shall be specifically shown on plans submitted for building permits. 09-20-04 Page 10 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES • 27. That prior to issuance of a building permit for the first tenant space or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 4, 5, 6, 7, 8, 10, 11, 12, 13, 17, 18, 19, 20, 21, 22, and 24, above- mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Chapter 18.60 of the Anaheim Municipal Code. 28. That prior to final building and zoning inspections, Condition Nos. 9, a-9, 14 and 26, above-mentioned, shall be complied with. Added the following conditions of approval to read as foilows: That doors facing the residential area to the north and east shail remain closed at all times but unlocked for emergency access. The only church activities that shall occur on the property are those that are accessory to the private high school. That prior to issuance of a building permit, the applicant shail pay a sewer impact mitigation fee for the combined West Anaheim area. The fee is currently $52/$1,000 square feet of gross floor area. VOTE: 7-0 Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights. • DISClfSS10N T1ME: 9 minutes (1:55-2:04) r 09-20-04 Page 11 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES • 4a. CEQA Neqative Declaration Continued to 4b. Waiver Of Code Requirement November 1, 2004 4c. Conditional Use Permit No. 2004-04861 Owner: 230 West Colchester, CALP, c/o Chris DiRiggiero, P.O. Box 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 hall, and to establish 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. Continued from the June 28, July 26 and August 9, 2004, Planning Commission Meetings. Conditional Use Permit Resolution No. sr5116jr.doc • • • ~ ~- • ~ • • ~ • OPPOSITION: None ACTION: Commissioner Flores offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED, to continue the subject request to the November 1, 2004, Pianning Commission meeting as requested by the petitioner. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. • 09-20-04 Page 12 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES • 5a. CEQA Mitiqated Neaative Declaration (Readvertised) Continued to 5b. Reclassification No. 2003-00109 October 4, 2004 5c. Variance No. 2004-04626 5d. Tentative Tract Map No. 16545 Owner: Red Curb Investments, P.O. Box 995, Torrance, CA 90508 Agent: Thomas Hartley, 29462 Thackery Drive, Laguna Niguel, CA 92677 Location: Property is approximately 53 acres, having a frontage of 190 feet at the terminus of Avenida de Santiago, located 260 feet west of the centerline of Pointe Premier (No address). Reclassification No. 2003-00109 - Request reclassification of the property from the T(SC)(Transition; Scenic Corridor Overlay), formerly the RS-A-43,000(SC) (Residential/Agriculturai; Scenic Corridor Overiay) zone to the RH-2(SC) (Single-Family Hillside Residential; Scenic Corridor Overlay) and OS (SC) (Open Space; Scenic Corridor Overlay) zones. Variance No. 2004-04626 - Request waiver of required private street standards to construct a private residentia{ street without sidewaiks. Tentative Tract Map No. 16545 - Request to establish a 28-lot, 21-unit detached single-family subdivision. • Continued from the August 9 and September 8, 2004, Planning Commission Meetings. Reclassification Resolution No. Variance Resolution No. sr8792av.doc OPPOSITION: None ACTION: Commissioner O'Conneil offered a motion, seconded by Commissioner Flores and MOTION CARRIED, to continue the subject request to the October 4, 2004, Planning Commission meeting as requested by the petitioner. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. • 09-20-04 Page 13 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES • • 6a. CEQA Mitiqated Neqative Declaration (Previouslv-Approved) Approved 6b. Waiver Of Code Requirement Approved 6c. Conditional Use Permit No. 2004-04881 Granted (Tracking No. CUP2004-04912) Owner: Adoif P. Miller, 1859 North Random Drive, Anaheim, CA 92804 Elisa Stipkovich, 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805 Agent: Jerry Zomorodian, 301 South Anaheim Boulevard, Anaheim, CA 92805 Location: 315-327 South Anaheim Boulevard. Property is approximately 0.54-acre, located at the northwest corner of Elm Street and Anaheim Boulevard. Request to remodel an existing historical building and to establish a commercial retail center with an accessory auto detailing facility with waivers of: (a) minimum landscaped and structurai setback adjacent to an arterial highway and (b) permitted type of sign. Continued from the September 8, 2004, Planning Commission Meeting. Conditional Use Permit Resolution No. PC2004-107 sr2159ds.doc Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 6 and he read into the record changes to the conditions of approval in the draft resolution including the addition of two conditions. ApplicanYs Statement: Richard Solberg, 201 E. Center Street, Anaheim, stated he is the architect and representative for the applicant Mr. Jerry Zomorodian. THE PUBLIC HEARING WAS CLOSED. Commissioner Flores asked for clarification regarding the proposed signage and asked the applicant if a sign is to be added or does it already exist. Jerry Zomorodian, 301 S. Anaheim Blvd., Anaheim, stated he is the managing partner of the West Coast National Investment. He thanked all staff involved and is very gratefui for their assistance. There is a section on the site where they have the detail center which is connected to the adjacent existing carwash which is why he requested a sign in order for the customer to be able to recognize that area and that it is part