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Minutes-PC 2004/11/01 (2)n ~o`~ ~~ U I ~~1 E I 1Vj P~ MONDAY, NOVEMBER 1, 2004 • • ~--r,y ~o~ ~ \NDED cy~ r~, ~ ~ ~ D %~ ~$% CITY OF ANAHEIM Planning Commission Minutes Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRMAN: GAIL EASTMAN Commissioners Present: KELLY BUFFA, JERRY O'CONNELL, DAVID ROMERO, JAMES VANDERBILT-LINARES, PAT VELASQUEZ Commissioners Absent: CECILIA FLORES Staff Present: Mark Gordon, Deputy City Attorney Greg Hastings, Planning Services Manager Greg McCafferty, Principal Planner Roger Bennion, Code Enforcement Supervisor 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 29, 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 30, 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 NOVEMBER 1, 2004 AGENDA • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:30 P.M. For record keepinp purposes if vou wish to make a statement reqardinq any item on the apenda please complete a speaker card in advance and submit it to the secretary. • Pledge Of Allegiance: Commissioner Vanderbilt-Linares • Public Comments • Consent Calendar • Public Hearing Items • Adjournment You may leave a message for the Planning Commission using the following e-mai( address: planninqcommission onanaheim.net H:\DOCS\CLERICAL\MINUTESWC110104.DOC NOVEMBER 1, 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 Vanderbilt-Linares offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Flores absent), for approval of Consent Calendar Items (1-B, 1-C and the Planning Commission Minutes of October 4 and 18, 2004) as recommended by staff. Consent Calendar Item (1-A) was removed from the Consent Calendar for separate discussion. UNANIMOUSLY APPROVED Reaorts and Recommendations • A. (a) CEQA Exemption Section 15061 (b)(3) General Rule (b) Zoninq Code Amendment No. 2004-00033 Agent: Sandy D. Sigal, Nemark Merill, 5850 Canoga Avenue, Suite 650, Woodland Hilis, CA 91367 Location: City wide Requests modification of the sign code to permit marquee or electric reader board signs in conjunction with a commercial retail center with a minimum of twenty-five (25) acres in area subject to a Conditional Use Permit. • (This item was pulled from the Consent Calendar for separate discussion.) Greg McCafferty, Principal Planner, introduced Item No. 1-A. Concurred with staff Recommended City Council approval of the draft ordinance (Vote: 6-0, Commissioner Flores absent) sr8775dh.doc Ralf Woebken, 2180 E. Lincoln Avenue, Anaheim, stated he is with Newmark Merrill and is present on behalf of the Anaheim Town Square. They would like the opportunity to be allowed to have a reader board because they exceed the banner requirements since they have many events. Commissioner Vanderbilt-Linares expressed his support of the proposal and stated the conditional use permit would control the use of the sign. Commissioner O'Connell expressed his support of the proposal. Commissioner Velasquez asked the applicant how many events they have yearly. 11-01-04 Page 2 NOVEMBER 1, 2004 PLANNING COMMISSION MINUTES • Mr. Woebken responded there are eight events, plus a monthly kids' craft event that occurs on a Saturday from noon to five. ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner Flores absent), that the Anaheim City Planning Commission does hereby concur with staff that the proposed project falls within the definition of CEQA Exemption Section 15061 (b)(3), as defined in the California Environmental quality Act (CEQA) Guidelines and is, therefore, exempt from the requirements to prepare additional environmental documentation. Commissioner O'Connell offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner Flores absent), that the Anaheim City Planning Commission does hereby recommend to the City Council adoption on the ordinance amending Section 18.44.050 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code pertaining to marquee and electronic reader-board signs to aliow such signs by Conditional Use Permit in conjunction with a commercial retail center with a minimum of twenty-five (25) acres in area. DISCUSSION TIME: 5 minutes (2:38-2:43) • ~ 11-01-04 Page 3 NOVEMBER 1, 2004 PLANNING COMMISSION MINUTES • B. (a) CEQA Neqative Declaration (Previouslv-Approved) Approved (b) Conditional Use Permit No. 2004-04856 Approved Final Plans (Tracking No. CUP2004-04893) (Vote: 6-0, Commissioner Agent: KC Chang, Prominence, 1265 Manassero Street #303, Flores absent) Anaheim, CA 92807 Location: 135 South Dale Avenue. Requests approval of final elevation plans for a previously-approved 14-unit semi-attached