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Minutes-PC 2006/09/06~~`~E'"' ~~ CitV of Anaheim ~ ~f~ + ' ~ ~ ~ ~ o~ o Planning Commission ~ ? Minutes ~ ~ „ _ - , ~ ~~~~ Wednesdav, September 6, 2006 . _ . ~ e~ - ~~~ ~$~~ Council Chamber: City Hall N D E D 200 South'Anaheim Boulevard, Anaheim, California CHAIRMAN: GAIL EASTMAN _ Commissioners Present: KELLY BUFFA, STEPHEN FAESSEL, CECILIA FLORES, JOSEPH KARAKI, PANKY ROMERO Commissioners Absent: PAT VELASQUEZ Staff Present: Mark Gordon, Assistant City Attorney Jessica Nixon, Assistant Planner `` Greg McCafferty, Principal Planner _ Kimberly Wong, Assistant Planner ' _ Judy Dadant, Senior Planner Elly Morris, Senior Secretary Della Herrick, Associate Planner Marie Witkay,:Senior Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 4:00 p.m. on • Wednesday, August 30, 2006, 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, August 10, 2006 • Call To Order PreliminaryPlan 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 SEPTEMBER 6, 2006 AGENDA • Workshops 1:30 P.M. • Green Building Program • Proposed Historic Pa4m District (Workshop was rescheduled to the October 2, 2006 meeting.) • Recess To Public Hearing • Reconvene To Public Hearing 2:30 P.M. Attendance: 15 For record keeping purposes, if vou wish to make a statement reaardinp any item on the aqenda, q/ease complete a speaker card in advance and submit it to the secretarv. • Pledge Of Allegiance: Commissioner Flores • Public Comments • Consent Calendar ~ • • Public Hearing ltems • , Adjournment / You may leave a message for the Planning Commission using the following e-mail address: planningcommission(a~anaheim.net - H:\TOOLS\PCADMIN\PCMINIACl12006MINUTESWC090606.DOC SEPTEMBER 6, 2006 PLANNING COMMISSION MINUTES • Anaheim Planning Commission Agenda - 2:30 P.M. , Workshops: • Green Building Program: Mariann Long, Public Utilities, presented a PowerPoint presentation to the Planning Cammission onthe City's Green Building ActionPlan. ' Phil Schwartz, member of the public, spoke in support of the program. • Proposed Historic Palm District: This workshop was continued to the October2, 2006 Planning Commission meeting. 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 vofe. 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 requesf the item to be discussed and/or removed from the Consent - Calendar forseparate action. • Commissioner Flores offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioner Velasquez absent), for approval of Consent Calendar Item 1-A as recommended by staff. UNANIMOUSLY APPROVED Minutes 1A. Receiving and approving the Minutes from the Planning Commission Meeting of August 21, 2006 (Motion) Approved Consent Calendar Approval VOTE: 6-0 Commissioner Velasquez absent 09-06-06 Page 2 SEPTEMBER 6, 2006 PLANNING COMMISSION MINUTES • Public Hearin It ms . 2a. CEQA NEGATIVE DECLARATION Continued to 2b. CONDITIONAL USE PERMIT NO. 2006-05111 (READVERTISED) October 2, 2006 Owner: BKM Anaheim Associates,`3185 Pullman Avenue, Costa Motion: BuffaiFlores , Mesa, CA 92626 Agent: Aspen Associates Telecom, 1223 Federal Avenue, # 212, voTE: 6-0 Los An eles, CA 90025 Commissioner Velasquez g absent Location: 1299 North Patt Street: Property is approximately 0.28- acre and is a land locked parcel with a maximum depth of 190 feet located west of a parcel with 200 feet of frontage on the west side of Patt Street, 37 feet south of the centerline of Commercial Street. Request to construct a stealth ground-mounted telecommunications facility with accessory ground-mounted equipment to accommodate two carriers in an industrial office park. ` : Continued from the August 21; 2006, Planning Commission meeting. Project Planner.• (kwong2@anaheim.net) • Conditional Use:PermitResolution No. . Chairman Eastman opened the public hearing. Kimberly Wong, Assistant Planner, introduced this item and noted that staff requests a stealth building- mounted facility instead of the proposed faux euca{yptus ground-mounted telecommunications facility. A PowerPoint presentation offering a visual rendition of this alternative was presented. Ms. Wong noted other staff recommendations for this item. ApplicanYs Statement: Amit Patel, applicant, spoke in favor of the item and clarified the design requirements for the proposed telecommunication facility due to multiple carriers. Chairman Eastman asked Mr. Patel what consideration he had given to other taller buildings in the area for the site of the telecommunications facility. Caryn Shurtz, applicant, responded by saying