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Minutes-PC 2005/01/10. . . . . . . . . . ~ ~ . . .. . ~ ~~,,~EIM ~~ CITY OF ANAHEIM e~ ~r ~ o`~ o Planning Commission ~ ~ Supplemental Detailed Minutes ..~ ~ " ~ Monday, January 10, 2005 , ~~~~°~ , , oi ,~, ~ (VAR NO. 2Q04-04637, TTM NO. 16803, Item No. 91) ~~~DED 1$~ Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRMAN: GAIL EASTMAN COMMISSIONERS PRESENT: KELLY BUFFA, CECILIA FLORES, DAVID ROMERO, PAT VELASQUEZ, (ONE VACANCY) COMMISSIONERS ABSENT: JERRY O'CONNELL STAFF PRESENT: Mark Gordon, Deputy City Attorney Della Herrick, Associate Planner • Greg Hastings, Planning Services Manager John Ramirez, Associate Planner : Greg McCafferty, Principal Planner Amy Vazquez, Associate Planner Alfred Ya(da, Principa( Transportation Planner Scott Koehm, Planner James Ling, Associafe Civil Engineer Elaine Yambao, Planner Linda Eaves, Senior Code Enforcement Officer Elly Morris, Senior Secretary Jonathan Borrego, Principal Planner Pat Chandler, Senior Secretary Cheryt Flores, Senior Planner Danielfe Masciel, Word Processor Operator You may leave a message for the Planning Commission using the following e-mail address: plannint~commission aC~.anaheim.net • H:\DOCS\CLERICAL\MINUTES\SUPPLEMENTALMINUTES011005 (ITEM 11).DOC JANUARY 10, 2005 PLANNING COMMISSION SUPPLEMENTAL DETAILED MlNUTES ~ 11a. CEQA Neqative Declaration Approved 11b. Variance Na 2004-04637 Granted 11c. Tentative Tract Map No. 16803 Approved ' Owner: Phuc Huynh, 9840 Winthrop Circle, Fountain Valley, CA 92708 Location: 331 East Simmons. Property is approximately 0.75-acre, having a frontage of 165 feet on the north side of Simmons Avenue, located 167 feet west of the centerline of Vern Street. Variance Na 2004-04637 - Request waiver of required lot frontage on a public or private street to establish a 5-lot, 4-unit detached single-family residentia( subdivision. - Tentative Tract Map No. 16803 - Request to establish a 5-lot, 4-unit detached single-family residential subdivision. " Variance Resotution No. PC2005-11 sr8839av.doc Chairman Eastman opened the public hearing. Amy Vazquez, Associate Planner, introduced Item No. 11 and referred to the Variance draft resolution by • reading into the record an additional condition of approval pertaining to final fencing plans and read into the record modifications to Condition Nos. 20 and 29. She referred to the Tentative Tract Map excerpt and read into the record modifications to Condition Nos. 7, 8 and 13. ' ApplicanYs Statement: Kenneth Peterson, Kendricks & Associates, 920 E. Orangethorpe Avenue, Anaheim, CA, stated he is a land surveyor, and has prepared the tentative map, helped with the design phase and he is present today to answer any questions. Public Testimony: Ron Broadbelt, 4616 Simmons Avenue, Orange, CA, stated he lives across the street and feels he would be the most impacted by the project. He expressed concerns with the project as he feeis it is not conducive with the rest of the neighborhood, as there are single-family residences and some town homes in the area. Further, he expressed concerns regarding parking and stated there is an existing parking problem because of the non-permitted/non-parking in the area. Chairman Eastman responded there would be four parking spaces for each of the homes. Mr. Broadbelt stated he feels it could be a better design and would support single-story homes in order to fit in with the neighborhood. J. Randall Gargan, 2227 S. Vern Street, Anaheim, CA, stated he feels he is impacted as much as Mr. Broadbeft and expressed concerns regarding the wall setback of 5 feet because it will impact his ingress and egress from his driveway causing a safety hazard. He stated parking is a major problem, and he can not have guest over without putting his cars in the street first: He has requested permit parking • WhICh Was denied. He is not opposed to building in the area but suggested that the developer make the streets wider for:parking on the street and to ensure the projecf does not impaCt the et1VICOCt171e11t Of th2 existing neighbors. He expressed concerns regarding the 2-story unif looking on to his backyard and 01-10-05 Page 2 JANUARY 10, 2005 PLANNING COMMISSION SUPPL~MENTAL DETAILED