residential condominium subdivision. ACTION: Commissioner Vanderbilt-Linares offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Flores absent), that the Anaheim City Planning Commission does hereby determine that the previously-approved Negative Declaration is adequate to serve as the required environmental documentation for subject request. Commissioner Vanderbilt-Linares offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Flores absent), that the Anaheim City Planning Commission does hereby approve the final building elevation plans for a previously- approved (14-unit semi-attached residential condominium complex). sr5124jr.doc C~ ~ 11-01-04 Page 4 NOVEMBER 1, 2004 PLANNING COMMISSION MINUTES • C. (a) General Plan Conformitv No. 2004-00038 - Request To Determine Conformance With The Anaheim General Plan To Amend an Existinq Lease Agent: Stephen L. Chaffee, Orange County District Attorney, 401 Civic Center Drive West, P.O. Box 808 Santa Ana, CA 92701-0000 Location: 2100 East Howell Avenue, Suite Nos. 406, 407, 408 and 409. Requests determination of conformance with the Anaheim General Plan to amend an existing lease of office and garage space to the County of Orange, Office of the District Attorney. ACTION: Commissioner Vanderbilt-Linares offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Flores absent), that the Anaheim City Planning Commission does hereby determine that the County of Orange's proposal to amend an existing lease of office and garage space at 2100 East Howell Avenue, Suites 406, 407, 408 and 409 is in conformance with the Anaheim General Plan. General Plan conformity items have a statutory guideline limitation of 40-days from the date the application is submitted, therefore it is given accelerated processing and provided to the City Council at an early • time. An application was submitted on October 14, 2004, for the subject request. Pursuant to Government Code Section 65402(b), City is required to act within 40 days. ~ Approved Approved (Vote: 6-0; Commissioner Flores absent) sr3086ey.doc 11-01-04 Page 5 NOVEMBER 1, 2004 PLANNING COMMISSION MINUTES • Minutes Receiving and approving the Minutes from the Planning Commission Approved Meeting of October 18, 2004 (Motion) (Vote: 6-0, Commissioner ACTION: Commissioner Vanderbilt-Linares offered a motion, Flores absent) seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Flores absent), that the Anaheim City Planning Commission does hereby receive and approve the minutes for the Planning Commission meeting of October 18, 2004. Receiving and approving revised supplemental detailed Minutes for Approved Item No. 3, Reclassification No. 2003-00109, Variance No. 2004-04626 and Tentative Tract Map No. 16545, from the Planning Commission (Vote: 6-0, Commissioner Meeting of October 4, 2004, scheduled to be heard as a public hearing Flores absent) item before City Council on Tuesday, November 16, 2004. (Motion) ACTION: Commissioner Vanderbilt-Linares offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Flores absent), that the Anaheim City Planning Commission does hereby receive and approve the revised supplemental detailed Minutes for the Planning Commission meeting of October 4, 2004. • ~ 11-01-04 Page 6 NOVEMBER 1, 2004 PLANNING COMMISSION MINUTES • Public Hearina Items: 2a. CEQA Neqative Declaration 2b. Reclassification No. 2004-00124 Owner: Raymond Siegele, P.O. Box 3284, Anaheim, CA 92803 Voit Anaheim Business, 21530 Oxnard Street, Unit B, Woodland Hills, CA 91367-4942 Charles Atwood, 23772 Avenue 208, Lindsay, CA 93247 CP/HERS Anaheim LP, 600 Citadel Drive, Suite 100, Los Angeles, CA 90040 Kenneth Thompson, P.O. Box 5406, Orange, CA 92863 Tomas Rodriguez, P.O. Box 8521, Anaheim, CA 92812 Location: Portion A: 516 East Santa Ana Street and 501 - 547 South Atchison Street: Portion B: 500 - 558 South Atchison Street: Portion C: 610 South Olive Street and 711 East South Street; and Portion D: 525 East South Street Portion A: This 10.7-acre area is located at the southeast corner of Santa Ana Street and Olive Street with frontages of 970 feet on the south side of Santa Ana Street and 480 feet on • the east side of Olive Street (516 East Santa Ana Street and 501 - 547 South Atchison Street - Kwikset site). Portion B: This 10.3-acre area has frontages of 150 feet on the south side of Santa Ana Street and 340 feet on the east side of Olive Street and a maximum depth of 1,120 feet (500 - 558 South Atchison Street). Portion C: This 10.3-acre area has frontages of 150 feet on the north side of South Street and 340 feet on the east side of Olive Street and