Minutes-PC 2004/10/04 (2)• ~~'HE~M ~~ CITY OF ANAHEIM
P lr~ . . .
o~ ~ Planning Commission
~ ~
~ D Minutes
_ ' ~G~~Q~°°~ _ Mondav, October 4, 2004
•
rC~O~ ~~ ~~~ Councii Chamber, City Hall
$ 200 South Anaheim Boulevard, Anaheim, California
~ ~DED 1
CHAIRMAN GAIL EASTMAN
Commissioners Present: KELLY BUFFA, CECILIA FLORES, JERRY O'CONNELL,
JAMES VANDERBILT-LINARES
Commissioners Absent: DAVID ROMERO AND PAT VELASQUEZ
Staff Present:
Mark Gordon, Deputy City Attorney
Greg Hastings, Planning Services Manager
Greg McCafferty, Principal Planner
Natalie Meeks, Civil Engineer
Mark Asturias, Redevelopment Manager
Alfred Yalda, Principal Transportation Planner
James Ling, Associate Civil Engineer
Amy Vasquez, Planner
Elly Morris, Senior Secretary
Danielle Masciel, Word Processing Operator
Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 10:00 a.m. on
Friday, October 1, 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, September 9, 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 OCTOBER 4, 2004 AGENDA
.
• Recess To Afternoon Public Hearing Session
• Reconvene To Public Hearing 1:30 P.M.
For record keepinp purposes if Vou wish to make a statement repardin.q anv item on the
aqenda please complete a speaker card in advance and submit it to the secretarv.
• Pledge Of Allegiance: James Vanderbilt-Linares
• Public Comments
• Consent Calendar
• Public Hearing Items
• Adjournment
You may leave a message for the Planning Commission using the following
e-mail address: planninqcommission cr_anaheim.net
H:\DOCS\CLERICAL\MINUTES~,4C100404.DOC
OCTOBER 4, 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 Planning Commission or public comments on agenda items with the exception of public
hearing items.
Consent Calendar:
The Report and Recommendation items 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.
(The Consent Calendar was acted upon following Item No. 10)
C ~
~~
Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRIED
(Commissioners Buffa, Romero and Velasquez absent), for approval of Consent Calendar Items 1-A and
1-B as recommended by staff. Consent Calendar Item 1-C was continued to the October 18, 2004
Planning Commission meeting due to lack of quorum (Commissioner Vanderbilt-Linares abstained and
Commissioners Buffa, Romero and Velasquez absent). UNANIMOUSLY APPROVED
~. Reaorts and Recommendations
A. (a) CEQA Mitiqated Neqative Declaration (Previously-Approved) Approved
(b) Conditional Use Permit No. 2003-04710 Approved retroactive
(Tracking No. CUP2004-04902) extension of time for
2 years (to expire on
Agent: John Pester, Living Stream Ministry, 2431 West La Palma ~une 16, 2006)
Avenue, Anaheim, CA 92801
(Vote: 4-0,
Location: 2411-2461 West La Palma Avenue and 1212 Commissioners Buffa,
North Hubbell Wav -(Living Stream Ministry) Romero and Velasquez
absent)
Requests retroactive extension of time (approved June 16, 2003;
expired June 16, 2004) to comply with conditions of approval for a
previously-approved teleconferencing center and private
conference/training center
ACTION: Commissioner O'Connell offered a motion, seconded by
Commissioner Flores and MOTION CARRIED (Commissioners Buffa, Romero
and Velasquez absent), 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.
Commissioner O'Connell offered a motion, seconded by Commissioner Flores
and MOTION CARRIED (Commissioners Buffa, Romero and Velasquez
absent), that fhe Anaheim City Planning Commission does hereby approve the
request for a two-year retroactive extension of time to comply with conditions of
approval to expire June 16, 2006, based on the following:
(i) That this is the first request for a time extension and Code
permits a maximum of two requests for extension of time to
comply with conditions of approval.
10-04-04
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OCTOBER 4, 2004
PLANNING COMMISSION MINUTES
• (ii) That the property has been maintained in a safe, clean and
aesthetically pleasing manner with no outstanding code
violations affecting this property.
(iii) That there is no information or changed circumstances which
contradict the facts necessary to support one or more of the
required findings for approval of Conditional Use Permit No.
2004-04710.
(iv) That the approval remains consistent with the General Plan
and the zone district designation for the property. sr8794dh.doc
•
•
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OCTOBER 4, 2004
PLANNING COMMISSION MINUTES
• B. (a) CEQA Cateqorical Exemption - Class 3 Concurred with staff
(b) Conditional Use Permit No. 542 Determined to be in
(Tracking No. CUP2004-04894) substantial conformance
with previously-
Agent: Joseph Columbo, 1100 North Tustin Avenue, Santa Ana, CA approved exhibits.
92705
(To allow the construction
Location: 1759 West Broadway -(Rohthem Presbyterian Church) of accessory classrooms)
Requests substantial conformance with previously-approved exhibits to (Vote: 4-0,
allow the construction of accessory classrooms in conjunction with an Commissioners Buffa,
existing church. Romero and Velasquez
absent)
ACTION: Commissioner O'Connell offered a motion, seconded by
Commissioner Flores and MOTION CARRIED (Commissioners Buffa, Romero
and Velasquez absent), that the Anaheim City Planning Commission does
hereby concur with staff that the proposed project falls within the definition of
Categorical Exemptions, Class 3(New Construction or Conversion of Small
Structures), as defined in the California Environmental Quality Act (CEQA)
Guidelines and is, therefore, categorically exempt from the requirement to
prepare additional environmental documentation.
