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Minutes-PC 2004/10/18• /O ,~ , V ~, ~HE7~j P~ CITY OF ANAHEIM Planning Commission Minutes Mondav, October 18, 2004 ~ ~~ \~DED c~y _ ~ f~ ~ ~ ~ ~ ~~ ~~'% 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 Mark Asturias, Redevelopment Manager Phyllis Mueller, Neighborhood Development Coord Elaine Yambao, Assistant 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 11:00 a.m. on Friday, October 15, 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 23, 2004 • Call To Order Preliminary Plan Review 1:00 P.M. • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE OCTOBER 18, 2004 AGENDA • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:30 P.M. For record keepinq purposes if you wish to make a statement repardinq anv item on the apenda please complefe a speaker card in advance and submit it to the secretarV. • Pledge Of Allegiance: Commissioner Romero • Public Comments • Consent Calendar • Public Hearing Items • Adjournment You may leave a message for the Planning Commission using the following e-mail address: planninctcommissionC~a.anaheim.net H:\DOCS\CLERICAL\RESOLUTIONWC101804.DOC OCTOBER 18, 2004 PLANNING COMMISSION MINUTES • • ~ Anaheim Planning Commission Agenda - 2:30 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 Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioners Romero and Velasquez abstained on the Minutes), for approval of Consent Calendar Item 1-B and the Minutes as recommended by staff. Consent Calendar Items 1-A and 1-C were removed from the Consent Calendar for separate discussion (Commissioner O'Connell abstained on Items 1-A and 1-C). UNANIMOUSLY APPROVED Reaorts and Recommendations A. (a) CEQA Cateqorical Exemption, Class 32 Concurred with staff (b) Miscellaneous Case No. 2004-00092 Recommended to the Anaheim Redevelopment Agent: Elisa Stipkovich, Anaheim Redevelopment Agency, 201 Agency approval of basic South Anaheim Boulevard, Suite 1003, Anaheim, CA conceptual plans. 92805 Location: No addresses (Vote: 6-0, Commissioner O'Connell abstained) Requests review and recommendation to the Anaheim Redevelopment Agency of basic concept drawings for a 17-unit single-family residential project. (This item was removed from the Consent Calendar for separate discussion.) ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner O'Connell abstained), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of Categorical Exemptions, Class 32 (In-Fill Development Projects), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from fhe requirement to prepare additional environmental documentation. Commissioner Buffa offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner O'Connell abstained), that the Anaheim City Planning Commission does hereby recommend to the Anaheim Redevelopment Agency review and approval of the basic concept plans to develop a 17-unit single-family residential project. Discussion: The Planning Commission discussed enhancement of the side building elevations visible from the street; the appropriateness of a midpoint gate on 10-18-04 Page 2 OCTOBER 18, 2004 PLANNING COMMISSION MINUTES • the private street; no on-street parking; and that the applicant consider other means to deter excessive traffic, such as a narrowed street entrance, private property signage, speed bumps, or a waiver of private street standards. The Commission informed staff that these issues would be raised in greater detail when the project returned to the Commission for entitlement approvals. DISCUSSION: 28 minutes (2:38-3:06) • • sr2165ds.doc 10-18-04 Page 3 OCTOBER 18, 2004 PLANNING COMMISSION MINUTES • B. a Final EIR for the West Anaheim Commercial Corridors ~) Redevelopment Proiect and Addendum and Mitiqation Monitorinq Plan No. 199 (Previouslv-Certified) (b) Conditional Use Permit No. 2002-04603 (Tracking No. CUP2004-04923) (c) Determination of Public Convenience or Necessitv No. 2002-00008 (Tracking No. PCN2004-00017) Agent: Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805 Location: 200-328 North Beach Boulevard and 2951-2961 West Lincoln Avenue. Requests extension of time to comply with conditions of approval for a previously-approved commercial retail center of regional significance. 