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Minutes-PC 2005/10/03~ • ~A~E"" ~~ CITY OF ANAHEIM ~ ~ ~r~ . • . o ~ Planning Commission ~ ~ Minutes U ' ~' „ ~a~ Mondav, October 3, 2005 . . e, ~ ^ Council Chamber, City Hall ~ g~~ 200 South Anaheim Boulevard, Anaheim, California ~NDEU 1 CHAIRMAN: GAIL EASTMAN Commissioners Present: KELLY BUFFA, CECILIA FLORES, JOSEPH KARAKI, ED PEREZ, PANKY ROMERO, PAT VEL:ASQUEZ' Commissioners Absent: NONE Staff Present: Mark Gordon, Assistant City Attorney James Ling, Principal Civil Engineer Greg Hastings, Planning Services Manager John Ramirez, AssociatePlanner Greg McCafferty, Principal Planner EIIy Morris, Senior Secretary Della Herrick, Associate Planner Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 3:30 p.m. on Thursday, September 29, 2005, 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 8, 2005 • Call To Order Preliminary Plan Review 1:00 P.M. , • STAFF UPDATE TO COMMISSION ON VARtOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE OCTOBER 3, 2005 AGENDA • PRESENTATION BY THE PUBLIC WORKS DEPARTMENT ON THE STREETSCAPE MASTER PLAN FOR THE ANAHEIM RESORT EXPANSION AREA • ' • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:30 P.M. Attendance: 10 For record keepinq purposes if ~wish to make a statement reaardinq any item on the aqenda p/ease complete a speaker card in advance and submit it to the secretarv. • Pledge Of Allegiance: Commissioner Romero • Public Comments • Consent Catendar • Public Hearing Items • Adjournment You may leave a message for the Planning Commission using the following e-mail address: plannins~commissionC~anaheim.net H:\TOOLS\PCADMIN\PCMINIACT~2005MINUTESWC100305.DOC 10-03-05 Page 1 OCTOBER 3, 2005 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 theVoting 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 Flores offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED, for approval of Consent Calendar ltems 1-A through 1-C as recommended by staff. UNANIMOUSLY APPROVED " Minutes 1A; Receiving and approving the Minutes from the Planning Commission Approved Meeting of August 8, 2005. (Motion) Continued from~the August 22, September 7 and 19, 2005, Planning Consent Calendar Commission meetings. Approval • VOTE: 7-0 1B. Receiving and approving the Minutes from the Planning Commission Continued to Meeting of September 7, 2005. (Motion) October 31, 2005 - Gontinued from the September 19, 2005 Planning Commission meeting. Consent Calendar Approval VOTE: 7-0 1 C. • Receiving and approving the Minutes from the Planning Commission Meeting of September 19, 2005 (Motion) Continued to October 31, 2005 Consent Calendar Approval VOTE: 7-0 10-03-05 Page 2 OCTOBER 3, 2005 PLANNING COMMISSION MINUTES ;• Pu blic Hearina Items: ; 2a. CEQA NEGATIVE DECLARATION Buffa/Velasquez Approved 2b. ''RECLASSIFICATION N0. 2005-00163 Buffa Granted 2c. VARIANCE N0. 2005-04653 Buffa Granted : 2d. TENTATNE PARCEL MAP N0. 2005-132 Buffa/Perez Approved 2e. WAIVER OF COUNCIL POLICY N0. 542 Buffa/Romero Approved Owner: Alan Nguyen, 15401 Firmona Avenue, Lawndale, CA 90260 VAR Location: 1400 East Burton Street. Property consists of two Deleted Condition Na 3 parcels: Parcel 1: Property is an irregularly-shaped , . parcel having a frontage of 133 feet on the south side voTE: 6-0 of Burton Street and is located 889 feet west of the ` Chairman Eastman centerline of Acacia Street. Parcel 2: Property is an abstained irregularly-shaped parcel having a frontage of 26 feet on the south side of Burton Street and is located 1022 feet west of the centerline of Acacia Street. Reclassification No. 2005-00163 - Request reclassification of the property from the T(Transition) zone to the RS-2 (Residential, Single- Family) zone, or a fess intense zone. Variance No. 2005-04653 - Request waivers of (a) minimum lot width and (b) minimum lot area to construct four single-family residences. . Tentative Parcel Map No. 2005-132- Request to establish a 4-lot, 4- unit detached single family subdivisi~n. Waiver of Council Policy No. 542 - Request to waive Council Policy No. 542 pertaining to sound attenuation for residential projects. Continued from the June 27, July 25, and September 7 2005, Planning Commission meetings. Reclassification Resolution No. PC2005-143 Variance Resolution No. PC2005-144 • Chairman Pro Tempore Flores opened the public hearing. Greg McCafferty, Principal Planner, introduced Item No. 2. Applicant's Statement: Project P/anner.