MINUTES stated there is not going to be any privacy and asked that the developer work with the neighbors in the • area. Applicant's Rebuttal: Mr. Peterson stated besides the four parking spaces for each unit, 2 inside the garage and 2 in the driveway, there are also four additional parking spaces, 1 per unit, also provided within the development. He believes they meet the guidelines for building a 2-story project'and are within their development rights to build the proposed project. They have worked with the Planning Department and have reduced the project from 5 units to 4 units. Commissioner Buffa addressed Mr. Gargan's concern regarding the ingress and egress from his driveway and she asked the applicant to address the issue. Mr. Peterson responded the 10-foot landscape easement was a requirement that was received during ~ their pre-file conditions. Commissioner Buffa stated based on the testimonyreceived, perhaps 5 feet is not adequate and they need to consider the line of sight. Greg McCafferfy, Principaf Planner, stated staff has verified that 5 feet would work. In response to a question by Mr. Gargan, Mr. McCafferty stated #he lots meet theminimum standards and there is no waiver needed for second-story homes and anyone along Simmons Avenue or Vern Street can submit plans to the Building Division for a second-story home. Mr. Gargan stated he is not opposed to a second-story unit as long as the windows are not facing his direction. • Chairman Eastman responded they will take that into consideration. In response to a question by Mr. Gargan regarding the tract map, Mr. McCafferty clarified that a tract map has to do with the subdivision of the land and not how many stories the home has. The way the applicant is subdividing the land does comply with the subdivision map act which is State law and does comply with the Zoning Code with regard to minimum lot size. With regard to whaf is built on the lot that has to do with zoning and development standards. Mr. Gargan asked if they are going for a variance for land use, Chairman Eastman responded the variance they are considering is for the lot frontage on a public or private street. Mr. McCafferty stated insfead of having a public street the applicant is meeting the private drive standards and it would be privately maintained by the association. Chairman Eastman asked if the applicant would like to further address any issues. Mr. Peterson verified that the variance is just for the private drive. THE PUBLIC HEARING WAS CLOSED. Commissioner Velasquez suggested that the applicant meet with staff in order to mitigate any of the neighbor's issues regarding privacy. Mr. McCafferty suggested to Commission that staff could add a condition which states, that staff review final elevation plans for sensitivity to the residential area fo the east, staff would then try to mitigate any • visual intrusions. 01-10-05 Page 3 JANUARY 10, 2005 PLANNING COMMISSION SUPPLEMENTAL'DETAILED MINUTES ~ C~ ~ Chairman Eastman stated Commission was at a disadvantage because they did not get total elevations of the subject projecf. She requested that in the future that they get the elevations when they are considering a project that may have some impacts to the surraunding neighbors. Commissioner Buffa suggested looking at landscape opportunities along the edges where there is a rear yard on the new home abutting an existing rear yard because they may not be able to domuch with the building elevations due to window requirements for fire egress, therefore, she suggested modifying Condition No. 17 in order to provide some landscape screening which would provide privacy into the rear yard of the adjacent existing neighbors. Chairman Eastman concurred with Commissioner Buffa, but was also in favor of changing any of the windows, if possible, that overlook someone's backyard. Mr. McCafferty pointed out if they place a condition to have trees in therear yard and if there is no way to maintain the trees through conditioning that someone could decide to cut it down. Therefore, there may need to be a condition on the map with regard to the maintenance covenant and CC&R's that would require that those trees be maintained and he is unsure if that would be #he