a maximum depth of 1,120 feet (610 South Olive Street and 711 East South Street). Portion D: This 9.8-acre area is Iocated at the northeast corner of South Street and Olive Street with frontages of 440 feet on the east side of Olive Street and 970 feet on the north side of South Street (525 East South Street). City-initiated (Community Development Department) request for approval of a reclassification of these properties as follows: Portion A- from ML (Limited Industrial) to RM-3 (Residential, Multiple- Family-2400) zone or less intense zone. Portion B- from ML (Limited Industrial) to RM-4 (Residential, Multiple- Family-1200) zone or less intense zone. Portion C- from ML (Limited Industrial) to RM-4 (Residential, Multiple- Family-1200) zone or less intense zone. • Portion D- from ML (Limited Industrial) to RM-3 (Residential, Multiple- Family-2400) zone or less intense zone. Continued to December 13, 2004 Approved a 90-day extension of time (to February 4, 2005) 11-01-04 Page 7 NOVEMBER 1, 2004 PLANNING COMMISSION MINUTES • Continued from the June 14, August 9 and September 8, 2004, Planning Commission Meetings. Reclassification Resolution No. OPPOSITION: None sr2167ds,doc ACTION: Commissioner Romero offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Flores absent), to continue the subject request to the December 13, 2004, Planning Commission meeting, as recommended by staff. Commissioner Romero offered a motion, seconded by Commissioner O'Connell and MOTION CARRIED (Commissioner Flores absent), to approve a 90-day extension of time to February 4, 2005, to comply with the Permit Streamlining Act. VOTE: 6-0 (Commissioner Flores absent) DISCUSSION TIME: This item was not discussed. ~ ~ 11-01-04 Page 8 NOVEMBER 1, 2004 PLANNING COMMISSION MINUTES • 3a. CEQA Neqative Declaration Approved 3b. Conditional Use Permit No. 2004-04878 Granted, in part Owner: Nell Genovese, 269 Evening Canyon Road, Corona Del Mar, CA 92625 Agent: Oscar Palafox, P.O. Box 1419, Placentia, CA 92871 Location: 1352 North Miller Street. Property is approximately 0.89- acre, having a frontage of 132 feet on the east side of Miller Street, located 658 feet north of the centerline of Miraloma Avenue. Request to permit and reta+n a pallet repair and storage yard and a landscape contractor's storage yard. Continued from the September 8, 2004, Planning Commission Meeting. Conditional Use Permit Resolution No. PC2004-129 sr8807cf.doc Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 3. ApplicanYs Statement: • Gene Genovese, 16606 Lassen Street, Fountain Valley, CA, stated he has part ownership in the property and does support the subject request. He referred to Condition No. 20 and asked for a modification to the condition pertaining to the quarterly inspections and suggested inspections to be semi-annually or every 4 months. THE PUBLIC HEARING WAS CLOSED. Commissioner Vanderbilt-Linares asked if they are scheduled inspections. Roger Bennion, Code Enforcement Supervisor, indicated inspectors would be scheduled because they would like to have the property and/or business owner on site. Commissioner Vanderbilt-Linares asked Mr. Bennion for his +r-put regarding modification to the quarterly inspections. Mr. Bennion stated there have been a number of issues in the past regarding the property and if the applicant were to meet all the conditions of approval then an inspection would no longer be necessary following the expiration of the inspection time period. In response to questions from Commissioners, Mr. Bennion explained the fee structure for inspections Further discussion was taken amongst the Commission, staff and the applicant pertaining to modifying Condition No. 20. • • • • - • • • • ~ • ~ OPPOSITION: None 11-01-04 Page 9 NOVEMBER 1, 2004 PLANNING COMMISSION MINU7ES ~ ACTION: Approved CEQA Negative Declaration Granted, in part, Conditional Use Permit No. 2004-04878 (to permit and retain a pallet repair and storage yard and a landscape contractor's storage yard) based on the testimony presented at todays public hearing; and adoption of the resolution attached to the staff report dated November 1, 2004, including the findings and conditions contained therein, with the following modifications: Modified Condition No. 20 to read as follows: 20. That the property owner shall pay the cost of Code Enforcement Division inspections for two (2) years; quarterly for the first year and semi-annually for the second year from the date of this resolution, to gain and/or maintain compliance with State and local statutes, ordinances, laws or regulations. VOTE: 6-0 (Commissioner Flores absent) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, November 23, 2004. DISCUSSION TIME: 12 minutes (2:47-2:59) ~ ~~ 11-01-04 Page 10 NOVEMBER 1, 2004 PLANNING COMMISSION MINUTES ~ 4a. CEQA Neqative Declaration 4b. Waiver Of Code Reauirement 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, August 9 and September 20, 2004, Planning Commission Meetings. Conditional Use Permit Resolution No. • OPPOSITION: None Continued to November 15, 2004 sr5126jr.doc ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner Flores absent), to continue the subject request to the November 15, 2004, Planning Commission meeting, as requested by the petitioner. VOTE: 6-0 (Commissioner Flores absent) DISCUSSION TIME: This item was not discussed. ~ 11-01-04 Page 11 NOVEMBER 1, 2004 PLANNING COMMISSION MINUTES • 5a. CEQA Neqative Declaration Approved 5b. Waiver Of Code Requirement Denied 5c. Conditional Use Permit No. 2004-04883 Denied 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 and October 18, 2004, Planning Commission Meetings. Conditional Use Permit Resolution No. PC2004-130 sr8774dhb.doc ~ Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 5. Applicant's Statement: Rudy Trejo, 1009 S. Harbor Blvd., Anaheim, CA, stated he is representing the church and is present to answer any questions. THE PUBLIC HEARING WAS CLOSED. In response to a question posed by Commissioner Velasquez, Mr. Trejo responded there are 17 parking spaces next door and 7 on the premises. Commissioner Velasquez asked staff to address the issue based on the plan submitted. Mr. McCafferty referred to the plan submitted by the applicant and stated it indicates 17 parking spaces on the property. He further explained that only 9 spaces are countable spaces and regardless of the hours of operation there would be 9 spaces because that could be accommodated on the property, but from a code perspective only 2 spaces could be used unless the Planning Commission grants the off-site parking as part of the conditional use permit. Mr. Trejo clarified that there are 17 spaces. The Glass Company only needs 7 spaces, therefore 10 spaces are left over. He pointed out that they are operating at different times, but if they were to operate at the same time there would still be plenty of parking. Alfred Yalda, Principal Transportation Planner, stated the 2 spaces closest to the sidewalk could not be • used because there is not enough room for vehicles to backup. In response to a question posed by Chairman Eastman, Mark Gordon, Deputy City Attorney, responded since the adjacent property is owned by the same individual if there were enough spaces on the site 11-01-04 Page 12 NOVEMBER 1, 2004 PLANNING COMMISSION MINUTES • where the church is proposed, together with the site next door, then an agreement would not be required because the two parcels are under common ownership. An agreement is required when the site is not immediately contiguous to the proposed project site, or when the property is not under common ownership. Mr. McCafferty informed the Commissioners that they would need to make the waiver finding, but an agreement is not required since the same owner owns both properties. Roger Slagle, owner of subject property stated he is with Yellow Cab Company/Slagle Properties and asked how many more spaces are needed. Mr. McCafferty responded another 4 spaces would be required in order to comply and eliminate the parking waiver. OPPOSITION: None ACTION: Approved CEQA Negative Declaration Denied the Waiver of Code Requirement pertaining to minimum number of parking spaces and minimum setback for institutional uses abutting a residential zone boundary, as the site is too small to accommodate the intensification of the site and would have potential negative impacts on the surrounding single-family properties (parking, traffic, noise, lighting impacts). In addition, the adjacent commercial property (Glass Doctor) • would not be able to provide the 12 additional parking spaces that the church would need in order to comply with Code. Denied Conditional Use Permit No. 2004-04883 (to retain an existing church within an existing single-family residence with waivers) based upon the evidence submitted to the Commission, including the evidence presented in the staff report dated November 1, 2004, and oral and written evidence presented at the public hearing; and adoption of the resolution attached to the staff report dated November 1, 2004, including the findings contained therein. VOTE: 4-1 (Commissioner Flores absent; Commissioner O'Connell abstained and