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Minutes-PC 2005/03/21~ ~ • 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) • PREUMINARY PLAN REVIEW FOR ITEMS ON THE MARCH 21, 2005 AGENDA Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:00 P.M. For record keepinp nurposes if ~ou wish to make a statement reaardinp anv item on the agend ~/ease complete a speaker card in advance and submit it to the secretarv. • Pledge Of Allegiance: Commissioner Perez • Public Comments • Consent Calendar • Public Hearing Items • Adjournment You mayleave a message for the Planning Commission using the following ' e-mail address planninacommissionCilanaheim.net H:IMISC\CLERICAL\MI NUTESWC032105.DOC MARCH 21, 2005 PLANNING COMMISSION MINUTES • Anaheim Planning Commission Agenda - 2:00 P.M. Public Comments: None" This is an apportunity 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 Buffa.offered amotion, seconded by Commissioner Flores and MOTION CARRIED (Commissioners Romero and Velasquez absent and with one Commission vacancy), for approval of Consent Calendar ltems 1-A through 1-C asrecommended by staff. UNANIMOUSLY APPROVED : Renorts and Recommendations -~ . , ~- 1A.(a) Conditional Use Permit No. 868 Terminated (Tracking No. CUP2005-04968) • Agent: Shahra Danesh, 26996 La Paz Road, Aliso Viejo, CA 92656 Consent Calendar Approval Location: 676 Sauth State Colleqe Boulevard. VOTE: a-o Commissioners Romero and Re uests termination of Conditional Use Permit No 868 to establish Velasquez absent and with one G ~ Commission vacancy an automobile service station within seventy-five (75) feet of a - residential zone). Termination Resolution No. PC2005-38 srs865kw.doc MARCH 21, 2005 PLANNING COMMISSION MINUTES • 1B.{a) Conditional Use Permit No.1563 Terminated (Tracking No. CUP2005-04969) Agent: Tai Nguyen, Alliance Evangelical Divinity, 18010 Sky Park Circle, Suite 100,1rvine, CA 92614 : Consent Calendar Approval Location: 314 South Brookhurst Street. vOTE: 4-0 Commissioners Romero and Re uests termination of Conditional Use Permit No. 1563 to ermit Velasquez absent and with one q ~ p Commission vacancy on-sale beer and wine in an existing restaurantj. Termination Resolution No. PC2005-39 sr8866kw.doc • MARCH 21, 2005 PLANNING COMMISSION MINUTES MARCH 21, 2005 PLANNING COMMISSION MINUTES • Pu blic Hearing Items: 2a. CEQA NEGATIVE DECLARATION Buffa/Perez Approved 2b. WAIVER OF CODE REQUIREMENT , Buffa/Flores Approved 2c. , CONDITIONAL USE PERMIT NO. 2005-04960 : Buffa Granted for 2 years (to ezpire on Owner: W C 2230, P.O. Box 4784, Carson, CA 90749 ' March 21, 2007) Agent: Juan Castro, Victory Outreach, 2230 West Colchester Drive, Suite 1-5, Anaheim, CA 92804 Modif,ed Condition ; Nos. 2, 7 and 8,, Location: 2230 West Colchester Drive, Suite 1-5. Property is Added a condition of approximately 0.87-acre, located at the southwest corner of approval regarding the Colchester Drive and Colony Street. (Victory 0utreach maximum number of ChurCh). occupants. Request to permit and retain an existing church in conjunction with a' VOTE: 4-0 commercial retail center with waiver of minimum number of parking Commissioners Romero and Velasquez absent and with SpaCes. e Commi sion vacanc Conditional Use Permit Resolution No. PC2005-41 • • Chairman Eastman opened the public hearing. on s y sr5201jr.doc John Ramirez, Associate Planner, introduced Item No. 2 and read into the record changes to Condition Nos. 7 and 8 in the draft resolution. Chairman Eastman asked if the applicant was present, and there was no response. She indicated she has received speaker cards. Public Testimony: Grace Howard (address given on speaker card was not legible) stated she is with Western National Properties Management who manages the New Horizon Apartment community on Brookhurst Street. They have been experiencing problems with park+ng, noise and trash and she feels the owner of the property has been disinterested in maintaining his property because he doesn't manage his tenant's activities, and she asked why are there so many code violations. She stated it is not fair that their residents have problems getting in and out of their carports because they are blocked in. Madeline Simmons, New Horizon Village, 835 S. Brookhurst Street, #201, Anaheim, CA, she spoke regarding noise problems which occur from about midnight to 2 a.m. Barbara Pethtel, New Horizon Village, 835 S. Brookhurst Street, Anaheim, CA, stated she is the community manager of New Horizon Village. She indicated she is against Victory Outreach because they have caused their residents a lot of problems. The people visiting the church sometimes park along the alleyways and make it almost impossible for their residents to get into their parking spaces. At times they have parked in their carports and there are private parking signs. Also, late at night there are loud noises from people, motorcycles and music: She has called the owner regarding trash in the parking lot and he has taken care of the issue but the abusive language that he used during their conversation was uncalled for and she feels he would not be cooperative in any other situation regarding the property. 