Commissioner O'Connell offered a motion, seconded by Commissioner Flores
and MOTION CARRIED (Commissioners Buffa, Romero and Velasquez
absent), that the Anaheim City Planning Commission does hereby approve the
request for determination of substantial conformance to amend exhibits to allow
• the construction of accessory classrooms in conjunction with an existing church
based on the finding that the addition would comply with Code and would not
result in an intensification of the existing use because the classrooms are
accessory to the operation of the church. sr5118jr.doc
•
10-04-04
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OCTOBER 4, 2004
PLANNING COMMISSION MINUTES
•
u
C~
C. Receiving and approving the Minutes from the Planning Commission
Meeting of September 20, 2004 (Motion)
Continued to
October 18, 2004, due to
lack of quorum.
(With modification to page 10)
(Commissioner Vanderbilt-
Linares abstained since he
was not present for the entire
meeting and Commissioners
Buffa, Romero and
Velasquez absent)
ACTION: The subject item was continued to the October 18, 2004, Planning Commission meeting due to
lack of quorum (Commissioner Vanderbilt-Linares abstained and Commissioners Buffa, Romero and
Velasquez absent).
10-04-04
Page 5
OCTOBER 4, 2004
PLANNING COMMISSION MINUTES
• Public Hearina Items:
2a. CEQA Neqative Declaration
2b. Waiver Of Code Requirement
2c. Conditional Use Permit No. 2004-04882
W ithdrawn
Owner: Maris E. Vanags, 1510 North State College Boulevard,
Anaheim, CA 92806
Agent: Scott Longhurst, Trillium Telecom, 3010 Old Ranch
Parkway, Suite 210, Seal Beach, CA 90740
Location: 555 North State Colleae Boulevard. Property is
approximately 0.8-acre, located at the southwest corner of
La Palma Avenue and State College Boulevard.
Request to permit a freestanding telecommunications facility (disguised
as a tree) with accessory ground-mounted equipment with waiver of
minimum structural setback.
Continued from the September 8, 2004, Planning Commission Meeting.
Conditional Use Permit Resolution No.
•
C~
sr8766dh(a).doc
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
ACTION: Commissioner Vanderbilt-Linares offered a motion, seconded by Commissioner
O'Connell and MOTION CARRIED (Commissioners Romero and Velasquez absent),
that the Anaheim City Planning Commission does hereby accept the petitioner's request
for withdrawal of Conditional Use Permit No. 2004-04882 since staff and the petitioner
have worked cooperatively on a new design that would integrate the
telecommunications antenna into the architecture of the building thereby eliminating the
need for a conditional use permit.
VOTE: 5-0 (Commissioners Romero and Velasquez absent)
DISCUSSION TIME: This item was not discussed.
10-04-04
Page 6
OCTOBER 4, 2004
P~ANNING COMMISSION MINUTES
• 3a. CEQA Mitiqated Neqative Declaration (Readvertised) Approved
3b. Reclassification No. 2003-00109 Granted
3c. Variance No. 2004-04626 Granted
3d. Tentative Tract Map No. 16545 Approved
Owner: Red Curb Investments, P.O. Box 995, Torrance, CA 90508
Agent: Thomas Hartley, 25971 Arriba Linda, 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/Agricultural; Scenic Corridor Overlay)
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 residential street without sidewalks or
parkways.
Tentative Tract Map No. 16545 - Request to establish a 28-lot, 21-unit
detached single-family subdivision.
~
Continued from the August 9, September 8 and September 20, 2004,
Planning Commission Meetings.
Reclassification Resolution No. PC2004-113
Variance Resolution No. PC2004-114 sr8789av.doc
Chairman Eastman opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 3.
Applicant's Statement:
Thomas Hartley, Ralph Hanson, and Mark McLaty, members of the Santiago Geological Hazard
Abatement District requested to waive the sidewalks and to amend staff's recommended approval.
Additionally, they stated concern with detriment to the system by irrigation or other means.
Natalie Meeks, Civil Engineer of Public Works and Transportation, responded that the City staff did not
recommend allowing a private body the authority to approve the mitigation measure, but recommended
giving them an opportunity to review and comment on the mitigation proposed.
Public Statement:
Robert Zerrenner, Donna Gunther, Susan Tyler, and Susan Sigman residents and property owners of the
project area, stated concerns with stability, pedestrian safety, street condition, emergency vehicle access
(Pegasus Street), increased traffic volume, that the project be performed correctly, and that Commission
• carefully consider the grading and hydrology reports for the area so that their decision would not affect
future homeowners and surrounding neighbors.
10-04-04
Page 7
OCTOBER 4, 2004
PLANNING COMMISSION MINUTES
• ApplicanYs Rebuttal:
Mr. Hanson responded that they have been working on the project for 18 months and have spent
$400,000 in geology reviews and it is not their intent to endanger any of the surrounding communities.
THE PUBLIC HEARING WAS CLOSED.
The Commissioners concurred that the addition of the 21 homes would be an asset to the area and that
GHAD should be able to participate in the grading hearing process as an interested party, but should not
be given authority over a City process.
OPPOSITION: 6 people spoke with concerns and suggestions.