Commissioner Vanderbilt-Linares voted no) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, November 23, 2004. DISCUSSION TIME: 21 minutes (3:00-3:21) ~ 11-01-04 Page 13 NOVEMBER 1, 2004 PLANNING COMMISSION MINUTES ~ 6a. CEQA Mitiqated Neqative Declaration Approved 6b. Waiver Of Code Requirement Approved, in part 6c Conditional Use Permit No. 2004-04917 Granted Owner: Front Porch, 303 North Glenoaks Boulevard, Burbank, CA 91502 Agent: Phil Schwartze, 31682 EI Camino Real, San Juan Capistrano, CA 92675 Location: 891 South Walnut Street. Property is approximately 7.7 acres, located at the northwest corner of Ball Road and Walnut Street (Walnut Manor Retirement Community). Request to establish a 1 to 3-story 151-unit senior citizens apartment retirement community including independent living, assisted living, memory impairment, and various recreational facilities for senior citizens (Walnut Village) in conjunction with an existing 99-bed skilled nursing facility and chapei with waivers: (a) maximum lot coverage, (b) minimum structural and landscaped setback adjacent to Ball Road and Walnut Street, (c) minimum landscaped setback adjacent to single-family residential zone, (d) minimum number of parking spaces, (e) maximum number of freestanding signs, (f) maximum fence height, (g) maximum structural height adjacent to single-family residential zone, and (h) minimum floor area per unit."` ~ * Waivers (a) and (e) have been deleted. Conditional Use Permit Resolution No. PC2004-131 sr8805dh.doc Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 6. ApplicanYs Statement: Phillip Schwartze, 31682 EI Camino Real, San Juan Capistrano, CA, stated he is representing Walnut Manor and is one of the planners working on the project. He stated the proposed project is rare and it will prove to be an asset for the City of Anaheim. it provides independent living all the way through to skilled nursing facilities. They have worked with staff and reduced the number of waivers as they have continued to modify their plans. He introduced Bill Jennings, President and CEO of Front Porch. Bill Jennings, Front Porch, 400 EI Adobe Place, Fullerton, CA, stated Walnut Manor has been an integral part of Anaheim providing senior living options and retirement community since 1938. Their plans are to renew and refresh the community and revitalize the subject area. He referred to the model of the proposed facility, which has been presented to the Planning Commission today and stated there are some very exciting plans. Mr. Schwartze referred to the waiver regarding the minimum floor area per dwelling unit and reassured the Commission that it only deals with two units within the project and those are guest units. The guest units are for visitors who might be there a night or two and they would operate more as a hotel room and ~ would not be rented on a full-time basis 11-01-04 Page 14 NOVEMBER 1, 2004 PLANNING COMMISSION MINUTES ~ • He spoke regarding concerns raised pertaining to noise and other impacts during the demolition and construction. He stated they have addressed those issues with staff, and staff has come up with mitigations in order to lessen any impacts to the neighbors. Public Testimony: Kerwin Duerr, 1636 W. Cris Avenue, Anaheim, CA, stated he is the pastor of Prince of Peace Lutheran Church, which is adjacent to Walnut Manor. He spoke in favor of the waivers, but expressed concerns with the waiver pertaining to minimum number of parking spaces. It is customary of Walnut Manor to use their parking lot and he hopes staff has addressed the significant parking issue. Mr. Schwartze concurred with Pastor Duerr and stated they do use their parking lot for special events when the church is not utilizing their parking lot. He stated they have more than adequate parking for normal daily operations but for special events they do depend on the pastor to allow them to utilize the church's parking, which helps to not impact the neighbors. Mr. McCafferty stated currently they have less parking than they are proposing and they are only increasing the number of units by a net of 20. Staff feels it is an improvement to the existing conditions. THE PUBLIC HEARING WAS CLOSED. OPPOSITION: None ACTION: Approved CEQA Mitigated Negative Declaration and Mitigation Monitoring Plan. FAVOR: A person spoke in favor of the project, but had concerns regarding the parking. Approved, in part, Waiver of Code Requirement, as follows: Approved waivers pertaining to (b) minimum structural and landscaped setback adjacent to Ball Road and Walnut Street, (c) minimum landscaped setback adjacent to single-family residential zone, (d) minimum number of parking spaces, (f) maximum fence height, (g) maximum structural height adjacent to single-family residential zone, and (h) minimum floor area per unit.