that the telecommunication carriers are tied into this site and the faux eucalyptus is the best option available. There was a discussion between the Commission, applicants and staff as to alternatives to the faux eucalyptus for the site. Michael Blackwell, 2922 Daimler_Street, #200, Santa Ana, CA a representative from Cingular Wireless, spoke in favor of the faux eucalyptus design for the site due to requirements necessary for a co-location facility. • Mr. Patel reassured the Commission that additional steps have been taken in order for the facility to b{end in well with its surroundings. : 09-06-06 Page 3 , SEPTEMBER 6, 2006 - PLANNING COMMISSION MINUTES ' THE PUBLIC HEARING WAS CLOSED. • Greg McCafferty, Principal Planner,'stated thatthe applicants were g"ranted a previously approved temporary facility design with the understanding that a new permanent facility would be built to integrate with the newly erected buildings for this project: Mr. McCafferty suggested that Ms. Wong expound more on this issue. , Ms. Wong stated provided a detailed history for'the proposed telecommunications'site. She reiterated that staff recommends an architectural integration. Commissioner Flores stated that she is not in favor of the faux eucalyptus design because it does not look natural, She would prefer a building design or two mono-palms with additional palm trees surrounding them. Commissioner Faessel spoke in favor of the twomono-palms design and voiced concerns that this issue has been continued three times in the past. He suggested that the design be integrated into the building setting. _ CommissionerRomero spoke against the eucalyptus design and was in support of staff recommendations. ' , Commissioner Flores concurred with the statements made by CommissionersFaessel and Romera Commissioner Karaki spoke in favor of a faux-tree design that would accommodate multiple carriers. He specified that the faux-tree must be enhanced and blend into its surroundings. He stated that it would not _ be feasible to integrate the facility into the buildings: • Commissioner Flores spoke against the height of the .proposed facility. Mr. McCafferty stated that there was a decision made by the developer not to integrate the facility into the buildings and now that the buildings are built, without this previously agreed upon facility consideration, they are proposing the faux eucalyptus as the solution. Mr. McCafferty stated that he would go back and work with the applicant again to come up with a satisfactory result with the direction of the Commission. Chairman Eastman agreed by stating that this is a case where the developer made a conscious decision not to erect buildings that would accommodate the required stealth cell tower. She is no4 in favor of the proposed lone faux eucalyptus or any combination of trees as a solution to this situation. She suggested relocation of the telecommunication facility to where there are taller buildings that would lend itself to having a taller tree next to them. She agreed with Mr. McCafferty that it is the responsibility of the developer to honor the agreement that was made with the City to incorporate the telecommunications facility with the buildings' architecture. She stated that she is in favor of a continuance for the item. Chairman Eastman and Commissioner Buffa stressed that time is running out for the period in which the applicant needs to resolve this situation. OPPOSITION: None DISCUSSION TIME: 35 minutes (2:45-3:20) SEPTEMBER 6, 2006 PLANNING COMMISSION MINUTES ~ : A ' TIVE DECLARATION 3a. CEQA NEG Continued to 3b WAIVER OF CODE REQUIREMENT '' September 18, 2006 3c. CONDITIONAL USE PERMIT NO. 2006-05119 Motion: Romero/F'lores Owner: Donald G. Strenk; BP West Coast Products, 4 Centerpointe' Drive, La Palma, CA 90623-1066 vo'rE: 6-0 Agent. Tim Saivar, TW Layman Associates, 16633 Ventura Commissioner velasquez absent Boulevard, # 1320, Encino, CA 91436 ' Location: 700 South State Colleqe Boulevard: Propertyis approximately 0.46-acre and is located at the southeast . corner of State College Boulevard and South Street. Reguest to construct a four (4) unit commercial retail center with waiver of minimum landscape and structural setback: Continued from the August 21, 2006, Planning Commission meeting. ProjectP~annec' ' Conditional Use Permit Resolution No. (jpramirez@anaheim.net) , ~ _ OPPOSITION: None DISCUSSION TIME: This item was not discussed. SEPTEMBER 6; 2006 PLANNING COMMISSION MINUTES ~ 4a. CEQA NEGATIVE DECLARATION Karaki/Flores Approved ( PREVIOUSLY-APPROVED) 4b. CONDITIONAL'USE PERMIT N0. 