of the gas station and carwash next door, not the historical building that they are going to preserve. Commissioner O'Connell asked if the sign is above the detail area. ~ Mr. Zomorodian responded yes, they are not going to have any employee in that area so they want to ensure that the customer knows where their car is. 09-20-04 Page 14 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES • Commissioner Buffa asked staff if the Commission deletes Condition No. 3 and a sign was accommodated, how would that sign plan come back to the City and what would be the approvai process. Mr. McCafferty responded there are two options, you would entrust Planning and Community Development staff to do that for the Commission or you would require the applicant to bring it back as a Cansent Calendar item. Chairman Eastman asked if the proposed signage would be in the same level of design as the other bui~dings in order for it not to look like a temporary sign. Mr. Solberg responded it would be the same level of design. Greg Hastings, Planning Services Manager, read into the record changes to the draft resolution including two additional conditions of approval. Chairman Eastman thanked the applicant and architect on their willingness to work with the representatives from the Historic Preservation Committee. Mr. McCafferty referred to the detailing structure and asked the Commission for direction regarding how much signage and what type of signage could be there in order for staff to be clear as they work with the applicant. Chairman Eastman pointed out that the exhibits presented indicates a sign over each one of the proposed retail establishments and that it would be very minimal because the intent is to clarify the establishments to their customers. She suggested that the signage be consistent with the signage on the historic building. • Mr. Hastings stated the intent is to not create a sign that would be visible particularly to Anaheim Boulevard but for the patrons on the property itself and it is staff's understanding that it be directed to on- site visibility only. Further discussion took place amongst Mr. Solberg, Mr. Zomorodian and Planning Commission regarding signage; Commissioner Velasquez stated she believes that they are all in agreement that the sign is needed and it must be visible but it doesn't have to be visible from the street but visible to the patrons on the property. Mr. Zomorodian asked how could he have a sign that is not visible from the street but is visible to the customers. Mr. McCafferty explained that he feels they could work with the applicant in order to come up with something and also meet the Commission's intent. If they disagree, the applicant has the option to come back to the Planning Commission requesting a larger sign through the Consent Calendar portion of the agenda. Mr. Zomorodian stated the other purpose is to distinguish that part from the other historical building section, and he feels confident that staff will work with them. He referred to Condition No. 9 and asked if it is mandatory for him to have a burglar alarm. Mr. McCafferty responded no but if they install an alarm system the application would be required, as the Police Department would want the ability to call them in case of a false alarm. • • ~ •- • ~ • • ~ • OPPOSITION: None • IN GENERAL: A letter was received from the applicant requesting that signage be allowed on the detail structure. 09-20-04 Page 15 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES ~ ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Romero and MOTION CARRIED, that the Anaheim City Planning Commission does hereby determine that the previously-approved Mitigated Negative Declaration is adequate to serve as the required environmental documentation for subject request. Approved Waiver of Code Requirement Granted Conditional Use Permit No. 2004-04881 to remodel an existing historical building and to establish a commercial retail center with an accessory auto detailing facility and adoption of the resolution attached to the staff report dated September 20, 2004, including the findings and conditions contained therein, with the following modifications: Modified Condition Nos. 1, 9, 14, 29 and 30 to read as follows: 1. That the auto detailing facility shall be operated and maintained as an accessory facility to the service station north of the subject property. That no use other than auto detailing shali be permitted on the property other than that portion of the property designated for auto detailing. That the applicant shall submit a parking plan for the adjacent property to the north. 9. That a Burglar/Robbery Alarm permit appiication, Form APD 515 shall be obtained and completed from the Anaheim Police Department if an alarm is installed on the property. • 14. That a detailed landscape plan for the entire site shall be submitted to the Planning and Community Development Departments indicating type, size and location of existing and proposed landscaping and irrigation for review and approval by the Planning Department. Any decision by staff regarding said plan may be appealed to the Planning Commission as a Reports and Recommendation item. Once approved, the landscaping shall be installed within sixty (60) days of plan approval and maintained in accordance with the plan. The landscape plan shall indicate the following: • That an on-site landscaping and irrigation system shall be provided/refurbished and maintained in compliance with City standards. • That the front landscaped setback area adjacent to Anaheim Boulevard shall be planted and irrigated with a minimum of ~ir~e (~j five (5) 24-inch box evergreen trees, shrubs (minimum size of 5-gallon) to provide screening of the parking area from public view and groundcover. • That parking lot trees (minimum of twelve (12), 24-inch box trees) shall be planted within the parking lot landscape planters. 29. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 5, 6, 7, 8, 9, 10, 12, 14, 17, 22 and 24, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. • 30. That prior to final building and zoning inspections Condition Nos. ~; a-8, ~, 26, ~, and 28 above-mentioned, shall be complied with. 09-20-04 Page 16 SEPTEMBER 20, 2004 PLANNING COMMISSIOW MINUTES • Added the following conditions of approval to read as follows: That the auto detailing facility shall be operated and maintained as an accessory facility to the service station north of the subject property. That the applicant shall comply with all applicable mitigation measures of the Mitigated Negative Declaration prepared for the South Anaheim Boulevard Overlay Zone. That the applicant shail compiy with the Anaheim Colony Historic Preservation Plan and the U.S. Secretary of Interior Historic Standards for the structure. That final sign pians for the detail structure shall be submitted to the Planning and Community Development Departments for review and approval. Said plans shall be designed such that the signage is visible to customers when on the property. Any decisions regarding the signage may be appealed to the Planning Commission as a Reports and Recommendation item. Deleted Condition No. 3. VOTE: 6-0 (Commissioner O'Connell rescinded his AYES vote and recorded an abstention.) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights. • DISCUSSION T{ME: 29 minutes (2:06-2:35) • 09-20-04 Page 17 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES ~ C J • 7a. CEQA Neqative Declaration (Previouslv-Approved) Approved 7b. Conditional Use Permit No. 2000-04277 Approved reinstatement (Tracking No. CUP2004-04888) for 3 years (to expire on November 19, 2007) Owner: Gock Joey Jung, 433 Vicki Lane, Anaheim, CA 92804 Agent: Jimmy Nguyen, P.O. Box 15751, Newport Beach, CA 92659 Location: 420-504 South Brookhurst Street. Property is approximately 1.5 acres, having a frontage of 205 Feet on the east side of Brookhurst Street, located 492 feet north of the centerline of Orange Avenue (Seafood Place Restaurant). Request for reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on November 19, 2002 to expire November 19, 2004) to retain a banquet hall with service but no sales of alcoholic beverages for on-premises consumption. Conditional Use Permit Resolution No. PC2004-108 sr8786gk.doc Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 7 and he read into the record changes to the conditions of approval in the draft resolution. ApplicanYs Statement: Jonathan Hua, 420 S. Brookhurst Street, Anaheim, stated he is speaking on behalf of his father. They have hired a landscaping crew to clean up the trees and plants and it has been completed. Chairman Eastman asked if they have them on a regular basis. Mr. Hua responded yes, they recently hired a new landscaping company because the previous company was not pulling out the weeds. The bushes and trees have been replaced. Chairman Eastman asked if their watering system is adequate to sprinkle all the areas that are landscaped. Mr. Hua responded yes, the owner waters the trees on a weekly basis. THE PUBLIC HEARING WAS CLOSED. Mr. Hua indicated they are planning to remodel the restaurant but is currently trying to get estimates before bringing it before the Commission. Commissioner Romero asked how often do they have events. Mr. Hua responded once or twice a week, and they ensure security staff is present and he is also there every weekend to ensure there are no conflicts between their business as well as the neighbors. 09-20-04 Page 18 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES • Commissioner Flores asked if they have any intentions to change the sign from Seafood Place to something else. Mr. Hua responded no, he asked staff if they decide to open 7-days a week with a buffet(restaurant on Monday through Thursday, what procedures wouid be necessary. Commissioner Vanderbilt-Linares pointed out they have to take into account that there are constitutional issues with respect to what the applicant wants to put on his sign, he doesn't believe there is a way to regulate it. Mr. McCafferty stated a restaurant is a permitted use for the building and the hours of operations are limited as indicated in Condition No. 6. He pointed out that the only caution is if the intent is to operate the banquet facility at the same time that the restaurant was approved then it may be problematic because of the number of parking spaces that would be required to service that, but if it is simply to be complementary and during off times they would use the restaurant for buffets then that would be fine. OPPOSITION: None ACTION: Commissioner Velasquez 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 this request. • Approved the request for reinstatement of Conditional Use Permit No. 2000-04277 (Tracking No. CUP2004-04888) to retain a banquet hall with service but no sales of alcoholic beverages for on-premises consumption for a period of three years to expire on November 19, 2007; and adoption of the resolution attached to the staff report dated September 20, 2004, including the findings and conditions contained therein, with the following modifications: Modified Condition No. 25 to read as follows: 25. That Code Enforcement shall inspect the property on