03-21-05 Page 5 MARCH 21, 2005 PLANNING COMMISSION MINUTES • Dean Paajanen,'New Horizon Village, 835 S. Brookhurst Street, #229, Anaheim, CA, stated he reiterates what the previous speakers have said and indicated that the noise level is excessive going on as late as midnight and they have had to turn on a fan in order to draw away the noise. Chairman Eastman asked the applicant to come forward to speak as she just arrived in the Council Chambers; and staff gave a summary of the public's concerns which'were jusf indicated prior to the applicanYs arrival. Greg McCafferty, Principal Planner, stated public comments were also made regarding the late hours of ' operation and he asked the applicant for a clarificationxegarding the hours of operation. Applicant's Statement: Paula Elias, 961 N. Fairview Street, Anaheim, CA, stated she'is representing Victory Outreach Church and expressed concerns with trash as peopleleave couches, mattresses and other items outside of the trash bins. They clean up every week but it is something that is hard to control because people justleave items by the trash container. She stated their noise is only on Fridays and Sundays from around 7 p.m. - 9 p.m. She spoke regarding the parking issue and stated they dahave security onFriday and Sunday services in order to monitor the church parking but there is a bar and narcotics anonymous business that also operate in the center and the parking lot does get fulL She stated they operate until about 10 p.m. - and then they leave the premises and that the excessive loud noises'and music from cars are not coming from their church: Chairman Eastman asked if she has had a chance to review the conditions of approvaf in the staff report. Paula E1ias responded it is her understanding that the conditions are the same as the previous conditions imposed. • Chairman Eastman asked the applicant if she has received the latest version of the staff report. Paula Elias responded no because the Pastor of the Church has been out on an emergency for the past 3 weeks. Mr. McCafferty suggested trailing the item until the applicant has had a chance to review the staff report. CommissionerPerez expressed his concerns that the applicant and/or pastor have not addressed the conditions imposed and stated it is the church's responsibility to do its due diligence. This item was trailed and was further discussed following Item No. 3. Chairman Eastman stated the public hearing was not closed, therefore, she asked if anyone else was present who wished to speak. Grace Howard asked for clarification regarding the proposed request; Chairman Eastman stated as a church they are required to have a conditional use permit and they have applied for one as a whole center. Mr. Ramirez stated the existing church has been there for some time and the subject application is a result of the city approaching the operator of the church indicating that they don't have a valid land use approval for the church activity, and the subject application is the effort being made by the church to legitimize their current activities. Grace Howard further expressed her concerns regarding parking, occupancy and the fire code. • Barbara Pethtel stated when the bar and other churches were not there, they still had problems late at night with loud noises from people, motorcycles and music. 03-21-05 , Page 6 MARCH 21, 2005 PLANNING COMMISSION MINUTES • Mr. McCafferty stated there are a number of activities in the subject commercial center`such as a bar, another church, comedy club and the 12-Step Recovery Center; Ctiairman Eastman concurred and stated there aremultiple uses that could be responsible for the concerns raised today pertaining to noise, #raffic, etc. Chairman Eastman asked the applicant if she has had a chance to review the staff reporf. Paula Elias responded yes and she gave some background information of their church's operation and apologized for tMe concerns raised today:but indicated it is not from their church's operation. THE PUSLIC HEARWG WAS CLOSED. Commissioner Perez expressed his concerns and stated there are certain conditions that the applicant ' needs to adhere to. Commissioner Flores stated thatthe applicant needs to adhere to the hours of operation as stated in the conditionsof approval, and she asked what is the size of,their congregation. Paula Elias responded it is normally from 70 to 100 people which include children. Chairman Eastman asked the applicant if she realizes they would be restricted to a smaller assembly. Paula Elias responded yes, and stated that they would have 60 days to go to the Building Division to request another permit for it to be expanded. Commissioner Buffa expressed her support of the request and stated she doesn't believethe concerns raised today are coming from Victory Outreach Church as there are a lot of other activities in the center • that operate late and would more likely generate loud noises. OPPOSITION: 4 people spoke in opposition to the subject request. Mark Gordon, Deputy City Attomey, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, April 12, 2005. DISCUSSION TIME: 52 minutes (2:05-2:30) trailed (2:58-3:25) This item was trailed in order for the applicant to review fhe staff report MARCH 21, 2005 PLANNING COMMISSION MINUTES • 3a. CEQA CATEGORICAL EXEMPTION - CLASS`11 Buffa/Flores Concurred with staff 3b. VARIANCE N0. 