2003-04663 Karaki Approved reinstatement (TRACKING NO. CUP2006-05112) with deletion of#ime limitation Owner: Trinity Chinese Mennonite Church, 300 North Wilshire : Avenue, Suite 1, Anaheim, CA 92801 VOTE: 6-0 Agent: Joan Tan, 3325 Wilshire Boulevard, Suite 1301, Los Commissionervelasquez Angeles, CA 90010 absent Location: 300 North WilshireAvenue: Property:is approximately 0.43-acre, having a frontage of 170 feet on the north side of Wilshire'Avenue and is located 660 feet southeast of the centerline of Loara Street. Request reinstatemenf of this permit by the modification or deletion of a condition of approval pertaining to a time limitation to retain a previously- approved church within an existing commercial retail center. Project Planner. Conditional Use Permit Resolution No. PC2006-74 ~nixon@ananeim.net) Chairman Eastman opened the public hearing. Jessica Nixon, Assistant Planner, introduced this item and noted staff recommends deletion of the time • limitation. ' ApplicanYs Statement: - , Joan Tan, applicant, spoke in favor of the item and said that she does not expect any major changes in the church's operations. Chairman Eastman addressed the issue of graffiti on the church building and offered solutions on how to best remedy the effects of the graffiti. THE PUBLIC HEARING WAS CLOSED. Commissioner Flores stated that the facility is well maintained but agrees with the comments regarding the graffiti made by Chairman Eastman. Ms. Tan agreed with the solutions suggested by Chairman Eastman. Greg McCafferty noted that Ms. Nixon will coordinate contact between the applicant and #he Community Preservation Department regarding suggested solutions to the issues of graffiti and lighting. Commissioner Romero asked the applicant if they were satisfied with the attendance limitations. Ms. Tan said that she is in compliance with the conditions of approvaL Commissioner Flores suggested that a new sign might be incorporated at the church location. Ms. Tan agreed that when there are sufficient funds available this would be accomplished. • ' : 09-06-06 Page 6 SEPTEMBER 6, 2006 PLANNING COMMISSION MINUTES • OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the'22-day appeal rights ending at 5:00 p.m. on Thursday, September 28, 2006. : DISCUSSION TIME: 9 minutes (3:21-3:30) . ~ SEPTEMBERB, 2006 PLANNING COMMISSION MINUTES • 5a. CEQA NEGATIVE DECLARATION Buffa/Romero (PREVIOUSLY-APPROVED) 5b. CONDITIONAL USE PERMIT N0. 2000-04285 Buffa (TRACKING NO. CUP2006-05122) Owner: Self Serve Auto Dismantlers, ATTN: George Adams 3200 East Frontera Road; Anaheim, CA 92806 Agent: Phil Anthony, 14101 La Pat Place, Unit 1 O, Westminster, CA 92683 Location: 3400 East Frontera Street: Property is approximately 19- acres, having a frontage of 235 feet on the south side of Frontera Street and is located 1;015 feet east of the centerline of Newkirk Road. Approved Approved reinstatement ' with deletion of time limitation Modified Condition No. 5 VOTE: 6-0 - Commissioner Velasquez absent Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a timelimitation to retain a previously- approved outdoor steel and lumber storage yard with an accessory modular office building. Project Planner. Conditional Use Permit Resolution Na PC2006-75 (kwong2@ananeim.net) ,` • Mr. Anthony said that this area is heavily monitored and assured the Commission that there are no negative effects to the ground water basin from this site. Chairman Eastman opened the public hearing. Kimberly Wong, Assistant Planner, introduced this item and noted that staff supports the deletion of the time fimitation for the outdoor steel and lumber storage yard and facility: Applicant's Statement: Philip Anthony, applicant, provided a brief history of the site and noted its successful five year compliance with all conditions set upon it. Commissioner Faessel wanted verification that there is no detrimental water run-off from this property. Commissioner Karaki stated that the site is well maintained and he is impressed with the landscaping along the freeway. Commissioner Romero concurred with the statement made by Commissioner Karaki. Commissioner Buffa noted the successful track record for this facility and suggested modifications to Condition No. 5 to eliminate the monthly inspection requirement and replace it with quarterly inspections by the Community Preservation Division at the applicanYs expense. Chairman Eastman agreed with the suggestion made by Commissioner Buffa and asked staff how they felt regarding this change. Judy Dadant, Senior Planner, said that staff is agreeable with this modification and read it into the record • THE PUBUC HEARING WAS CLOSED. 