a~iar~r~~a~4 semi-annual basis for the period of three years. Said inspections shall be paid for by the property owner. Added the following condition to read as follows: That within ninety (90) days from the date of this resolution, the building shall be refurbished as necessary, including paint and repairing the torn awning, or plans shall be submitted indicating proposed renovations to the building. Deleted Condition No. 13. VO7E: 7-0 Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights. • DISCUSSION TIME: 10 minutes (2:36-2:46) 09-20-04 Page 19 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES u 8a. CEQA Neqative Declaration lPreviouslv-Approved) 8b. Conditional Use Permit No. 2090 (Tracking No. CUP2004-04890) Owner: AOUN, 558 South Harbor Boulevard, #100, Anaheim, CA 92805 Agent: Tony Garcia, 1160 North Kraemer Boulevard, Anaheim, CA 92806 Location: 1160 North Kraemer Boulevard. Property is approximately 0.9-acre, having a frontage of 175 feet on the east side of Kraemer Boulevard, located 242 feet south of the centerline of Coronado Street (Xalos Restaurant). Request for reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on September 8, 2003 to expire August 27, 2004) to retain accessory public entertainment in conjunction with a previously-approved restaurant with sales of alcoholic beverages for on-premises consumption and to amend previousiy-approved exhibits and conditions of approval pertaining to the patio area. ~ Conditional Use Permit Resolutian No. PC2004-109 Chairman Eastman opened the public hearing. Approved Approved reinstatement for 1 year (to expire on August 27, 2005) sr8784av.doc Greg McCafferty, Principal Planner, introduced Item No. 8 and he read into the record the addition of three conditions of approval to the draft resolution. ApplicanYs Statement: Tony Garcia, 1160 N. Kraemer Blvd., Anaheim, stated he is one of the two owners of the business and they have been operating the business for 18 months. They are requesting a 5-year extension because that is what their lease is for, however, they do understand the police concerns and he feels they have so many calls because their security is proactive and they try to keep the peace. • He spoke regarding the issue of the patio's wall height and stated they heightened the wall to 6 feet because he feels it is safer for their customers and in order to eliminate anyone from trying to sneak a weapon over the wall. Chairman Eastman asked if they are willing to reduce the wall height. Mr. Garcia responded yes, if it is required. He indicated they have plenty of security guards each weekend and they cover all the entrance doors but even though there is a security guard in the patio they were not comfortable with the previous rail fence as someone could sneak something over the wall. THE PUBLIC HEARING WAS CLOSED. Commissioner Velasquez asked the applicant what is the main business at the facility. Mr. Garcia responded it is a restaurant/nightclub. Commissioner Velasquez asked if it is open 7 days a week. 09-20-04 Page 20 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES • Mr. Garcia responded that the main business is a restaurant and the nightclub/entertainment occurs only on Friday and Saturday night. Commissioner Velasquez expressed her concerns regarding the number of police calis and she asked what actions are being taken to minimize the calls and to ensure the clients are safe. Mr. Garcia responded they have 10 security guards on Saturday and their main concern is to ensure that minors are not drinking and to ensure there are no weapons brought into the facility. He reiterated they have so many calls because he feels their security guards are very proactive and when someone has to leave the facility the security may possibly call the police if additional probiems arise. They do have meetings with their security guards to follow-up with them on any police calls and they usualfy have a good reason for the call. Commissioner Velasquez stated they just want to ensure that the appiicant complies with all of the required codes by the City and to obtain necessary permits when needed. Commissioner Buffa pointed out they are concerned about the block wall for safety and visibility reasons. Further discussion took place amongst the applicant and Commission regarding concerns of the biock wall in the patio area. Commissioner O'Connell asked if drinking is allowed in the patio area. Mr. Garcia responded no, food and beverages are not allowed and a security guard does monitor that. Commissioner O'Connell asked if minors are allowed in the nightciub. • Mr. Garcia responded yes, 18 and over. Commissioner O'Connell asked staff if that is allowed. Mr. McCafferty responded he wasn't sure and would need to check with ABC (Aicoholic Beverage Control) to see if there are any restrictions after a certain time but he stated the Planning Commission has permitted the use as it is mainly a restaurant which has public entertainment which may compare to a Black Angus restaurant with a cocktail lounge. Commissioner Romero pointed out that the prior business had a history of problems and the subject facility is much better than it use to be but the patio visibility is necessary for safety reasons. He feels additional progress needs to be made and agrees with a one-year extension rather than a longer extension. Mr. McCafferty verified if it is a Type 47 license it is a nightclub type license and is restricted to 21 years and over. Commissioner O'Connell asked the applicant what type of license they have. Mr. Garcia responded a Type 47 license. Mr. McCafferty