• (cflores@anaheim. net) Alan Nguyen,15401 Firmona Avenue, Lawndale, CA, stated he concurs with staff's recommendations. THE PUBLIC HEARING WAS CLOSED. Commissioner Buffa commended the applicant for their proposal on the site due to the odd remnant parcel. She pointed out that in the rear elevation it is completely flat with no articulations. This would be an objection anywhere else in the City. It is because this parcel of land backs up to the freeway that in this situation it makes perfect sense. OCTOBER 3, 2005 PLANNING COMMISSION MINUTES •` OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-day appeal righfs for the Tentative Parcel Map ending at 5:00 p.m. on Thursday, October 13, 2005; and presented the 22-day appeal rights for the balance of the items ending at 5:00 p.m. on 7uesday, October 25, 2005. DISCUSSION,TIME: 7 minutes (2:40-2:47) - OCTOBER 3, 2Q05 PLANNING COMMISSION MINUTES • 3a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 3b. CONDITIONAL USE PERMIT N0. 2090 (TRACKING NO. CUP2005-05027): Owner: Paul Nikolau, 1160 North Kraemer Boulevard, Anaheim, CA 92806 Agent: Juan M. Reynoso, Xalos Restaurant and Bar, 1160 North Kraemer Boulevard, Anaheim, CA 92805 \ Location: 1160 North Kraemer Boulevard:' Property is approximately 0.9-acre, having a frontage of 175feet on the east side of Kraemer Boulevard and is located 242 feet south of the centerline of Coronado Street. Request for reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on September 20, 2004 to expire August 27, 2005) to retain public entertainment in conjunction with a previously-approved restaurant with sales of alcoholic beverages for on-premises consumption (Xalos Restaurant). Conditional Use Permit Resolution Na • • Greg McCafferty, Principal Planner, introduced Item No. 3. Applicant's Statement: Chairman Eastman opened the public hearing. Continued to October 31, 2005 Motion: Romero/Flores i VOTE: 7-0 Project Planner. (a vazquez@anaheim. net) Juan M. Reynoso, 1160 North Kraemer Boulevard, Anaheim, CA, stated he is satisfied with staff's recommendations. Mike Alvarez, 360 South Glassell, Orange, CA, stated he has a partnership that owns the property directly across the street at 1161, 1171-79 South Glassell. The concern is with the entertainment portion of the permit because their property becomes a parking lot after hours where patrons of the restaurant litter. He informed the Commission that every time this property's conditional use permit is scheduled for renewal their company opposes the entertainment. The subject business generated many police calls. There aren't any concerns with the restaurant however they are requesting that the Commission revoke the entertainment portion of the conditional use permit. Mr. Reynoso replied that he would be willing to take responsibility for the installation of chains across Mr. Alvarez's property as well as have staff monitor the parking situation during business hours. THE PUBLIC HEARING WAS CLOSED. Commissioner Velasquez asked staff what types of mitigated measures are available in order to not put undo burden on the neighbor. Mr. McCafferty and Chairman Eastman agreed that with regards to the last two times that this conditional use permit was before the Commission there had not been any opposition. Chairman Eastman further stated that tlie current business owner has not only made great strides in working with staff but has cleaned up the site significantly. 