09-06-06 Page 8 SEPTEMBER 6, 2006 - PLANNING COMMISSION MINUTES • OPPOSITION: None - Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday; September 28, 2006. ` DISCUSSION TIME: 7 minutes (3:31-3:38) r~ ~ J SEPTEMBER 6, 2006 PLANNING COMMISSION MINUTES • 6a. CEQA CATEGORICAL EXEMPT{ON - CLASS 1 Flores/Romero Concurred with staff 6b. CONDITIONAL USE'PERMIT N0. 2003-04714 Flores Approved, in part (TRACKING NO. CUP2006-05110) : Modified Condition No.18 Owner: : Gregory Parkin, 2500 West OrangethorpeAvenue, Fullerton, CA 92833 VOTE: 6-0 Location: 821 South Beach Boulevard: Property is approximately Commissioner velasquez 1.3 acres; having frontages of 192 feet on the west side of ' absent < Beach Boulevard and is located approximately 358 feet north of the centerline of LynroseDrive{Columbo's ltalian Ristorante). Request to amend or delete conditions of approval to permit the sale of alcoholic beverages for on-premises consumption and amendhours of operation for a previously-approved restaurant with sales of beer and wine for on-premises consumption. ~ `Project Planner: Conditional Use Permit Resolution No. PC2006-76 (dnerrick@ananeim.net) Chairman Eastman opened #he public hearing. Della Herrick, Associate Planner, introduced this item and stated that staff recommends approval of the item if the applicant agrees to the modifications. - • ApplicanYs Statement: Gregory Parkin, applicant, spoke in favor of the item and noted that the glass partitions between the individual dining rooms would not be covered which is in agreement with the Anaheim Police Department's request. There was a brief discussion between the Commission, applicant and staff to clarify the reason for the dining room design for the restaurant and the hours of operation. The applicant stated that he is in agreement with all the conditions and recommendations for approval as presented to him. Public Testimony: Maxine Ford, 235 South Beach Boulevard, #M, Anaheim, CA spoke against the restauranYs private dining room configuration and being open past midnight for various reasons. Steve Wozny, 818 South Hayward Street, Anaheim, CA spoke of his concerns about the restaurant serving alcohol past midnight. Greg McCafferty, Principal Planner, stated that staff already has the recommendation of a time limitation to midnight which is in agreement with Mr. Wozny's statement. Mr. Parkin noted for the record that the applicant, Woo Suk Yang, is in agreement with all the recommendations made by staff. He stated that the restaurant will be a high end establishment catering to a specific clientele. There was a discussion between the Commission, applicant and staff regarding interior elevation samples that were supplied by the architect that will be used for the restaurant. • Jud Dadant Senior Planner noted an address correction for the record to reflect 821 South Beach Y ~ , 'Boulevard which will be corrected in the Resolution. She also noted that part of the conditions of 09-06-06 Page 10 SEPTEMBER 6, 2006 PLANNING COMMISSION MINUTES :• approval is to prohibit a physical bar being present in the restaurant as well as the license type being converted from a bar type license. Commissioner Flores agreed with the proposed glass partitions for the separate dining rooms. There was a discussion between the Commission, staff and applicant regarding the verification process to ensure that the restaurant is operating as approved. Also included in the discussion was the verification of operating hours and the possibility of opening earlierthan 6:00 p.m. ' Mr. McCafferty suggested that the option of opening the restaurant earlier for lunch be added at this time so that the applicant does not have to return af a later date for this modification. THE PUBLIC HEARING WAS CLOSED. OPPOSITION: A person spoke in opposition to the subject request. IN SUPPORT: A person spoke in favor, and also expressed concern pertaining to the hours of operation. Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, September28, 2006. ~ DISCUSSION TIME: 24 minutes (3:39-4:03) MEETING ADJOURNED,AT 4:10 P.M. BER 18 AT 10`00 A M TO MONDAY, SEPTEM , 2006 . . FOR A TOUR OF PROJECTS BUILT IN THE CITY AND PRELIMINARY PLAN REVIEW. ~ Respectfully submitted: 0~~..--. Marie Witkay Senior Secretary Received and approved by the Planning Commission on fl c~ o~c r a~- , 2006. r