stated with regard to licenses, years ago there wasn't the communication that the City and ABC now have. They may have been, on a State level, granting the license without considering the land use approval which no longer happens that way, now when someone requests an alcohol license then there is a process in which the applicant has to go through to ensure that the land use approval and the type of license that they are now requesting is consistent. The facility has been there for a very long time • and originally operated as a restaurant and then sort of a nightclub. It has been through so many owners that it may be a situation where the license has been there a very long time. 09-20-04 Page 21 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES • Mark Gordon, Deputy City Attorney, stated the restaurant is a permitted use at the location and the reason the matter is before the Commission is because the applicant intends to provide public entertainment for which a conditional use permit is required. He further spoke regarding the dance hall permit issued by the Business License Division and gave information with regard to that permit. Mr. McCafferty verified that the conditional use permit, public entertainment portion expired on August 27, 2004. Chairman Eastman asked the applicant if he understands the information just given by staff. Mr. Garcia responded somewhat. Chairman Eastman stated following the meeting staff would be able to further assist him with any clarifications necessary in order to ensure he understands the procedures necessary for his business and that he works to be in compliance with the City. Mr. Garcia was in agreement. Mr. McCafferty stated Planner Amy Vasquez is present in the Council Chambers and would be able to further assist him. Commissioner Velasquez stated she is happy to see Mr. Garcia's willingness to make things right and suggested modifying Condition No. 31. Mr. Morgan stated he verified with the Business License Division and indicated the public dance hall permit was issued February 3, 2003 and a subject renewal annually with the Business License, therefore, when the business license is renewed it automatically renews the public dance hall permit and there is no • additional steps after the public hearing today to follow up on, unless a letter is received stating otherwise. • • • ~- • ~ • • • ~ OPPOSITION: None ACTfON: Commissioner Velasquez offered a motion, seconded by Commissioner Flores 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 this request. Approved the request for reinstatement of Conditional Use Permit No. 2090 (Tracking No. CUP2004-04890) to retain accessory public entertainment in conjunction with a previously-approved restaurant with sales of alcoholic beverages for on-premises consumption and to amend previously-approved exhibits and conditions of approval pertaining to the patio area (patio modifications not approved) for a period of one year to expire August 27, 2005; and adoption of the resolution attached to the staff report dated September 20, 2004, including the findings and conditions contained therein, with the following modifications: Modified Condition No. 31 to read as follows: 31. That within sixty (60) days plans shall be submitted to the Building Division and permits obtained for the unpermitted modification to the interior of the restaurant. • Added the following conditions to read as follows: That no happy hour-type or reduced price promotion shal! be permitted at any time. 09-20-04 Page 22 SEPTEMBER 20, 2004 PLANNING COMMISSlON MINUTES • That one security officer shall be posted in the patio area at all times. That the petitioner shall not share any profits or pay any percentage or commission to a promoter or any other person based upon the monies collected as a door charge, cover charge or any other charge, including the sale of drinks. VOTE: 7-0 Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights. DISCUSSfON TIME: 32 minutes (2:47-3:19) u ~ 09-20-04 Page 23 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES • • 9a. CEQA Neqative Declaration Approved 9b. Waiver Of Code Requirement Approved 9c. Conditional Use Permit No. 2004-04885 Granted Owner: Tao Nguyen, Christian Vietnamese District, 314 South Brookhurst Street, Anaheim, CA 92801 Agent: Tuan Pham, 18010 Sky Park Circle, Suite 100, Irvine, CA 92614 Location: 314 South Brookhurst Street. Property is approximately 0.85-acre, having a frontage of 130 feet on the east side of Brookhurst Street, located 188 feet south of the centerline of Broadway. Request to permit a church and missionary training school within an existing two-story office building with waiver of minimum number of parking spaces. Conditional Use Permit Resolution No. PC2004-110 sr3083ey.doc Chairman Eastman opened the public hearing. Greg McCafferty, Principai Planner, introduced Item No. 9. ApplicanYs Statement: Tuan Pham, 18010 Sky Park Circle, Suite 100, Irvine, stated he is the representative on behalf of the Alliance Evangelical School and they would like to expand their services to the subject facility. Public Testimony: Patrick Shemet, 312 S. Archer Street, Anaheim, stated he lives adjacent to the subject property. He is concerned that the parking will overflow onto Archer Street. Currently there are two residential recovery homes in the neighborhood and parking is currently a problem. He also addressed a concern regarding proposed busing at 9 p.m. ApplicanYs Rebuttal: Mr. Pham stated the maximum number of people is 167, in addition to that they have a facility currently on Lincoln Avenue and that facility does