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 and Addendum for the West Anaheim Commercial Corridors • Redevelopment Project is adequate to serve as the appropriate environmental documentation for this project. Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRIED, that the Anaheim City Planning Commission does hereby approve the request for a two (2) year extension of time to comply with conditions of approval to expire on November 5, 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. (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. 2004-04603 and Pubiic Convenience or Necessity No. 2002-00008. (iv) That the approval remains consistent with the General Plan and the zone district designation for the property. ~ Approved Approved extension of time for 2 years (to expire on November 5, 2006) Approved (Vote: 7-0) sr2164ds.doc 10-18-04 Page 4 OCTOBER 18, 2004 PLANNING COMMISSION MINUTES ~ C. (a) CEQA Neqative Declaration (Previouslv-Approved) Approved (b) Variance No. 2002-04490 Approved (Tracking No. VAR2004-04630) Agent: Bill Dalati, 791 South Brookhurst Street, Anaheim, CA (Vote: 6-0, 92804 Commissioner O'Connell abstained) Location: 852 North West Street. Request for approval to retain the architectural style of the existing residence. (This item was removed from the Consent Calendar for separate discussion.) ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioner O'Connell abstained), 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 Velasquez and MOTION CARRIED (Commissioner O'Connell abstained), that the Anaheim City Planning Commission does hereby declare that the applicant has complied with Condition No. 10 of the resolution attached to the staff report dated October 18, 2004, by exploring options to improve and restore the appearance of the existing residence but chose not to make the changes recommended by Community Development Department, Housing and • Neighborhood Preservation Office. Discussion: George Bingham, the architect, speaking on behalf of Bill Dalati, the applicant, stated concern with the voluminous and costly recommendations, but stated he would be willing to work with the Neighborhood Development Coordinator within reasonable requirements. PhyNis Mueller, Neighborhood Development Coordinator, speaking on behalf of Tom Kupfrian, also a Neighborhood Development Coordinator, concurred with Mr. Kupfrian's recommendations to: (1) remove the stucco from the exterior, (2) restore the original wood siding; (3) remove the side garden window; (4) remove the replacement windows visible from the public right-of-way and; (5) replace the windows and front entry door with period appropriate wood. Commissioners discussed and determined: 1) renovations to a historic home would be expensive, 2) reservations to imposing requirements on a home in a non-historic district, 3) the applicant purchased the house in its existing condition, 4) it would be reasonable for the City to assist the funding for the restoration of the historic home, and 5) The applicant satisfied the requirement of Condition No. 10, Resolution PC2002-49, and the project is covered under a previously-approved CEQA Negative Declaration. ~ D(SCUSSION: 22 minutes (3:07-3:29) sr8803ht.doc 10-18-04 Page 5 OCTOBER 18, 2004 PLANNING COMMISSION MINUTES C J Minutes Receiving and approving the Minutes from the Planning Commission Meeting of September 20, 2004. (Motion) Continued from the October 4, 2004, Planning Commission Meeting. ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRIED, that the Anaheim City Planning Commission does hereby receive and approve the minutes for the Planning Commission meeting of September 20, 2004. Receiving and approving the Minutes from the Planning Commission Meeting of October 4, 2004. • ~ ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Flores and MOTION CARRIED (Commissioners Romero and Velasquez abstained), that the Anaheim City Planning Commission does hereby receive and approve 4he minutes for the Planning Commission meeting of October 4, 2004. Approved (Vote: 7-0) Approved (Vote: 5-0, Commissioners Romero and