6 letters were received prior to the meeting in opposition/concerns.
ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Buffa and
MOTION CARRIED (Commissioners Romero and Velasquez absent), that the Anaheim
City Planning Commission does hereby determine that the Mitigated Negative
Declaration together with Mitigation Monitoring Plan No. 124 is adequate to serve as the
required environmental documentation for subject request.
Granted Reclassification No. 2003-00109 to reclassify a portion of the property from the
T(SC) (Transition; Scenic Corridor Overlay) formerly the RS-A-43,000 (SC)
(Residential/Agricultural; Scenic Corridor Overlay} zone to the RH-2 (SC) (Single-Family
Hillside Residential; Scenic Corridor Overlay) and OS (SC) (Open Space; Scenic
Corridor Overlay) zones; and adoption of the resolution attached to the staff report dated
• October 4, 2004, including the findings and conditions contained therein.
Granted Variance No. 2004-04626 (to waive the required private street standards to
construct a private residential street without sidewalks); and adoption of the resolution
attached to the staff report dated October 4, 2004, including the findings and conditions
contained therein, with the following modifications:
Added the following condition of approval to read as follows:
That the final site, floor elevation, fencing and landscape plans shall be submitted to the
Planning Services Division for review and approval. Any decision by staff regarding said
plans may be appealed to the Planning Commission as a Reports and
Recommendations item.
Approved Tentative Tract Map No. 16545 (to establish a 28-lot, 21-unit detached single-
family residential subdivision) including the conditions attached to the staff report dated
October 4, 2004.
VOTE: 5-0 (Commissioners Romero and Velasquez absent)
Mark Gordon, Deputy City Attorney, presented the 10-day appeal rights for the tentative tract map ending
at 5:00 p.m. on Thursday, October 14, 2004 and the 22-day appeal rights for the reclassification and
variance ending at 5:00 p.m. on Tuesday, October 26, 2004.
DISCUSSION TIME: 36 minutes (1:45-2:21)
•
10-04-04
Page 8
OCTOBER 4, 2004
PLANNING COMMISSION MINUTES
• 4a. CEQA Neqative Declaration (Readvertised)
4b. Reclassification No. 2004-00118
(Tracking No. RCL2004-00133)
4c. Waiver of Code Requirement
4d Conditional Use Permit No. 2004-04847
(Tracking No. CUP2004-04900)
4e. Tentative Parcel Map No. 2004-177
4f. Review And Recommendation Of Conceptual Plans
Owners: City of Anaheim, Attn: Ron Pickett, 200 South Anaheim
Boulevard, Anaheim, CA 92805
Anaheim Redevelopment Agency, Attn: Elisa Stipkovich,
201 South Anaheim Boulevard, Anaheim, CA 92805
Sherwood G. Oklejas, 215 South Euclid Street, Anaheim,
CA 92802
Orange County Transportation Authority, P.O. Box 14184,
550 South Main Street, Orange, CA 92863-1548
Agent: Leason Pomeroy, LP3, 158 North Glassell, Suite 201,
Orange, CA 92866
Location: 1501 West Lincoln Avenue. Property is an irregularly-
shaped site which consists of multiple parcels with a
• combined area of approximately 3.29 acres, and is
generally located at the northeast corner of Lincoln
Avenue and Loara Street.
Reclassification No. 2004-00118 (Tracking No. RCL2004-00133)-
Request to reclassify the properties from the I(Industrial) zone to the C-
G (Commercial General) zone.
Conditional Use Permit No. 2004-04847 (Tracking No. CUP2004-
04900) - Request to establish an automobile sales dealership with
automotive repair and a freeway-oriented wall sign and to replace an
existing legal nonconforming freestanding (monopole)
telecommunication facility with a temporary telecommunications facility
with waivers of (a) minimum landscaped and structural setback abutting
an arterial highway, (b) minimum landscaped and structural setback
abutting a local street, (c) required improvement of public right-of-way,
(d) minimum number of parking spaces*, (e) minimum distance between
freestanding signs'~, (f) maximum height and size of freeway-oriented
sign and (g) maximum height and size of wall signs.
~Waivers (d) and (e) have been deleted.
Tentative Parcel Map No. 2004-177 - Request to combine eight parcels
and existing right-of-way into one parcel.
Request Planning Commission review and recommendation to the
Anaheim Redevelopment Agency of basic concept drawings for an
~ automotive sales dealership with an automotive repair facility.
Reclassification Resolution No. PC2004-115
Conditional Use Permit Resolution No. PC2004-116
Approved
Granted
Approved, in part
Granted
Approved
Approved
sr2163ds.doc
10-04-04
Page 9
OCTOBER 4, 2004
PLANNING COMMISSION MINUTES
• Chairman Eastman opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 4.
ApplicanYs Statement:
Leason Pomeroy, an architect representing Mr, and Mrs. Woody Ocleus, 158 N. Glasell Street, proposed
ground plan landscaping due to property surrounding the subject building being owned by the State and
managed by the Highway Department with considerable vertical landscaping.
THE PUBLIC HEARING WAS CLOSED.
Commissioner Buffa stated concern that the applicant was relying on City street trees and Caltrans street
trees to provide screening, and with the amount of signage he requested.
Chairman Eastman requested that the item be returned as a Reports and Recommendation Item due to
Commissions' concerns about the aesthetics and how they would impact the City.