10-03-05 Page 5 OCTOBER 3, 2005 PLANNING COMM{SSION MINUTES • Mr. McCafferty suggested that the new property owner and the neighbor meet in order to try and resolve . some of their respective concerns. : Commissioner Buffa would like to explore additional options aside from increased security guards. Commissioner Perez suggested having a"parking prevention system" set up with a security guard in the specific location. This would be a reciprocal agreement between Mr. Reynoso and Mr. Alvarez and a conditiorrplaced on thesubject request. Commissioner Buffa made the suggestion of additional signage prohibiting parking on the site. But she wanted to leave some options open for the two gentleman. . Commissioners Karaki, Velasquez, Flores and Romero concurred with Commissioner Buffa. OPPOSITION:' A person spoke in opposition to reinstating the public entertainment. DISCUSSION TIME: 17 minutes (2:48-3:05) • OCTOBER 3, 2U05 PLANNING COMMISSION MINUTES • 4a. CEQA NEGATIVE DECLARATION (PREVIOUSLY=APPROVED) 4b. WAIVER OF CODE REQUIREMENT 4c. CONDITIONAL USE PERMIT N0. 3902 (TRACKING NO. CUP2005-05022) Owner: Bhupinder S. Mac, 20021 Ventura Boufevard; Woodfand - Hills, CA 91368 Agent: Andrew Paszterko, 2055 North Aivarado Street, Los Angeles, CA 90039 Location: 1200 South Harbor Boulevard: Property is approx+mately 0:98-acre, and is located at the southeast corner of Harbor Boulevard and Ball Road. Request to construct a coffee shop and to establish an office in conjunction with an existing service station with accessory convenience market with beer and wine for off-premises consumption and a 2,000 square foot drive-through fast food restaurant, and with waivers of (a) minimum landscape and structural setback and (b) minimum number of parking spaces. Conditional Use Permit Resolution Na • OPPOSITION: None DISCUSSION TIME: This item was not discussed. • Continued to November 14, 2Q05 Motion: Flores/Karaki VOTE: 7-0 Project Planner. Qpramirez@anaheim. net) 10-03-05 Page 7 OCTOBER 3, 2005 _ PLANNING COMMISSION MINUTES ~ 5a. CEQA CATEGORICAL EXEMPTION = CLASS 1 Withdrawn 5b. CONDITIONAL USE PERMIT NO. 2005-05029 Owner: Raymond 8pehar, 6937 East Avenida De Santiago, , Motion: Floresrnerez Anaheim, CA 92807 vOTE: 7-0 Agent: Lorentz P. Moy, 5781 East La Palma Avenue, Anaheim Hills, CA 92807 Location: 5781 East La Pa1ma Avenue: Property is approximately 7.9 acres, and is located north and east of the northeast corner of La Palma Avenue and Imperial Highway. ' Request to permitmassage services within an existing day spa. Conditional Use Permit Resolution No. pro~ecfPia~~e~• Qnixon@anaheim.net) OPPOSITION: None • DISCUSSION TIME: This item was not discussed. OCTOBER 3, 2005 PLANNING COMMISSION MINUTES • 6a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Buffa/Velasquez Concurred with staff 6b. CONDI710NAL USE PERMIT N0. 20Q1-04434 Buffa Approved reinstatement (TRACKING NO. CUP2005-050241 forA years (to egpire on I 'Septemberl0, 2009) Owner: Ronald Lushing, 9399 Wilshire Boulevard; #109, Beverly HIIIS, CA 90210 Modified Condition Nos. 3 and 10 Agent: Richard Marion, Mesa Roofing Corporation, 2550 East ' Miraloma Way, Anaheim, CA 92806 Location: . 2550 fast Miraloma Wa : Property is approximately`0.8T- yOTE: 7-0 acre, and is accessed via a 20-foot wide access easement on the south side of Miraloma Way and is located 190 feet west of the centerline of Lawrence Avenue. Request for reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a timeJimitation' (approved on ° September 10, 2001 to expire September 10, 2005) to retain a contractor's storage yard. Conditional Use Permit Resolution No. PC2005-145 Project Plannec ~dherrick@anaheim.net) ~ Chairman Eastman opened the public hearing. Della Herrick, Associate Planner, introduced Item No. 6. Wayne Wells, 2550 East Miraloma Way, Anaheim, CA, agent with Mesa Roofing Corporation, concurs with the staff report and conditions. THE PUBLIC HEARING WAS CLOSED. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, October 25, 2005. DISCUSSION TIME: 4 minutes (3:06-3:10) r 10-03-05 Page 9 OCTOBER 3, 2005 PLANNING COMMtSSION MINUTES • 7a. CEQA CATEGORICAL EXEMPTION = CLASS 3 Eastman/Romero Concurred with staff 7b. CONDITIONAL USE PERMIT NO. 2005-05030 Eastman Granted er: Southern California Edison, 14799 Chestnut Street, Own WeStminster, CA 92683 Modified Condition No.15 Agent: ' Terry Teeple, Pacific-Teal Development, LLG, 22691 ' vOTE: 7-0 Lambert Street, Suite 1; Lake Forest, CA 92630 Location: 1500 South State Colleae Boulevard:. Property is approximately 2.1 acres, and is located at the southeast