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Minutes-PC 2006/11/13P~~,NEI~, ~~~ City of Anaheim ~ ~~ : r~ Plannin Commission ,,r ~ g ~ :z Minutes ~ ~ , ~ ~~~~~ . Mondav, November 13, 2006 - . , e~ '{'~~ l$c~~ Downtown Community Center, Assembly Hall "A" ND`ED 250 East Center Street, Anaheim, California CHAIRMAN: GAIL EASTMAN Commissioners Present: KELLY BUFFA, STEPHEN FAESSEL, JOSEPH KARAKI, PANKY ROMERO Commissioners Absent: CECILIA FLORES, PAT VELASQUEZ Staff Present: Mark Gordon, Assistant City Attorney ' Scott Koehm, Associate Planner Greg'McCafferty, Principal Planner Jessica Nixon, Assistant Planner Judy Dadant, Senior Planner Jamie Lai, Associate Engineer - Della Herrick, Associate Planner Elly Morris, Senior Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 10:00 a.m. ~ on Thursday, November 9, 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, October 19, 2006 • Call To Order Preliminary Plan Review 2:00 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 13, 2006 AGENDA • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:30 P.M. Attendance: 1 S For record keepinp purnoses, if vou wish to make a statement reqardinp anv item on the aqenda, p/ease complete a speaker card in advance and submit it to the secretarv. • Pledge Of Allegiance: Commissioner Karaki • Public Comments • Consent Calendar • Public Hearing ltems • Adjournment ~ You may leave a message for the Planning Commission using the following ' ° e-mail address planninacommission(aaanaheim.net H:\TOO LS\PCAD M I NU'CM I N IACT12006M I N UTESW C 111306. DOC NOVEMBER 13, 2006 PLANN(NG COMMfSSION 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 Faessel offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioners Flores and Velasquez absent), for approval of Consent Calendar Item 1-A as recommended by staff. Consent Calendar Items 1-6 through 1-D were continued as requested by staff. UNANIMOUSLY APPROVED ' Reports and Recommendations 1A.(a) CEQA NEGA7IVE DECLARATION (PREVIOUSLY-APPROVED) Approved retroactive ~ (b) CONDITIONAL USE PERMIT NO. 200404847 extension of time for 1 year, (Tracking No. CUP2006-05166) (to expire on October 4, 2007) Agent: Elisa Stipkovich, Anaheim Redevelopment Agency, 201 S. Anaheim Boulevard, Anaheim, CA 92805 Consent Calendar Approval Location: 1501 West Lincoln Avenue: Property consists of multiple properties and is approximately 3.29 acres, having frontages of 460 voTE: 5-0 feet on the north side of Lincoln Avenue and 210 feet on the east side Commissioners Flores and of Loara Street and is located at the northeast corner of Lincoln velasquez absent Avenue and Loara Street. City-initiated (Community Development Department) request for a retroactive time extension to comply with conditions of approval to establish an automotive sales dealership with automotive repair and a freeway-oriented sign and to replace an existing legal nonconforming Pro~ectPianner. freestanding (monopole) felecommunications facility with a femporary ~asee@ananeim.net) telecommunications facility with waivers. ~ 11-13-06 , Page 2 NOVEMBER 13, 2006 PLANNING COMMISSION MINUTES • ~~$ 1 B. Receiving and approving the Minutes from the Planning Commission Continued to Meeting of October 2, 2006. (Motion) November 27, 2006 Continued from the October 16 and 30, 2006, Planning Commission meetings. - Consent Calendar Approval VOTE: 5-~ Commissioners Flores and Velasquez absent 1 C. Receiving and approving the Minutes from the Planning Commission Continued to Meeting of October 16, 2006. (Motion) November 27, 2006 Continued from the October 30, 2006, Planning Commission meeting. , Consent Calendar Approval ' VOTE: 5-0 ' Commissioners Flores and Velasquez absent , ~ 1D. Receiving and approving the Minutes from the Planning Commission Continued