OPPOSITION: None
ACTION: Approved CEQA Negative Declaration
• Granted Reclassification No. 2004-00118 (Tracking No. RCL2004-00133) to reclassify the
properties from the I(Industrial) zone to the C-G (Commercial General) zone; and adoption
of the resolution attached to the staff report dated October 4, 2004, including the findings
and conditions contained therein.
Approved, in part, Waiver of Code Requirement, as follows:
Approved waivers pertaining to (a) minimum landscape and structural setback abutting an
arterial highway, (b) minimum landscape and structural setback abutting a local street, and
(c) required improvement of public right-of-way (to allow a 20-foot wide right-of-way width
and sidewalk with tree wells). Vote: 5-0 (Commissioners Romero and Velasquez absent)
Denied waivers pertaining to (d) minimum number of parking spaces, and (e) minimum
distance between freestanding signs since the waivers had been deleted subsequent to
advertisement, Vote: 5-0 (Commissioners Romero and Velasquez absent)
Approved, in part, waiver (f) pertaining to maximum height and size of a freeway-oriented
sign (lefter height not to exceed 6 feet). Vote: 3-2 (Commissioners Buffa and Vanderbilt-Linares
voted no; Commissioners Romero and Velasquez absent)
MOTION: Commissioner O'Connell offered a motion, seconded by Commissioner Flores to
approve, in part, waiver (g) pertaining to maximum height and size of wall signs (letter height
not to exceed 6 feet) and MOTION FAILED TO CARRY, with the following vote:
AYES: Flores, O'Connell
NOES: Buffa, Eastman, Vanderbilt-Linares
ABSENT: Romero, Velasquez
• MOTION: Commissioner Buffa offered an alternate motion, seconded by Commissioner
Vanderbilt-Linares to approve, in part, waiver (g) pertaining to maximum height and size of
10-04-04
Page 10
OCTOBER 4, 2004
PLANNING COMMISSION MINUTES
• wall signs (letter height not to exceed 4 feet) and MOTION CARRIED, with the following
vote:
AYES: Buffa, Eastman, Vanderbilt-Linares
NOES: Flores, O'Connell
ABSENT: Romero, Velasquez
Granted Conditional Use Permit No. 2004-04847 (Tracking No. CUP2004-04900) to
establish an automobile sales dealership with automotive repair and a freeway-oriented wall
sign and to replace an existing legal nonconforming freestanding (monopole)
telecommunication facility with a temporary telecommunications facility; and adoption of the
resolution attached to the staff report dated October 4, 2004, including the findings and
conditions contained therein, with the following modifications:
Modified Condition Nos. 14 and 43 to read as follows:
14. That a final landscape plan for the entire site, indicating type, size and location of
proposed landscaping and irrigation, shall be submitted to the Planning ^°^^~~~~
Services Division for review and approval by the Planning Commission as a
Reports and Recommendations item. Any decision made by the Planning
Department regarding said plan may be appealed to the Planning Commission and/or
City Council.
43. 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. 1, 3, 4, 10, 11, 12, 14,
~ 15, 16, 18, 19, 20 21, 24, 23, 25, 26, 27, 28, 31, 32, ~4, 35, 36, 37, 40 and 41,
above-mentioned, shall be complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
Approved Tentative Parcel Map No. 2004-177 (to combine eight parcels and existing right-
of-way into one parcel) including the conditions attached to the staff report dated October 4,
2004, with the following modifications:
Deleted Condition No. 2
MOTION: Commissioner O'Connell offered a motion, seconded by Commissioner Flores
and MOTION CARRIED (Commissioners Romero and Velasquez absent), that the Anaheim
City Planning Commission does hereby approve the Review and Recommendation of
Conceptual Plans.
VOTE ON CEQA, RCL, CUP & TPM: 5-0 (Commissioners Romero and Velasquez absent)
Mark Gordon, Deputy City Attorney, presented the 10-day appeal rights for the tentative parcel map
ending at 5:00 p.m. on Thursday, October 14, 2004 and the 22-day appeal rights for the reclassification
and conditional use permit ending at 5:00 p.m. on Tuesday, October 26, 2004.
DISCUSSION TIME: 1 hour and 2 minutes (2:22-3:24)
C ~
10-04-04
Page 11
OCTOBER 4, 2004
PLANNING COMMISS(ON MINUTES
•
5a. CEQA Neqative Declaration
5b. Waiver Of Code Requirement
5c. Conditional Use Permit No. 2004-04895
Owner: Real E. Lyons - Gledhill - Kramer, 605 South East Street,
Anaheim, CA 92805
Timothy Wilkinson, 605 South East Street, Anaheim, CA
92805
Agent: Jim Lee, Tetratech, 310 Commerce, lrvine, CA 92602
Location: 601 South East Street. Property is approximately 1.9
acres, located at the southwest corner of Water Street and
East Street.
Request to permit a telecommunication facility (disguised as a light pole)
with accessory ground-mounted equipment with waiver of minimum
structural setback.
Conditional Use Permit Resolution No. PC2004-117
~
Chairman Eastman opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 5.
ApplicanYs Statement:
Approved
Approved
Granted for 5 years
(to expire on
October 4, 2009)
sr8790dh.doc
James Lee, representing Nextel Communications, 310 Commerce, Irvine, CA, requested as long as there
was no public concern or comment, and due to it being in an M-1 zone, to move forward with the slim line
pole versus light standard.