Commission's desire to be that restrictive with regard to the trees. Commissioner Buffa responded she is very reluctant to put landscape conditions on a tracf map; Commissioner Velasquez concurred with Commissioner Buffa and stated she feels staff understands ' where the Commission is coming from and hopes that the applicant would be flexible enough to work with staff fo try to accommodate the neighbors as much as possible. ' Chairman Eastman asked the applicant to address the issue regarding working with staff on the elevations. Mr. Peterson responded during the design consfruction drawing stage they will work with Planning Department in order to help mitigate the neighbor's issues. Chairman Eastman also suggested that the applicant meet and work with the neighbors. Mr. Peterson responded yes. FOLLOWING IS A SUMMARY OF THE PLAMNING COMMISSION ACTION. OPPOSITION: 2 people spoke with concerns pertaining to height and traffic. ACTION: Approved CEQA Negative Declaration Granted Variance No. 2004-04637 (to waive the required lot frontage on a public or private street to establish a 5-lot, 4-unit subdivision); and adoption of the resolution attached to the staff report dated January 10, 2005, including the findings and conditions contained therein, with the following modifications: Modified Condition Nos. 17, 20 and 21 fo read as fol(ows: 17. That a final detailed landscape and irrigation plans for the proposed development shall be submitted to the Planning Services Division for review and approval. Said landscape plans shall show minimum 24-inch box sized trees, shrubs, groundcover and vines to be planted in layers in common areas, and minimum 24-inch box sized trees in the front yard of each property. All trees shall be properly, professionally, and permanently maintained to ensure mature, healthy growth. And that final fencing plans shall be submitted to the Planning Services Division for review 01-10-05 Page 4 JANUARY 10, 2005 PLANNING COMMISSION SUPPLEMENTAL DETAILED MINUTES • and approval. Said plans shall include a 5-foot wide, fuliy landscaped setback adjacent to Simmons Avenue. 20.' That prior to issuance of the first building permit, or within a period of one (1) year from the date of this resolution; whichever occurs #irst, Condition Nos. 1, 2, 4, 5, ~, , 8, 9, 10, 11, 12, 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. 21. That prior to final building and zoning inspections, Condition Nos. 3, and 19 a~d-2~, above-mentioned, shall be complied with. Commissioner Velasquez offered a motion, seconded by Commissioner Buffa and MOTION CARRIED (Commissioner O'Connell absent and with one Commission ' vacancy), that the Anaheim Planning Commission does hereby approve Tentative Tract Map No. 16803 (to establish a 5-lot, 4-unit detached single-family residential subdivision); and adoption of the findings and conditions attached to the staff report dated January 10, 2005, with the following modifications: Modified Condition Nos. 7, 8 and 13 to read as follows: 7. That ##e on-street parking shall only be permitted in designated parking stalls. The - improvement plans shall include installation and maintenance of the no parking signs e~ and red curbs to identify the parking restriction. 8. That the vehicular access rightsto Simmons Avenue and Mountain View Avenue, except at the approved driveway location ' ns on Simmons ~ Avenue, shall be released and relinquished to the City of Anaheim. 13. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 4, 8, 9, 10 and 11, above-mentioned shall be complied with. YOTE: 5-0 (Commissioner O'Connell absent and with one Commission vacancy} Mark Gordon, Deputy City Attorney, presented the 10-day appeal rights ending at 5:00 p.m. on Thursday January 20, 2005 for the Tentative Tract Map; and presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, February 1, 2005 for the balance of the items. DISCUSSION TIME: 28 minutes (3:37-4:05) JANUARY 10, 2005 ' PLANNING COMMISSION SUPPLEMENTAL DETAIkED MINUTES - ` MEETING ADJOURNED AT 4:14 P.M. TO MONDAY, JANUARY 24, 2005 AT 1:00 P.M. FOR PRELtMINARY PlAN REVIEW. Respectfully submitted: r .~~~%~~ /~r~ Elly Morns • Senior Secretary Received and approved by the Planning Commission on ~e-ks r var ~ 7, 2005.