Velasquez abstained since they were not present for the meeting) 10-18-04 Page 6 OCTOBER 18, 2004 PLANNING COMMISSION MINUTES • Public Hearina Items: 2a. CEQA Neqative Declaration Continued to 2b. Waiver Of Code Requirement November 1, 2004 2c. Conditional Use Permit No. 2004-04883 Owner: Slagle 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. Continued from the September 20, 2004, Planning Commission Meeting. Conditional Use Permit Resolution No. sr8774dha.doc • ~ • ~ ~- • ~ • • ~ • OPPOSITION: None ACTION: Commissioner Romero offered a motion, seconded by Commissioner Flores and MOTION CARRIED, to continue the subject request to the November 1, 2004, Planning Commission meeting in order for staff to determine if adequate parking can be provided. VOTE: 7-0 DISCUSSION TIME: This item was not discussed. ~ 10-18-04 Page 7 OCTOBER 18, 2004 PLANNING COMMISSION MINUTES • 3a. CEQA Cateqorical Exemption - Class 1 3b. Conditional Use Permit No. 2001-04440 (Tracking No. CUP 2004-04911) Owner: James Tsai, 7002 Moody Street, Suite 105, La Palma, CA 90623 Agent: Daniel Hwang, PC Zone, 2626 West Baylor Circle, Suite 213, Anaheim, CA 92801 Irv Pickler, 1818 East Orangethorpe Avenue, Fullerton, CA 92831 Location: 3174 West Lincoln Avenue - Suite 108. Property is approximately 5.7 acres, located south and east of the southeast corner of Lincoln and Western Avenues. Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on September 24, 2001 to expire September 24, 2004) to retain a previously- approved internet cafe within an existing commercial retail center. Conditional Use Permit Resolution No. PC2004-128 Chairman Eastman opened the public hearing. • Greg McCafferty, Principal Planner, introduced Item No. 3. ApplicanYs Statement: Concurred with staff Approved reinstatement with deletion of time limitation sr3085ey.doc Irv Pickler, 2377 West Mall Avenue, Anaheim, CA, representing Daniel Hwang, the owner of PC Zone, 2626 West Baylor Circle, Suite 213, Anaheim, CA, stated that other cyber cafes' in the City are free of time limitations, and since his client has operated his business with very limited problems, they request that the time limitation be eliminated. Additionally, they requested elimination of the requirement to have their windows finted. THE PUBLIC HEARING WAS CLOSED. Commissioner Vanderbilt-Linares stated that three (3) years ago when the applicant's request was heard, it was the first CUP of its kind and a restriction was placed on it as a case study, but since that time the applicant has operated his business with very limited problems and has a track record that cannot be denied, therefore he feels comfortable with a compromise. Mr. McCafferty stated staff recommended the existing tint be removed and replaced with a lighter tint so that Police Officers responding to an emergency would not be at a disadvantage. ' FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. I OPPOSITION: None ~ ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Romero and MOTION CARRIED, that the Anaheim City Planning Commission does hereby concur 10-18-04 Page 8 OCTOBER 18, 2004 PLANNING COMMISSION MINUTES • 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. Approved the request for reinstatement of Conditional Use Permit No. 2001-04440 (Tracking No. CUP2004-04911) to retain a previously-approved internet cafe within an existing commercial retail center without a time limitation; and adoption of the resolution attached to the staff report dated October 18, 2004, including the findings and conditions contained therein, with the following modifications: Modified Condition No. 9 to read as follows: 9. That the existing dark tint on the east side of the tenant space shall be removed ,~ and may be replaced with a lighter tint, and shall not prevent visibility of the interior of the tenant space from outside the premises. Said tint shall be approved by the Anaheim Police Department, Community Services Division. Furthermore, there shall be no other window treatment on the east side of the tenant space. Deleted Condition No. 1 VOTE: 7-0 Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, November 9, 2004. ~ DISCUSSION TIME: 30 