THE PUBLIC HEARING WAS CLOSED.
Commissioners supported the applicanYs request to have a slim line monopole.
~ • ~ ~- • ~ • • ~ ~
OPPOSITION: None
ACTtON: Approved CEQA Negative Declaration
Approved Waiver of Code Requirement
Granted Conditional Use Permit No. 2004-04895 (to permit a telecommunication facility
[disguised as a light pole] with accessory ground-mounted equipment) for a period of
five (5) years, to expire on October 4, 2009; and adoption of the resolution attached to
the staff report dated October 4, 2004, including the findings and conditions contained
therein, with the following modifications:
•
Added the following condition of approval to read as follows:
That plans submitted for building permits shall reflect a slim line monopole design.
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Page 12
OCTOBER 4, 2004
PLANNING COMMISSION MINUTES
• Deleted Condition No. 5
VOTE: 5-0 (Commissioners Romero and Velasquez absent)
Mark Gordon, Deputy City Attorney, presented the 22-day appea! rights ending at 5:00 p.m. on Tuesday,
October 26, 2004.
DISCUSSION TIME: 21 minutes (3:25-3:46)
~
•
10-04-04
Page 13
OCTOBER 4, 2004
PLANNING COMMISSION MINUTES
•
6a. CEQA Neqative Declaration
6b. Conditional Use Permit No. 2004-04896
Owner: EI Bekal Temple Association, 1320 South Sanderson
Avenue, Anaheim, CA 92806
Agent: Jim Lee, Tetratech, 310 Commerce, Irvine, CA 92602
Location: 1320 East Sanderson Avenue, Property is approximately
1.5 acres, located at the southwest corner of Sanderson
Avenue and Phoenix Club Drive.
Request to establish land use conformity with zoning code requirements
for an existing legal nonconforming telecommunication monopole and to
permit the addition of six antennas (2 per sector) to an existing legal non-
conforming telecommunication monopole and to construct an accessory
ground-mounted equipment shelter.
Conditional Use Permit Resolution No. PC2004-118
C J
Chairman Eastman opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 6.
ApplicanYs Statement:
Approved
Granted
(That the co-location of
the additional antennas
is granted for 5 years,
to expire on October 4,
2009)
Sr8788dh.doc
James Lee, representing Nextel Wireless Communications, 310 Commerce, Irvine, CA, asked clarification
for Condition No. 8.
Mr. McCafferty clarified that Nextel could move the antennas up and down on the pole, but could not
increase the overall height of the pole without returning to the Planning Commission for approval.
THE PUBLIC HEARING WAS CLOSED.
~ FOLLOWING IS A SUMMARY OF TNE PLANNING GOMM1551C7N AG I IVN. I
OPPOSITION: None
ACTION: Approved CEQA Negative Declaration
Granted Conditional Use Permit No. 2004-04896 (to establish land use conformity with
zoning code requirements for an existing legal nonconforming telecommunication
monopole and to permit the addition of six antennas (2 per sector) to an existing legal
non-conforming telecommunication monopole and to construct an accessory ground-
mounted equipment shelter) for a period of five (5) years, to expire on October 4, 2009;
and adoption of the resolution attached to the staff report dated October 4, 2004,
including the findings and conditions contained therein, with the fo!lowing modifications:
Modified Condition Nos. 2 and 15 to read as follows:
2. That the co-located telecommunications facility shall be limited to 70 feet in height,
• with 3 sectors consisting of 2 antennas for a maximum number of 6 antennas having
dimensions of 4 feet in height and accessory ground-mounted equipment. Said
information shall be specifically shown on plans submitted for building permits. No
10-04-04
Page 14
OCTOBER 4, 2004
PLANNING COMMISSION MINUTES
• additional antennas or equipment cabinets shall be permitted without the approval of
the Planning Commission, with the exception of the existing antennas currently
located on the pole.
15. 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. 2, 3, 6 and 7,
above-mentioned, shall be complied with. Extensions for further time to complete
said conditions may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
Deleted Condition No. 8
VOTE: 5-0 (Commissioners Romero a,nd Velasquez absent)
Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday,
October 26, 2004.
DISCUSSION TIME: 5 minutes (3:47-3:52)
~
~
10-04-04
Page 15
OCTOBER 4, 2004
PLANNING COMMISSION MINUTES
• 7a. CEQA Neqative Declaration Approved
7b. Conditional Use Permit No. 2004-04897 Granted for 5 years
(to expire on
Owner: City of Anaheim, P.O. Box 3222, Anaheim, CA 92803 October 4, 2009)
Agent: Teri Grisenti, Tetratech, 310 Commerce Drive, Irvine, CA
92602
Location: 2001 West La Palma Avenue. Property is approximately
2.2 acres, located at the northwest corner of La Palma
Avenue and Anaheim Shores Drive (Marshall Park).
Request to permit a telecommunications facility (disguised as a light pole)
with accessory ground-mounted equipment.
Conditional Use Permit Resolution No. PC2004-119 Sr8793dh.doc
Chairman Eastman opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 7.
Applicant's Statement:
• Terri Grisenti, representing Nextel Wireless Communications, 310 Commerce Drive, Irvine, CA, stated
concerns with Condition No. 4.
THE PUBLIC HEARING WAS CLOSED.
Chairman Eastman explained Condition No. 4 did not apply to required signage but that of additional
signage, banners, etc.