accommodate quite a few additional parking spaces off of the particular area. Regarding the busing issue, if the individual is dropped off at the facility they would need to get a means of transportation back to where they originally parked, therefore, they would be bused back or share carpool to the other parking location. He stated Mr. Shemet has a very valid concern and they would like to work with staff in order to accommodate the concerns. Commissioner Buffa referred to the missionary training facility and she asked if the training is at the same time that the sanctuary is being used. Tai Nguyen, Pastor, 2275 Lincoln Avenue, Anaheim, stated he is the CEO of the church and indicated training is during the evening on weekdays. • Commissioner Buffa asked if the sanctuary is primarily utilized during the day. 09-20-04 Page 24 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES • Mr. Nguyen responded yes. Commissioner Buffa referred to the different uses and clarified that everyone is not present at the same time. Mr. Nguyen was in agreement and stated the congregation is on the weekends. Mr. McCafferty stated if the congregation is 146 he doesn't believe they all arrive for one service, as there are at least two services on the weekends. THE PUBLIC HEARING WAS CLOSED. Mr. Pham stated the facility only has one entrance/exit to the assembly space and there is no additional entrance point other than the front entrance from Brookhurst Street. Commissioner Flores referred to the parking issue and she asked if the subject request could be restricted for one year. Mr. McCafferty responded that would not be the recommendation by staff but is up to the Planning Commission. Commissioner Buffa stated if there are any problems someone could then cali the City's Code Enforcement Division and register a code enforcement complaint. Mr. McCafferty referred to page 4 of the draft resolution and read into the record modifications to the conditions of approval. u OPPOSITION: 1 person spoke in opposition of the subject request. ACTION: Approved CEQA Negative Deciaration Approved Waiver of Code Requirement pertaining to minimum number of parking spaces. Granted Conditional Use Permit No. 2004-04885 (to permit a church and missionary training school within an existing two-story office building); and adoption of the resolution attached to the staff report dated September 20, 2004, including the findings and conditions contained therein. VOTE: 5-1 (Commissioner Vanderbilt-Linares absent; Commissioner Flores voted no, citing parking concerns) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 13 minutes (3:20-3:33) • (Commissioner Vanderbilt-Linares left the meeting at approximately 3:19 p.m.) 09-20-04 Page 25 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES • • • 10a. CEQA Neqative Declaration Approved 10b. Conditional Use Permit No. 2004-04886 Granted Owner: Southern California Edison Company, Attn: Robert Teran, 2131 Walnut Grove Avenue, Rosemead, CA 91770 Agent: Cindy Leinhart, Compass Technology Service, 27 Orchard, Suite 200, Lake Forrest, CA 92630 Location: Property is approximately 24 acres, having a frontage of 471 feet on the south side of Santa Ana Canyon Road, located 120 feet west of the centerline of Festival Drive (SCE Easement - No Address). Request to permit a cellular telecommunication facility on an existing Edison lattice tower with accessory ground-mounted equipment. Conditional Use Permit Resolution No. PC2004-111 sr8773dh.doc Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 10 and read into the record changes to the conditions of approval in the draft resolution including the deletion of Condition Nos. 14 and 15. ApplicanYs Statement: Cindy Leinart, 27 Orchard, #200, Lake Forest, CA, stated she is representing Verizon Wireless and asked for clarification regarding the number of sectors and panel antennas because on the proposal they indicated 3 sectors with 3 panel antennas. Mr. McCafferty was in agreement of the 3 panel antennas per sector. Ms. Leinart referred to the block wall and asked if they were to install a wrought iron fence around the equipment. Mr. McCafferty responded yes and it is on the exhibits. The discussion with the Planning Commission was since the equipment would not be seen by any points of view that there is not a need for any landscaping, and since there is no water there it would be difficult to irrigate. Public Testimony: Cherie McCracken (no address given) spoke regarding issues unrelated to the subject request and she gave information pertaining to matters that were not in the jurisdiction of the Planning Commission. Chairman Eastman asked Ms. McCracken to confine the matters to the subject request because the matter is not relevant to the request. Mark Gordon, Deputy City Attorney, stated that Ms. McCracken's comments are not within the jurisdiction of the Planning Commission. THE PUBLIC HEARING WAS CLOSED. 09-20-04 Page 26 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES • • • ~ ~- • ~ • • ~ • OPPOSITION: 1 person spoke in opposition of the subject request (Ms. McCracken), ACTION: Approved CEQA Negative Declaration Granted Conditional Use Permit No. 2004-04886 to permit a cellular telecommunication facility on an existing Edison lattice tower with accessory ground-mounted equipment; and adoption of the resolution attached to the staff report dated September 20, 2004, including the findings and conditions contained therein, with the following modifications: Modified Condition Nos. 2, and 6 to read as foilows: 2. That the telecommunications facility shall be limited to f°°*'^ h°'^~«, ~~~°*~ 3 sectors consisting of 2 panel antennas per sector at a height of 39 feet on the lattice tower with dimensions of 5'/2 feet in length by 8 inches in width a-~ by 2 inches t#isl~ flush-mounted on the existing tower; and a 24-inch ~+~:- microwave dish at a height of ~6 50 feet on the tower, and accessory ground- mounted equipment. Said information shall be specifically shown on plans submitted for buiiding permits. No additional antennas or equipment cabinets sha11 be permitted without the approval of the Planning Commission. 