to Meeting of October 30, 2006. (Motion) November 27, 2006 Consent Calendar Approval VOTE: 5-0 Commissioners Flores and Velasquez absent NOVEMBER 13, 2006 PLANNING COMMISSION MINUTES i Public Hearina Items: 2a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Continued to 2b. CONDITIONAL USE PERMIT NO. 2006-05141 December 11, 2006 Owner: Byzantine Catholic Bishop, 995 North West Street, Anaheim, CA 92801-4305 _ Motion: suffa/Karaki Agent: John Austin, 7rillium Consulting, 5912 Bolsa Avenue, Suite voTE: 5-0 202, Huntington Beach, CA 92649 ' Commissioners Flores and Velasquez absent Locationc , 995 North West Street: Property is approximately 2.5 aving frontages of 222 feet on the west side of ' acres, h { West Street and is located approximately 597 feet south of the centerline of La Palma Avenue. Request topermit a stealth building-mounted telecommunications facility and accessory ground-mounted equipment in conjunction with an existing _ church facility. Continued from the October 16, 2006, Planning Commission meeting. Conditional Use Permit Resolution No. ProiecrP~anner. (vnorwood@anaheim.net) , ~ OPPOSlTION: None DISCUSSION TIME: i'his item was not discussed. I~OVEMBER93, 2006 PLANNING COMMISSION MINUTES '~ 3a. CEQA NEGATIVE DECLARATION* RomeroBuffa Approved (PREVIOUSLY-APPROVED) 3b. CONDITIONAL USE PERMIT NO. 2001-04412 Romero Approved reinsfatement (TRACKING N0. CUP2006-05131) for 5 years (to expire on _ August 13, 2011) Owner: Orange County Water District, Donald Jackson, P.O. Box 8300, Fountain Valley, CA 92728 VOTE: 5-0 Agent: Dan Copp Crushing, Karen Ayers,'1300 North Hancock commissioners Flores a~a Street, Unit B, Anaheim; CA 92807 ' Velasquez absent Location: 1120 North Richfield Road: Property is approximately 6 ' acres, having a frontage of 650 feet on the east side of Richfield Road and is located 1;280 feet south of the centerline of La Palma Avenue (Dan Copp Crushing Corporation, Inc.). Request xeinstatement of this permit by the modification or deletion of a - condition of approval pertaining to a timeJimitation#o retain a previously- ' approved concrete processing facility. "` Advertised as Mitigated Negative Declaratiory Project Planner. ` Conditional Use Permit Resolution No. PC2006-100 (skoehm@anaheim.net) ~ Chairman Eastman opened the public hearing. Scott Koehm, Associate Planner, introduced this item and presented photos of the site. He stated staff created a draft condition of approval in response to issues with dust from the site. Applicant's Statement: Roger Robley, RGP Planning, representing Dan Copp Crushing, applicant, asked if the 5-year extension from the date of the resolution which is August 13, 2006, stays the same or would it be updated to today's date. Judy Dadant, Senior Planner stated typically the date from reinstatement is the original approval date of the initial approval, therefore, would be August 13tn Commissioner Faessel noted that Sara Pashalides in the Community Development Department recommends the use be permitted to be continued for an additional five years and that there are other permanent permitted uses that support and promote objectives of the Canyon Industrial Area. Commissioner Faessel wanted to clarify that those uses are for at least five years. Scott Koehm, Associate Planner, indicated yes. : Commissioner Romero asked what precautions they are taking to ensure the dust issue is taken care of. Mr. Robley stated the entrance has a rumble guard and metal bars to shake dust off the trucks tires, site is watered down with a dust retardant, trucks are required to cover their ioads, and entire access road is swept three times a week. ~ 11-13-06 : ' Page 5 - NOVEMBER 13, 2006 PLANNING COMM18StON MINUTES ~ Commissioner Faessel wanted to make sure material is inert and that there is no runoff contamination to ground water. Mr. Robley stated it is all inert and there is no contamination. THE PUBUC HEARING WAS CLOSED. OPPOSITION: One phone call received in opposition as stated by staff at the Planning Commission meeting of October 16,`2006. Mark Gordon, Assistant City Attorney,presented the 22-day appeal rights ending at S:OO p.m. on Tuesday, December 5; 2006. DISCUSSION TIME: 9 minutes (2:40-2:49) f~ ~ ~ - ~ .. ~ ~ . ~ . ~. . . . . . .