corner of State College Boulevard and Cerritos Avenue. , Request to permit accessory retail sales in conjunction with a plant nursery. Conditional Use Permit Resolution No. PC2005-146 ProiectPianner. (kwong2@anaheim. net) Chairman Eastman opened the public hearing. John Ramirez, Associate Planner, introduced ltem No. 7. Terry Teeple, Pacific-Teal Development, LLC, 22691 Lambert Street, Suite 519, Lake Forest, CA, representing Southern California Edison, informed the Planning Commission that the project has worked through two separate filings in order to reach a satisfactory solution for both sides. He expressed his concerns with the conditions in the resolution. With regards to Condition Na 8, it stipulates a specific type of botanical species is to be used which may be in conflict with the Edison stipulations. Edison • requires that a mature tree can not be over 40 feet high however more restrictively they have to be groomed and kept at no higher than 15 feet. Therefore, he was requesting flexibility in working with city staff to develop a formal landscape plan. Condition No. 15, states "fhat the property owner shall irrevocably offer to dedicate to the City of Anaheim a corner cut-off easement at State College Boulevard and Cerritos Avenue for road, public utilities and other public purposes. He informed the Commission that Edison is not in the business of deeding any property in the way of dedicating it, however in working with staff the City of Anaheim had been offered a substitute draft condition that would be more acceptable. We believe that we can fully comply with this condition of approval for the corner cut-off easement dedication but it would be in the form of irrevocable offer to dedicate but for purposes specific to the corner cut-off easement and we will use our best efforts to work with staff. THE PUBLIC HEARING WAS CLOSED. Mr. Ramirez read into the ~ecord changes to the conditions. Commissioner Buffa asked for clarification on the tree species. James Ling, Principal Civil Engineer read into the record the modifications of Condition No. 15 regarding the easement dedication. Chairman Eastman complimented the applicant for their efforts in aesthetic enhancement of this very unusual parcel, OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on • Tuesday, October 25, 2005. DISCUSSION T1ME: 16 minutes {3`.11-3:27) . 10-03-05 Page 10 OCTOBER 3, 2005 PLANNING COMMISSION MINUTES FIED) AND E R ~ 6 nti d t ' C RTI EVIOUSLY-C a. SUBSEQUENT EIR N0. 332 (P nue o o ADDENDUM AND MITlGAT10N MONITORING PLAN N0. 138-A October 31, 2005 8b. 7ENTATIVE TRACT MAP 16859 Agent: Lennar Platinum Triangle LLC, 25 Enterprise, Aliso Motion: Flores/velasquez Viejo, CA 92656 , voTE: 7-0 Location: The Platinum Trianqle. The "LennarA-Town ProjecY' encompasses an approximate 41.4-acre project site is generally located between Katella Avenue and Gene Autry Way, extending from Sfate College Boulevard to just west ' of South Betmor Lane in an area of the City of Anaheim known as The Platinum Triangle: The project site is further identified as Sites 1 and 2 on the map below. Site 1 encompasses 31 acres located at 1200-1558, 1700, and 1800 Eas4 Katella Avenue; 1301-1395 and 1551 Gene Autry Way; 1870, 1871, 1880, 1881, 1890, 1891, 1900; and 1901. South Chris Lane; 1833 and 1841 South State College Boulevard; 1800 and 1801 East Talbot Way. Site 2 _ ~ encompasses 10.4 acres located at 1871, 1881, 1891, 1901, 1870, 1880, 1890, 1900 and 1910 South Betmor Lane and 1100 East Katella Avenue. The project site also encompasses portions of South Chris Lane and South Betmor Lane as indicated in the vicinity map. • Request to establish a 19-lot (including four lettered lots) subdivision for _ Lennar's "A-Town", a master pianned community, with up to 2,681 residential units, two public parks and associated public facilities and Pro~ect P~anner. infrastructure (identified as Site 1 and Site 2). (cflores@ananeim.net) OPPOSITION: None DISCUSSION TIME: This item was not discussed. ~ Respectfully submitted: ~ ~~~ ~ Danielle Masciel Word Processing Operator Received and approved by the Planning Commission on rl)AVP_ iM I~r ~~ 2005. •