* Denied waivers (a) pertaining to maximum lot coverage, and (e) maximum number of freestanding signs, since they have been deleted. Granted Conditional Use Permit No. 2004-04917 a 151-unit (advertised as 156- unit) senior citizen's apartment retirement community including independent living, assisted living, memory impairment and various recreational facilities for senior citizens (Walnut Village) and retaining an existing 99-bed skilled nursing facility and chapel. ~ VOTE: 5-0 (Commissioner Flores absent; Commissioner O'Connell abstained) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, November 23, 2004. DISCUSSION TIME: 17 minutes (3:22-3:39) 11-01-04 Page 15 NOVEMBER 1, 2004 PLANNING COMMISSION MINUTES ~ 7a. CEQA Neqative Declaration (Previouslv-Approved) Approved 7b. Conditional Use Permit No. 1623 Approved (Tracking No. CUP2004-04918) Owner: Smith Margaret K. Trust, P.O. Box 4400, Los Angeles, CA 90054 Agent: Phil Schwartze, 31682 EI Camino Real, San Juan Capistrano, CA 92675 Location: 2222 East Howell Avenue. Property is approximately 3.3 acres, with a frontage of 296 feet on the southwesterly side of Howell Avenue, located 520 feet northwest of the centerline of Katella Avenue. Request to amend or delete conditions of approval pertaining to a time limitation for an on-site caretaker's unit, including on-premises sales and installation of recreational vehicle parts and accessories in conjunction with previously-approved recreational vehicle storage yard. Conditional Use Permit Resolution No. PC2004-132 sr5125jr.doc Chairman Eastman opened the public hearing. ~ Greg McCafferty, Principal Planner, introduced Item No. 7. ApplicanYs Statement: Phillip Schwartze, 31682 EI Camino Real, San Juan Capistrano, CA, indicated that they need to evict the person currently at the subject facility and explained that the process may take awhile. He stated as soon as they have control over the property they will then complete all the conditions imposed in the staff report. Therefore, he asked that the time period be extended for Condition No. 3. THE PUBLIC HEARING WAS CLOSED. Mark Gordon, Deputy City Attorney, read into the record modification to Condition No. 18 of the proposed draft resolution. Mr. Schwartze concurred and reiterated whenever they have control of the property is when they would be able to work on compliance of the conditions. He stated he feels it may take about 90 days to take care of the legal issues but they will keep staff informed. Mr. McCafferty suggested giving the applicant 180 days to submit the landscape and fencing plans, and in 60 days from plan approval to install the improvement. Mr. Schwartze was in agreement. Commissioner Buffa referred to Condition No. 8 and asked the applicant if he has any suggestions to that condition; and Mr. McCafferty asked what type of things would be disposed of. • Scott Ramsey, address not given, stated as he takes over the property they would not be doing any modifications to any of the vehicles. The facilities that they have are 100% storage facilities and people rent spaces. When the rent is not paid and vehicles are left abandoned, they only give 14 days before the vehicle is taken into their possession. 11-01-04 Page 16 NOVEMBER 1, 2004 PLANNING COMMISSION MINUTES ~ ~ ~ ~ ~- ~ ~ • • ~ • OPPOSITION: None ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner Flores absent), that the Anaheim City Planning does hereby determine that the previously-approved Negative Deciaration is adequate to serve as the required environmental documentation for this request. Approved the request to amend Conditional Use Permit No.1623 for an on-site caretaker's unit, including on-premises sales and installation of recreational vehicle parts and accessories in conjunction with previously-approved recreational vehicle storage yard based on the testimony presented at today's public hearing; and adoption of the resolution attached to the staff report dated November 1, 2004, including the findings and conditions contained therein, with the following modifications: Modified Condition Nos. 3 and 18 to read as follows: 3. That a final landscape and fencing/screening plan shall be submitted to the Planning Services Division for review and approval. Said landscaping and fencing plan shall be submitted within ~8} one hundred-eighty (180) days from the date of this resolution. Said