2005-04647 Buffa Granted Owner: St. Catherine's Military Academy, 215 North Harbor Boulevard, Anaheim, CA 92805 Modified ConditionNo. 2 Agent: Jennifer Quintana, Starr Sign Designs, 1485 Pomona Adaea two conaitions of '' Road; Suite A, Corona, CA 92882 approval pertaining to the final sign plan, and the Location: 215 North' Harbor 6oulevard. Property is approximately ~ocat;on otthe sign to not 7.2 acres, located at thesouthwest corner of Harbor encroach;nto tbe u~timate ' Boulevard and Cypress Street. (Saint Catherine's Military r;ght-of-way. Academy). VOTE: 4-0 Request to construct a freestanding sign for a private school with waiver Commissioners Romero and of permitted type, size and dimensions of freestanding sign. velasquez absent and with one Commission vacancy VarianceResolution No. PC2005-40 srss~~av.doc Chairman Eastman opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 3. ApplicanYs Statement: • Angelique Norton, Admissions Director for St. Catherine's Military Academy, 215 N. Harbor Boulevard, Anaheim, CA, stated that currently there is a sign at the entrance that has their address. The property is deep and almost 8 acres, there is no signage on Harbor Boulevard and a lot of people find it very hard to find their property as they think it is St. Boniface's property. Therefore she asked the Commission to , reconsider Condition No. 2 in the draft resolution. Mr. McCafferty stated if the sign is already on the property, he would suggest modifying Condition No. 2, to state "that no new freestanding or monument signs sha11 be located on the property". Jennifer Quintana, Starr Sign Designs, 1485 Pomona Road, Suite A, Corona, CA, stated the new sign would replace the existing sign but would be located closer to the street and would be more aesthetically pleasing; and the height of the new sign would be the same as the existing sign. She feels it would be more beneficial to the school to have a higher sign because a lower sign would not be as visible. ' Natafie .laniec Sumara, 412 N. Dwyer Drive, Anaheim, CA, stated she feels the larger sign is necessary because it is setback from Harbor Boulevard. THE PUBLIC HEARING WAS CLOSED. Commissioner Buffa stated the proposed sign is an internally illuminated sign cabinet and asked if the background of the sign translucent. Jennifer Quintana responded yes, and stated it is a double sided sign and the face of#he sign is plexi- glass and it will have a white plexi-glass face with green and gold translucent vinyl letters, and the box surrounding it would have a stucco finish. , ,• Commissioner Buffa stated she is concerned because if you put up a sign that is 4 x 6#eet and it is an i l l u m i n a t e d c a b i n e t i t i s a t r e m e n d o u s a m o u n t o f l i g h t t h a t w o u l d e m a n a t e f r o m t h e s i g n. S h e s u g g e s t e d '03' 21-05 Page 8 _ . MARCH 21, 2005 PLANNING COMMISSION MINUTES • the sign be designed where the letters are translucent and the background of the cabinet are not, in order for the text message to come through but whiteJight Vuould not be coming from the cabinets. Jennifer Quintana responded it could be done, but the sign is being donated to #he school and the - donator is on a specific budget and it would significantly increase #he cost of the sign. Commissioner Perez asked for details on the existing sign; Jennifer: Quintana stated the existing sign is illuminated in the same way. Commissioner' F-ores stated the proposed sign would be larger. Mr. McCafferty stated when placing the sign it needs to be out of the Ultimate public right-of-way and he suggested adding that as a new condition of approval, and stated the applicant needs to meet with James Ling, Public Works Department to ensure the sign is located appropriately.' Commissioner Buffa expressed her concerns pertaining to a' cabinet sign' and suggested that the applicant consider changing the design of the sign; .Chairman Eastman concurred with'Commissioner Buffa: Further discussion'took place amongst the Commission and the applicant regarding the design of the ` sign; the applicant sfated they will furtheriook into suggestions made by the Commission. Commissioner Buffa expressed her support of approving the sign with regards to the size, height, amount of lettering/signage, and suggested that the applicant and staff work out the design of the sign. Mr. McCafferty read into the record the addition of two conditions of approval to the draft resolution. • . OPPOSITION: None ' Mark Gordon, Deputy City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, April 12, 2005. DISCUSSION TIME: 26 minutes (2:31-2:57) Following this item, Item No. 2 was further discussed since it was trailed. Received and approved by the Planning Commission on /7Pri ~ y , 2005.