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION.
OPPOSITION: None
ACTION: Approved CEQA Negative Declaration
Granted Conditional Use Permit No. 2004-04897 to permit a telecommunications facility
(disguised as a light pole) with accessory ground-mounted equipment for a period of five
(5) years, to expire on October 4, 2009; and adoption of the resolution attached to the
staff report dated October 4, 2004, including the findings and conditions contained
therein, with the following modifications:
Modified Condition Nos. 6 and 15 to read as follows:
6. That all equipment, including supply cabinets and power meter shall be +~alled-e~
screened from public view as required by the Parks
Department and Planning Department. The developer shall obtain a Right of Way
Construction Permit from the Public Works Department for any work within the
public right of way, including but not limited to installation of conduit, cable and
• electrical service lines.
15. That prior to final building and zoning inspections, Condition Nos. 9, 11 and 13
above-mentioned, shall be complied with.
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Page 16
OCTOBER 4, 2004
PLANNING COMMISSION MINUTES
• VOTE: 5-0 Commissioners Romero and Velas uez absent
~ q )
Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday,
October 26, 2004.
DISCUSSION TIME: 5 minutes (3:53-3:58)
~
•
10-04-04
Page 17
OCTOBER 4, 2004
PLANNING COMMISSION MINUTES
•
•
8a. CEQA Neqative Declaration Approved
8b. Waiver Of Code Requirement Approved
8c. Conditional Use Permit No. 2004-04898 Granted
8d. Tentative Tract Map No. 16640 Approved
Owners: Commons Apartments LLC, 425 North Magnolia Avenue,
Anaheim, CA 92801
Brandywine Magnolia Lane, Cottages Group, LLC, Attn:
Bret Whitehead, 1981 East Edinger Avenue, Suite 125,
Santa Ana, CA 92705
Agent: Brandywine Magnolia Lane, Cottages Group, LLC, Attn:
Bret Whitehead, 9981 East Edinger Avenue, Suite 125,
Santa Ana, CA 92705
Location: 425 North Maqnolia Avenue. Property is approximately
9.2 acres, having a frontage of 662 on the west side of
Magnolia Avenue, located 662 feet south of the centerline
of Crescent Avenue.
Conditional Use Permit No. 2004-04898 - Request to construct a 114-
unit attached and detached residential condominium subdivision with
waiver of maximum building wall length.
Tentative Tract Map No. 16640 - To establish a 76-unit attached
condominium and 38-unit detached single-family subdivision.
Conditional Use Permit Resolution No. PC2004-120 sr5117jr.doc
Chairman Eastman opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 8.
ApplicanYs Statement:
~
Donna Chessen of Chessen and Associates, Laguna Woods, CA, stated that Brandywine stated that they
would be demolishing a 15 year old deteriorating apartment building with 128 units and replacing it with
114 new town homes and single-family detached homes for sale.
Robert Woo, Duane Hlavnicka, David Clark, Arah Hurwit, and Esther Wallace, residents and property
owners of the project area stated concern with privacy issues, visibility, drainage system, water well, dust,
and the height of the new wall.
Tony Birge, pastor of Victory Baptist Church and Schools, 227 N. Magnolia Avenue, Anaheim, CA, stated
that the church is the sole owner of the well; it is a separate parcel. Safety is very important to them so
over the years the well has had several upgrades and continual monthly testing.
ApplicanYs Rebuttal:
Bret Whitehead, Brandywine Development, stated having ownership would eliminate trespassing; they
are currently working with engineering on all of the drainage issues; the windows are going to be 6 feet
high; and there would be egress windows on the sides of the houses.
THE PUBLIC HEARING WAS CLOSED
10-04-04
Page 18
OCTOBER 4, 2004
PLANNING COMMISSION MINUTES
• Commissioner Flores asked how removing some of the low-income housing would affect the existing
project.
Mark Asturias, Redevelopment Manager, stated when the Housing Element was adopted, it identified a
surplus of sites that would be appropriate for Housing to meet their needs under their original housing
allocation through the State of California and the General Plan Update kept that surplus in place.
IN SUPPORT
(with concerns): 6 people spoke in favor of the project, but relayed some concerns.
ACTION: Approved CEQA Negative Declaration
Approved Waiver of Code Requirement
Granted Conditional Use Permit No. 2004-04898 (to construct a 114-unit attached and
detached residential condominium subdivision); and adoption of the resolution attached
to the staff report dated October 4, 2004, including the findings and conditions contained
therein, with the following modifications:
Modified Condition Nos. 4, 13 and 31 to read as follows:
4. That final landscape and fencing plans for the subject property shall be submitted
to the Planning Services Division for review and approval. The fencing plan shall
incorporate a six (6) foot high block wall along the north, west, and south
~ property lines. Said plans shall show minimum 24-inch box size evergreen +"~
trees along the west property line (two (2) trees per property), and the extension of
the entryway decorative pavement treatment to the intersection of the first private
street. The landscape plan shall reflect a meandering private pedestrian access
way as reflected on Exhibit 1 and a three (3) foot high berm along Magnolia
Avenue within the street setback area. Any decision made by the Planning
Services Division regarding said plan may be appealed to the Planning
Commission and/or City Council. All trees shall be properly and professionally
maintained by the homeowners association to ensure m^~~healthy growth.