landscaping and ~. fencing plan shall be installed within sixty (60) days of plan approval. Any decision by the Planning Services Division may be appealed to the Planning Commission as a"Reports and Recommendations" item. The final landscape and fencing/screening plan shall indicate the following: • Minimum six (6) foot high solid or opaque screening on all sides of the storage area, unless otherwise specified in the underlying zone, with screening abutting the railroad right-of-way consisting of a chain link fence entirely interwoven with PVC, simulated wood slats, or other durable material and evergreen vines planted on five-foot centers and serviced with permanent irrigation. • Minimum twenty-four (24) inch box evergreen trees planted on maximum twelve (12) foot centers along and adjacent to the entire wall within the required street setback area and layered landscaping consisting of shrubs and groundcover. • Planting areas provided with permanent irrigation facilities and shall be permanently maintained in a healthy, safe and attractive state as a condition of use. . Fences, block walls and trash enclosures visible from any public right-of- way planted with either clinging vines or fast-growing shrubbery so as to eliminate graffiti opportunities. • Gates for access to the property constructed of durable view-obscuring material, swinging inwardly or sideways and kept closed when not in use. C~ 11-01-04 Page 17 NOVEMBER 1, 2004 PLANNING COMMISSION MINUTES • 18. That Condition Nos. 2, 3, 4, 7, 8, 16 and 17, above-mentioned, shall be completed within a period of ~683 one hundred-eighty (180) days from the date of this resolution. At the end of the 180 days from fhe date of which the owner assumes possession of the property. VOTE: 6-0 (Commissioner Flores absent) Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, November 23, 2004. DISCUSSION TIME: 14 minutes (3:40-3:54) • • 11-01-04 Page 18 NOVEMBER 1, 2004 PLANNING COMMISSION MINUTES r ~ • 8a. CEQA Neqative Declaration Continued to 8b. Waiver Of Code Requirement November 15, 2004 8c. Conditional Use Permit No. 2004-04916 Owner: James Elmore, Trinity Lutheran Church, 4101 East Nohl Ranch Road, Anaheim, CA 92807 Location: 4101 Nohl Ranch Road. Property is approximately 4 acres, located at the northeast corner of Nohl Ranch Road and Nohl Canyon Road (Trinity Lutheran Church). Request to permit an addition to an existing church and private school and to amend a condition of approval pertaining to the maximum number of students with waivers of: (a) maximum structural height, and (b) minimum number of parking spaces. Conditional Use Permit Resolution No. sr8810av.doc OPPOSITION: None ACTION: Commissioner O'Connell offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner Flores absent), to continue the subject request to the November 15, 2004, Planning Commission meeting, as requested by the petitioner. VOTE: 6-0 (Commissioner Flores absent) DISCUSSION TIME: This item was not discussed. 11-01-04 Page 19 NOVEMBER 1, 2004 PLANNING COMMISSION MINUTES ~ ~ ~ 9a. Environmental Impact Report No. 327 Continued to 9b. Waiver Of Code Requirement November 15, 2004 9c. Conditional Use Permit No. 2001-04431 9d. Specimen Tree Removal Permit No. 2002-00001 9e. Miscellaneous No. 2004-00088 Owner: Waddell Foods, 801 North Beach Boulevard, La Habra, CA 90631 Agent: John & Lisa Waddell, 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 structural 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. sr8808av.doc Conditional Use Permit Resolution No. OPPOSITION: None ACTION: Commissioner Buffa offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner Flores absent), to continue the subject request to the November 15, 2004, Planning Commission meeting, as requested by the petitioner. VOTE: 6-0 (Commissioner Flores absent) DISCUSSION TIME: This item was not discussed. 11-01-04 Page 20 NOVEMBER 1, 2004 PLANNING COMMISSION MINUTES ~~ Following the public hearing items, Commissioner Vanderbilt-Linares stated that due to a tight timeline, an invitation was placed in today's packets for a groundbreaking ceremony on November 30, 2004. As the item had yet to be approved by the Planning Commission, he wanted to make note that it was still an item for consideration and would be weighed and judged based on its merits. MEETING ADJOURNED AT 3:56 P.M. TO MONDAY, NOVEMBER 15, 2004 AT 1:00 P.M. FOR PRELIMINARY PLAN REVIEW. CJ ~ Respectfully submitted: ~~i~~,~~ ~~ i~-~-~ _~ Elly Morris Senior Secretary Received and approved by the Planning Commission on ~Q~e,~nb~.~- ~J , 2004. 11-01-04 Page 21