6. That the cable connecting the equipment shail be underground and shall not be visible to the public and shall be specifically shown on plans submitted for building • permits. Deleted Cond'+tion Nos. 14 and 15. VOTE: 6-0 (Commissioner Vanderbilt-Linares absent) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 6 minutes (3:34-3:40) • 09-20-04 Page 27 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES • 11a. CEQA Neqative Declaration Continued to 11 b. Waiver Of Code Reauirement October 18, 2004 11c. Conditional Use Permit No. 2004-04883 Owner: Slagie Properties A Partners, 912 Via De Angeles, San Clemente, CA 92672 Agent: Rudy Trejo, 1521 East Lincoln Avenue, Anaheim, CA 92805 Location: 1521 East Lincoln Avenue. Property is approximately 0.15-acre, located at the northeast corner of Lincoln Avenue and Larch Street. Request to retain a church within an existing single-family residence with waivers of: (a) minimum setback for institutional uses abutting a residential zone boundary, and (b) minimum number of parking spaces. Conditional Use Permit Resolution No. sr8774dh.doc Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 11. ApplicanYs Statement: u Rudy Trejo, pastor of the church, 1521 E. Lincoln Avenue, Anaheim, he spoke regarding the parking issue and stated they have 7 parking spaces on site but some of the adjacent buildings including an apartment complex and are owned by Slagle Properties, therefore, they are requesting approval of the request since those properties/parking spaces are owned by the same owner of the subject request. They have submitted a letter to staff, which is giving them permission to utilize the 10 parking spaces of the adjacent building. He stated they have been at the facility for a short time and it is a transition/starter building and there are only 10 members but do plan on searching for another building and would not exceed the capacity of the building. Commissioner O'Connell interjected and stated he didn't realize that the subject property was on Slagle Properties; and he has received funds from the Slagle Families in his race for City Council, therefore, he abstained from the item. THE PUBLIC HEARING WAS CLOSED. Commissioner Buffa stated one of the concerns the City has had, historically, with church sites where a variance is needed for parking is that they have an agreement from the adjacent property owner that says they could share the parking on the site, not with the tenants, therefore the concern is whether the owner agrees with it and would be willing to enter into an agreement that is in a form approved by the City and it is recorded against the property. Roger Slagle, 1619 E. Lincoln Avenue, Anaheim, responded they are willing to do that. Chairman Eastman asked how many extra parking places they actually have that is available. • Mr. McCafferty responded per the Code, no, because all they have before them is the site plan that is in question. 09-20-04 Page 28 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES Chairman Eastman suggested continuing the item in order to get things in place because as it stands • they don't have much of a choice as far as the land use. She asked the owner if he was aware of the property being used as a residence. Mr. Slagie responded yes. Chairman Eastman asked if he realized that it is not allowed by Code. Mr. Slagle responded no, he didn't think it mattered. Chairman Eastman stated at today's morning session they were informed that the Code for that particular zoning does not allow for both the residence and a business to operate at the same time. Mr. McCafferty was in agreement, and stated it has already been converted to office use through a prior conditional use permit and that is what needs to remain and that zone does not permit caretaker's quarters. Chairman Eastman stated that is another issue that the owner may need to work out with the people leasing the property; she suggested a continuance of the item. Mr. Slagle was in agreement. Commissioner Flores referred to the parking issue and asked staff to elaborate on how they would calculate the parking. Mr. McCafferty stated he could read from the Code. • Commissioner Buffa suggested that the owner, applicant and staff ineet in order to work out the details of what is required. After action was taken: Mr. Trejo referred to the business across the street, the Palm Reader, and stated they live there and he asked if there is a difference in Code as far as the necessary license in order to live there and also to conduct their business. Mr. McCafferty stated they would need to look into the individual circumstance but the fact is that this is already converted to commercial occupancy and that is what needs to remain, it cannot be both. Chairman Eastman suggested that they work with staff in order for them to have a ciear understanding. Mr. Trejo spoke regarding the parking and stated there was a site plan and it shows the parking as it is today. • • ~ ~ - • ~ • ~ ~ • OPPOSITION: None ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Velasquez (Commissioner O'Connell abstained; Commissioner Vanderbilt-Linares absent) and MOTION CARRIED, to continue the subject request to the October 18, 2004, Planning Commission meeting to allow the petitioner time to work with staff and the owner of the property regarding securing potential off-site parking for the proposed church. VOTE: 5-0 (Commissioner O'Connell abstained due to receiving funds from the Slagle family for • his campaign; Commissioner Vanderbilt-Linares absent) DISCUSSION TIME: 11 minutes (3:40-3:51) 09-20-04 Page 29 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES • 12a. CEQA Environmental Impact Report No. 330 (Previouslv-Certified) 12b. Miscellaneous Case No. 2004-00087 12c. Zoninq Code Amendment No. 2004-00035 Agent: City of Anaheim, Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805 Location: Approximately 820 acres generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west and the Southern California Edison Company right-of-way on the north, and known as "The Platinum Triangle". Miscellaneous Case No. 2004-00087 - City-initiated (Planning Department) request to rescind two P{anning Commission Resolutions: Resolution No. PC2004-80 (a resolution of the Anaheim City Planning Commission recommending that the City Council rescind the resolution of intent to the Sports Entertainment (SE) Overlay Zone) (Resolution No. PC2000-14) (Miscellaneous Case No. 2004-00082) and Resolution No. PC2000-14 (a resolution of intent to reclassify certain properties within the Anaheim Stadium Area to the Sports Entertainment (SE) Overlay Zone) (Reclassification No. 99-00-15). • Zoning Code Amendment No. 2004-00035 - City-initiated (Planning Department) request to amend various sections of Title 18 (Zoning) af the Anaheim Municipal Code to replace references to the Anaheim Stadium Area and the Sports Entertainment (SE) Overlay Zone with The Platinum Triangle and the Platinum Triangle Mixed Use (PTMU) Overlay Zone and provide consistency between Title 18 and The Platinum Triangle Master Land Use Plan. Miscellaneous Case No. 2004-00087 Resolution No. PC2004-112 • Chairman Eastman opened the public hearing. Susan Kim, Associate Planner, introduced Item No. 12. THE PUBLIC HEARING WAS CLOSED. Approved Granted Approved sr8777sk.doc FOLLOWING 1S A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner Buffa offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Velasquez temporarily absent and Commissioner Vanderbilt-Linares absent), that as lead agency for the Proposed Actions, based upon its independent review of the Initial Study prepared in connection with the Proposed Actions (Miscellaneous Case No. 2004-00087 and Zoning Code Amendment No. 2004- 00035) and analysis whether the Proposed Actions may cause any additional significant effect on the environment which was not previously examined in FEIR No. 330, and associated mitigation monitoring plans, find and determine, based upon said Initial Study and the evidence received at the public hearing, that no additional significant effect will result from the proposal, no new mitigation measures or alternatives are required, and that the Proposed Actions are within the Scope of FEIR No. 330, and that the 09-20-04 Page 30 SEPTEMBER 20, 2004 PLANNING COMMISSION MINU7ES previously-certified Final EIR No. 330 and the Updated and Modified Mitigation • Monitoring Program No. 106 for The Platinum Triangle are in compliance with CEQA and the State and City CEQA Guidelines and are adequate to serve as the required environmental documentation for the Proposed Actions and satisfy ali of the requirements of CEQA; and, that no further environmental documentation need be prepared for the Proposed Actions. Moreover, as individual development projects and infrastructure improvements are proposed to implement The Platinum Triangle Master Land Use P~an and the PTMU Overlay Zone, Initial Studies for those projects shall be prepared in compliance with CEQA requirements to determine whether additional environmental documentation will need to be prepared. Granted Resolution No. PC2004-80 (a resolution of the Anaheim City Planning Commission recommending that the City Council rescind the resolution of intent to the Sports Entertainment (SE) Overlay Zone) (Resolution No. PC2000-14) (Miscellaneous Case No. 2004-00082), and Resolution No. PC2000-14 (a resolution of intent to reclassify certain properties within the Anaheim Stadium Area to the Sports Entertainment (SE) Overlay Zone) (Reclassification No. 99-00-15), and adoption of the resolution attached to the staff report dated September 20, 2004, including the findings and conditions contained therein. Recommended City Council adopt the draft ordinance in Attachment C of the September 20, 2004, staff report amending various sections of the Anaheim Municipal Code to replace references to the Anaheim Stadium Area and the Sports Entertainment (SE) Overlay Zone with The Platinum Triangle and the Platinum Triangle Mixed Use (PTMU) Overlay Zone to provide consistency with The Platinum Triangle Master Land Use Plan. • VOTE: 5-0 (Commissioner Velasquez temporarily absent; Commissioner Vanderbilt-Linares absent) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights. DISCUSSION TIME: 5 minutes (3:51-3:56) • 09-20-04 Page 31 SEPTEMBER 20, 2004 PLANNING COMMISSION MINUTES ~ MEETING ADJOURNED AT 3:58 P.M. TO MONDAY, OCTOBER 4, 2004 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. Respectfully submitted: • `ij~~~~ %~ZZv~t,v Eliy Morris Senior Secretary Received and approved by the Planning Commission on ~ C~ o~er /g , 2004. ~ 09-20-04 Page 32