minutes (3:30-3:50) trailed (4:43-4:53) This item was discussed and then trailed at 3:50 p.m., in order for staff to research information as requested by the Planning Commission. • 10-18-04 Page 9 OCTOBER 18, 2004 PLANNING COMMISSION MINUTES • 4a. CEQA Neqative Declaration (Previouslv-Approved) 4b, Conditional Use Permit No. 4074 (Tracking No. CUP2004-04915) Owner: Living Stream Ministry, 2431 West La Palma Avenue, Anaheim, CA 92801 Agent: Phil Schwartze, 31682 EI Camino Real, San Juan Capistrano, CA 92675 Location: 2411 - 2461 West La Palma Avenue ~and 1212 North Hubbell Wav. Property is approximately 40.4 acres, located at the northwest corner of La Palma Avenue and Gilbert Street. Request to delete a condition of approval pertaining to a time limitation to retain an adult/career training center. Conditional Use Permit Resolution No. PC2004-123 Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 4. Approved Approved amendment to conditions of approval, with deletion of time limitation sr8800gk.doc Philip Schwartze, 31682 EI Camino Real, San Juan Capistrano, CA, representing American Clear ~ College, stated their presence and concurrence with the staff report dated October 18, 2004. THE PUBLIC HEARING WAS CLOSED. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Romero 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. Approved request to amend Conditional Use Permit No. 4074 (Tracking No. CUP2004- 04915) to retain an adult/career training center without a time limitation; and adoption of the resolution attached to the staff report dated October 18, 2004, including the findings and conditions contained therein. VOTE: 7-0 Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, November 9, 2004. • DISCUSSION TIME: 2 minutes (3:51-3:53) 10-18-04 Page 10 OCTOBER 18, 2004 PLANNING COMMISSION MINUTES • ~ 5a. CEQA Mitigated Neqative Declaration (Previouslv-Approved) Approved 5b. Conditional Use Permit No. 2003-04710 Approved amendment (Tracking No. CUP2004-04913) to conditions of approval Owner: Living Stream Ministry, 2431 West La Palma Avenue, Anaheim, CA 92801 Agent: John Pester, Living Stream Ministry, 2431 West La Palma Avenue, Anaheim, CA 92801 Location: 2411-2461 West La Palma Avenue and 1212 North Hubbell Wav. Property is approximately 40.4 acres, located at the northwest corner of La Palma Avenue and Gilbert Street (Living Stream Ministry). Request to amend or delete conditions of approval pertaining to operational constraints to retain an adult/career training center in conjunction with a teleconference center. Conditional Use Permit Resolution No. PC2004-124 sr8802gk.doc Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 5. ApplicanYs Statement: John Pester, speaking on behalf of Living Stream Ministry, 2431 West La Palma Avenue, Anaheim, CA, stated their presence and concurrence with the staff report dated October 18, 2004. THE PUBLIC HEARING WAS CLOSED. • • ~ ~- • ~ • ~ ~ • OPPOSITION: None ACTION: Commissioner Flores offered a motion, seconded by Commissioner Vanderbilt-Linares 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 request to amend Conditional Use Permit No. 2003-04710 (Tracking No. CUP2004-04913) to retain an adult/career training center in conjunction with a teleconference center; and adoption of the resolution attached to the staff report dated October 18, 2004, including the findings and conditions contained therein. ~ VOTE: 7-0 Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, November 9, 2004. DISCUSSION TIME: 3 minutes (3:54-3:57) 10-18-04 Page 11 OCTOBER 18, 2004 PLANNING COMMISSION MINUTES • 6a. CEQA Neqative Declaration 6b. Waiver of Code Requirement 6c. Conditional Use Permit No. 2004-04907 Owner: Rondeux Investments, LLC, 1515 West Mable Street, Anaheim, CA 92802 Agent: Kenny Zwick, Delta Group, 2362 McGaw Avenue, Irvine, CA 92614-5832 Location: 1515 West Mable Street. Property is approximately 1.9 acres, having a frontage of 461 feet on the north side of Mable Street, located 154 feet north of the centerline of Broadway. Request to permit a telecommunications antenna (disguised as a palm tree) and accessory ground-mounted equipment with waiver of minimum setback