13. That the property owner/developer shall install street lights on ~sel~ Magnolia
Avenue in their ultimate location as required by the Electrical Engineering
Division. A bond for the installation of the streetlights shall be posted with the City
of Anaheim prior to issuance of building permits. The streetlights shall be installed
prior to occupancy of the first unit.
31. That no street widening is required along Magnolia Avenue provided the
applicant pay a cash payment in lieu of the widening as determined by the
City Engineer. The applicant shall replace the existing 4-foot wide sidewalk
with a 5-foot wide sidewalk in conformance with Public Works Standard
Details and connect the existing parkway irrigation system with the on-site
irrigation maintained by the property owner/association.
Deleted Condition Nos. 20, 26 and 30
Approved Tentative Tract Map No. 16640 (to establish a 76-unit attached condominium
• and 38-unit detached single-family subdivision) including the conditions attached to the
staff report dated October 4, 2004, with the following modifications:
10-04-04
Page 19
OCTOBER 4, 2004 .
PLANNING COMMISSION MINUTES
• Added the following condition of approval to read as follows:
That prior to recordation of the final map, the existing buildings on the proposed site
shall be demolished. The legal property owner shall obtain a demolition permit from the
Building Division.
VOTE: 4-0 (Commissioner O'Connell abstained, Commissioners Romero and Velasquez
absent)
Mark Gordon, Deputy City Attorney, presented the 10-day appeal rights for the tentative tract map ending
at 5:00 p.m. on Thursday, October 14, 2004 and the 22-day appeal rights for the conditional use permit
ending at 5:00 p.m. on Tuesday, October 26, 2004.
DISCUSSION TIME: 46 minutes (3:59-4:45)
•
•
10-04-04
Page 20
OCTOBER 4, 2004
PLANNING COMMISSION MINUTES
• 9a. CEQA Neqative Declaration (Previouslv-Approved) Approved
9b. Waiver Of Code Requirement Approved
9c. Conditional Use Permit No. 3855 Approved request to
(Tracking No. CUP2004-04899) amend conditions of
approval and exhibits
Owner: PTSHP JAS, 1985 South Santa Cruz Street, Anaheim, CA
92805
Agent: Leon Alexander, Briggs and Alexander, 558 South Harbor
Boulevard, Suite 100, Anaheim, CA 92805
Location: 1985 South Santa Cruz Street. Property is approximately
2.2 acres, located at the northwest corner of Santa Cruz
Street and Stanford Court.
Request to amend or delete conditions of approval and exhibits to permit
indoor recreational and associated sports uses, industrially-related office
and retail uses and the retail sales of tile and flooring with waiver of
minimum number of parking spaces.
Conditiona( Use Permit Resolution No. PC2004-121 Sr8797av.doc
Chairman Eastman opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 9.
~ ApplicanYs Statement:
Leon Alexander of the Law Offices of Briggs & Alexander, along with Jim Shabb, the owner of 1985 South
Santa Cruz Street property, requested to be allowed the opportunity to lease, rent, license or purchase
residual property from the City. Additionally, they requested amendments to Condition Nos. 12, 13, 14,
and 15.
THE PUBLIC HEARING WAS CLOSED.
Mr. McCafferty stated that the matter to lease City property would be under the purview of the City
Council.
Chairman Eastman explained that it is not within Planning Commission's purview to counter actions that
the City Council has decided. She asked staff to detail the items that Commission could not consider as
related to the applicant's request.
FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. ~
OPPOSITION: None
ACTION: Commissioner Vanderbilt-Linares offered a motion, seconded by Commissioner Buffa
and MOTION CARRIED (Commissioner O'Connell abstained, Commissioners Romero
and Velasquez 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.
Approved Waiver of Code Requirement
10-04-04
Page 21
OCTOBER 4, 2004
PLANNING COMMISSION MINUTES
• Approved request to amend Conditional Use Permit No. 3855 (Tracking No. CUP2004-
04899) to amend conditions of approval and exhibits to permit indoor recreational and
associated sport uses, industrially-related office uses and retail, and the retail sales of
tile and flooring; and adoption of the resolution attached to the staff report dated
October 4, 2004, including the findings and conditions contained therein, with the
following modifications:
Modified Condition Nos. 5 and 15 to read as follows:
5. That the parking lot serving the premises shall be equipped with lighting of
sufficient power to illuminate and make easily discernible the appearance and
conduct of all persons on or about the parking lot.
15. That the proposed industrially-related sales and office uses shall be limited to the
following listed uses and that an unsubordinated covenant, reviewed and
approved by the City Attorney's Office so-limiting said uses, shall be recorded in
the Office of the Orange County Recorder, a copy of which shall be submitted to
the Planning Services Division:
•
~
1. Accounting - Bookkeeping, CPA Firms or temporary CPA Firms
2. Advertising
3. Appraisers
4. Brokers - Real Estate, Business Opportunities, Etc.
5. Business System Companies
6. Communication Consultants
7. Computer Analysis Firms
8. Credit Reporting Agencies
9. Designers - Industrial, Interior, Graphic
10. Development Companies
11. Facility Maintenance and Planning
12. Indoor Recreation and Associated Sports Entertainment Uses
13. Industrially Related Retail
14. Insurance Companies/Agencies
15. Inventory Services
16. Leasing Companies
17. Management Consultants/Companies
18. Marketing Research
19. Personnel Agencies
20. Quality Control Analysis
21. Retail Sales of Tile and Flooring
22. Sales Offices (which serve the industrial area)
23. Secretarial and Business Services
24. Any use permitted under Zoning Code Section 18.10.030 "Permitted
Primary Uses and structures," and subject to all conditions of said Section.