adjacent to an interior (rear) property line. Conditional Use Permit Resolution No. PC2004-125 ~ Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 6. Applicant's Statement: Approved Approved Granted for 5 years (to expire on October 18, 2009) sr5120jr.doc Celly Adamo, Zoning Specialist for Delta Groups Engineering, representing Sprint PCS, 2362 McGaw Avenue, Irvine, CA, referred to staff's recommendation that the antenna be limited to 50 feet in height, and proposed that in order to have a more natural looking palm tree they needed an extension of 10 additional feet. THE PUBLIC HEARING WAS CLOSED. Commissioner Vanderbilt-Linares stated the photograph of the proposed palm tree depicts that it is well disguised, and he feels no further architecture is needed. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: None ACTION: Approved CEQA Negative Declaration Approved Waiver of Code Requirement u Granted Conditional Use Permit No. 2004-04907 (to permit a telecommunications antenna (disguised as a palm tree) and accessory ground-mounted equipment) for a period of five (5) years, to expire on October 18, 2009; and adoption of the resolution attached to the staff report dated October 18, 2004, including the findings and conditions contained therein, with the following modifications: Modified Condition Nos. 2, 10 and 20 to read as follows: 10-18-04 Page 12 OCTOBER 18, 2004 PLANNING COMMISSION MINUTES • 2. That the proposed telecommunications €as+A~~ antennas shall be limited to fifty (50) feet in height. The design of the facility shall match the sample of the "palm tree" design as submitted by the petitioner. Final design plans shall be submitted to the Zoning Division for review. No additional or replacement antennas shall be permitted without the approval of the Planning Commission. Said information shall be specifically shown on plans submitted for building permits. 10. That at all times, . , the Operator shall not prevent the City of Anaheim from having adequate spectrum capacity on City's 800 MHz radio frequency. 20. 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, 4, 7, 13, 16, 17 and 18, 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. VOTE: 7-0 Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, November 9, 2004. DISCUSSION TIME: 10 minutes (3:58-4:08) • ~ 10-18-04 Page 13 OCTOBER 18, 2004 PLANNING COMMISSION MINUTES • 7a. CEQA Neqative Declaration 7b. Conditional Use Permit No. 2004-04910 Owner: Anaheim Union School District, P.O. Box 3520, Anaheim, CA 92803 Agent: Kenny Zwick, Delta Group, 2362 McGaw Avenue, Irvine, CA 92614-5832 Location: 1800 West Ball Road. Property is approximately 17.2 acres, located at the southeast corner of Ball Road and Nutwood Street (Trident Adult Center). Request to permit a telecommunications antenna (disguised as a pine tree) with accessory ground-mounted equipment. Conditional Use Permit Resolution No. OPPOSITION: None Continued to November 15, 2004 sr8798dh.doc IN SUPPORT: A person spoke in favor of the subject request (Director of Facilities & Planning for the Anaheim Union High School District) • ACTION: Commissioner Velasquez offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED, to continue the subject request to the November 15, 2004, Planning Commission meeting as requested by the Commission in order for the petitioner and staff to explore alternative installation and/or location options and to correct the photo simulation exhibits. VOTE: 7-0 DISCUSSION TIME: 21 minutes (4:09-4:30) • 10-18-04 Page 14 OCTOBER 18, 2004 PLANNING COMMISSION MINUTES • 8a. CEQA Nepative Declaration Approved 8b. Waiver of Code Requirement Denied 8c. Conditional Use Permit No. 2004-04908 Granted, in part, for 5 years (to expire on Owner: Post #3173, 805 East Sycamore Street, Anaheim, CA October 18, 2009) 92805 Agent: Kenny Zwick, Delta Group, 2362 McGaw Avenue, Irvine, CA 92614-5832 Location: 805 East Svcamore Street. Property is approximately 0.9- acre, having a frontage of 100 feet on the north side of Sycamore Street, located 170 feet west of the centerline of Vine Street (VFW Hall No. 3173). Request to permit a telecommunications antenna (disguised as a flagpole) and