25. Warehousing of sports related products with Internet retail sales.
Each individual use shall require the approval of the Planning Services Division
and the City Traffic and Transportation Manager prior to occupancy which
approval shall only be given when it is demonstrated that such use is either one
of the uses listed above, or is determined by staff to be similar in type and
intensity to said uses. The Traffic and Transportation Manager may, at his sole
discretion, require an updated parking study once a specific tenant(s) is known.
Any decision made by staff may be appealed to the Planning Commission as a
`Reports and Recommendations' item.
10-04-04
Page 22
OCTOBER 4, 2004
PLANNING COMMISSION MINUTES
• Added the following condition of approval to read as follows:
That the number of tenant spaces shall be limited to nine (9).
VOTE: 4-0 (Commissioner O'Connell abstained, Commissioners Romero and Velasquez
absent)
Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday,
October 26, 2004.
DISCUSSION TIME: 38 minutes (4:46-5:24)
(Commissioner Buffa left the Council Chambers at 5:24 p.m.)
•
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Page 23
OCTOBER 4, 20Q4
PLANNING COMMISSION MINUTES
• 10a. CEQA Categorical Exemption - Class 1 Concurred with staff
10b. Conditional Use Permit No. 2004-04892 Granted
Owner: Fairmont Plaza Partners, LLC, 4740 Easf Bryson Street,
Anaheim, CA 92807
Agent: Karen Kules, 144 South Fairmont Boulevard, Anaheim, CA
92808
Location: 144 South Fairmont Boulevard. Property is
approximately 2.4 acres, located at the southeast corner of
Santa Ana Canyon Road and Fairmont Boulevard (Array
Spa).
Request to permit accessory massage services within an existing day
spa.
Conditional Use Permit Resolution No. PC2004-122 sr8795av.doc
Chairman Eastman opened the public hearing.
Greg McCafferty, Principal Planner, introduced Item No. 10.
ApplicanYs Statement:
• Dana Robertson, the owner of Array Day Spa, along with Karen Kules, the manager, 144 South Fairmont
Boulevard, Anaheim, CA, requested to expand their business by adding massage services.
THE PUBLIC HEARING WAS CLOSED.
• • ~ ~- • ~ • • ~ •
OPPOSITION: None
ACTION: Commissioner Vanderbilt-Linares offered a motion, seconded by Commissioner Flores
and MOTION CARRIED (Commissioners Buffa, Romero and Velasquez absent), 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.
Granted Conditional Use Permit No. 2004-04892 (to permit accessory massage services
within an existing day spa); and adoption of the resolution attached to the staff report
dated October 4, 2004, including the findings and conditions contained therein.
VOTE: 4-0 (Commissioners Buffa, Romero and Velasquez absent)
Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday,
October 26, 2004.
DISCUSSION TIME: 5 minutes (5:25-5:30)
~ (The Consent Calendar was acted upon following this item.)
10-04-04
Page 24
OCTOBER 4, 2004
PLANNING COMMISSION MINUTES
• 11a. Environmental Impact Report No. 327 Continued to
11b. Waiver Of Code Requirement November 1, 2004
11c. Conditional Use Permit No. 2001-04431
11d. Specimen Tree Removal Permit No. 2002-00001
11e. Miscellaneous No. 2004-00088
Owner: Waddell Foods, 801 North Beach Boulevard, La Habra, CA
90631
Agent: John & Lisa Waddeli, 207 Redrock Street, Anaheim, CA
92807
Location: Property is approximately 29 acres, having a frontage of
1,413 feet on the south side of Santa Ana Canyon Road,
located 983 feet west of the centerline of Festival Drive (No
Address).
Conditional Use Permit No. 2001-04431 - Request to construct a
wedding chapel and banquet facility with on-premises sales and
consumption of alcoholic beverages and roof-mounted equipment with
waivers of (a) maximum building height, (b) required street dedication and
improvement and (c) minimum number of parking spaces.
Specimen Tree Removal Permit No. 2002-00001 - To remove thirty
(30) Oak trees.
Miscellaneous No. 2004-00088 - Amendment to Exhibit No. 7 of the
•
Santa Ana Canyon Road Access Point Study.
Conditional Use Permit Resolution No. Sr8799av.doc
OPPOSITION: None
ACTION: Commissioner Vanderbilt-Linares offered a motion, seconded by Commissioner
O'Connell and MOTION CARRIED (Commissioners Romero and Velasquez absent), to
continue the subject request to the November 1, 2004, Planning Commission meeting as
requested by the petitioner in order to finalize the responses to the comments received
on the environmental document.
VOTE: 5-0 (Commissioners Romero and Velasquez absent)
DISCUSSION TIME: This item was not discussed.
•
10-04-04
Page 25
OCTOBER 4, 2004
PLANNING COMMISSION MINUTES
~
MEETING ADJOURNED AT 5:35 P.M.
TO MONDAY, OCTOBER 18, 2004 AT 1:00 P.M.
FOR PRELIMINARY PLAN REVIEW.
•
•
Respectfully submitted:
~ ~
Pat Chandler,
Senior Secretary
Received and approved by the Planning Commission on , 2004.
10-04-04
Page 26