accessory ground-mounted equipment with waivers of: (a) minimum setback adjacent to an interior property line, and (b) minimum number of parking spaces. Conditional Use Permit Resolution No. PC2004-126 sr5119jr.doc Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 8. • Applicant's Statement: Jason Kozora, representing Delta Groups for Sprint PCS, 2362 McGaw Avenue, irvine, CA, stated they worked with staff to determine the flag pole design that is similar to AT&T's previously-approved site and agree with the conditions of approval as recommended by staff. THE PUBLIC HEARING WAS CLOSED. • • ~ ~- • ~ • • ~ • OPPOSITION: None ACTION: Approved CEQA Negative Declaration Denied waivers pertaining to (a) minimum setback adjacent to an interior property line, and (b) minimum number of parking spaces since they have been deleted. Granted, in part, Conditional Use Permit No. 2004-04908 (to permit a telecommunications antenna (disguised as a flagpole) and accessory ground-mounted equipment) for a period of five (5) years, to expire on October 18, 2009; and adoption of the resolution attached to the staff report dated October 18, 2004, including the findings and conditions contained therein. VOTE: 7-0 Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, ~ November 9, 2004. DISCUSSION TIME: 5 minutes (4:31-4:36) 10-18-04 Page 15 OCTOBER 18, 2004 PLANNING COMMISSION MINUTES ~ 9a. CEQA Neqative Declaration 9b. Conditional Use Permit No. 2004-04909 Owner: City of Anaheim, P.O. Box 3222, Anaheim, CA 92803 Agent: Kenny Zwick, Delta Group, 2362 McGaw Avenue, Irvine, CA 92614-5832 Location: 2100 South Haster Street. Property is approximately 8.7 acres, located at the southeast corner of Orangewood Avenue and Haster Street (Ponderosa Park). Request to permit a telecommunications facility (disguised as a light pole) with accessory ground mounted equipment. Conditional Use Permit Resolution No. PC2004-127 ~ Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 9. ApplicanYs Statement: Approved Granted for 5 years (to expfre on October 18, 2009) sr8801 dh.doc Jason Kozora, representing Delta Groups for Sprint PCS, 2362 McGaw Avenue, Irvine, CA, stated they worked with staff to come up with the design and agree with all of the conditions of approval. THE PUBLIC HEARING WAS CLOSED. I FOLLOWING IS A Sl1MMARY OF THE PLANNING COMM1551UN AG 1 IUN_ I OPPOSITION: None ACTION: Approved CEQA Negative Declaration Granted Conditional Use Permit No. 2004-04909 (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 18, 2009; and adoption of the resolution attached to the staff report dated October 18, 2004, including the findings and conditions contained therein, with the following modifications: Modified Condition No. 6 to read as follows: That all equipment, including supply cabinets and power meter shall be 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. Furthermore, that clinging vines shall be planted with irrigation adjacent to the equipment enclosure in order to screen the wall and prevent graffiti. C ~ VOTE: 7-0 10-18-04 Page 16 OCTOBER 18, 2004 PLANNING COMMISSION MINUTES ~ Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, November 9, 2004. DISCUSSION TIME: 5 minutes (4:37-4:42) Following this item, Item No. 3 was further discussed since it was trailed. Preliminary Plan Review Discussion Greg McCafferty, Principal Planner, stated that there was discussion at the Preliminary Plan Review regarding changing the time of the public hearing items to 2:00 p.m., and he informed the Commission that it could be possible starting the November 15, 2004, Planning Commission meeting. Chairman Eastman expressed her approval. Greg McCafferty referred to the December 27, 2004, Planning Commission meeting and asked the Commission if there would be a quorum. ~ Chairman Eastman informed staff that there would not be a quorum for December 27, 2004, and that the meeting would be cancelled. Also, she informed that the November 29, 2004, Planning Commission meeting would be cancelled due to no new cases being filed. MEETING ADJOURNED AT 4:54 P.M. TO MONDAY, NOVEMBER 1, 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. 10-18-04 Page 17