~ . .. .. ~ ~ ., . . . ~ ~ ~ . 11-13-06 Page 6 NOVEMBER 13, 2006 PLANNING COMMISSION MINUTES • 4a. CEQA NEGATIVE DECLARATION Buffa/Faessel _ Approved 1PREVIOUSLY-APPROVED) . 4b. CONDITIONAL USE PERMIT N0. 2001-04363 Buffa Approved reinstatement (TRACKING NO. CUP2006-05140) - with deletion of time limitation ' Owner: Lincoln Partnership, P.O. Box 1151, Agoura Hills, CA 91376 voTE: 5-0 Commissioners Flores and Agent: Larry Tepper, P.O: Box 1151, Agoura Hilis, CA 91376 velasquezabsenr Location: 3440 West Lincoln Avenue: Property is approximately 1.2 acres and is located south of the southeast corner of Knott Avenue and Lincoln Avenue, having a frontage'of 253 feet on the east side of Knott Avenue. Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation, to retain a previously- approved stealth ground-mounted telecommunications facility. Project Planner. Conditional Use Permit Resolution No. PC2006-101 ' (skoenm@ananeim.net) ~ ~ Chairman Eastrrran opened the public hearing. Scott Koehm, Associate Planner, introduced this item and stated the facility is operating within compliance of all conditions of approval, therefore staff approves the reinstatement of the permit without a time limitation. No comments were indicated by the applicant. TNE 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, Decerriber 5, 2006. DiSCUSSION TIME: 3 minutes (2:50-2:53) NOVEMBER 13, 2006 PLANNING COMMISSION MINUTES • v 5a. CEQA NEGATIVE'DECLARATION FaesseURomero ; Appro ed (PREVIOUSLY-APPROVED) 5b. CONDI710NAL USE PERMIT N0. 4175' Faessel Approved reinstatement (TRACKING NO. CUP2006-05133) ' with deletion of time limitation Owner: Helmut Fetter, 2221 East Vermont Avenue, Anaheim, CA 92806 VOTE: 5-0 Commissioners Flores and ' ' Agent: James M. Hahn; 1037 South Matthew Way, Anaheim, CA velasqueZ absent 92808 Location: 825 North Euclid Street. Suite D: Property is ' approximately 0.69-acre, having frontages of 132 feet on the west side of Euclid Street and is located approximately : 175 feet north of the centerline of Glenoaks Avenue (Kim's Acupressure). Request reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limifation, to retain a previously- : approved acupressure (massage) facility within an existing commercial retail center. Pro~ecrP-anner: : Conditional Use Permit Resolution No. PC2006-102 Gn~xon@anahe~m.net) ~ Chairman Eastman opened the public hearing. Jessica Nixon; Assistant Planner, introduced this item and stated the business is in compliance with all conditions of approval and staff recommends reinstatement of the permit without a time limitation. No comments were indicated by the applicant. THE PUBLIC HEARING WAS CLOSED. Commissioner Faessel wanted to reconfirm that there have been no concems from the neighborhood or the West Anaheim Neighborhood Development CounciL Ms. Nixon advised that staff has received no opposition to the request. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, December 5, 2006: DISCUSSION TIME: 2 minutes (2:54-2:56) ~ _ 11-13-06 - Page 8 " NOVEMBER 13, 2006 PLANNING COMMISSION MINU7ES ~ 6a. CEQA NEGA7IVE DECLARATION Karaki/Romero Approved ~ 6b. WAIVER OF CODE REQUIREMENT : Approved, in part 6c. CONDITIONAL USE PERMIT N0. 2006-05144 Karaki Granted : WANERS Owner: Eparchy of Our Lady of Lebanon, Saint John Maron Approved waivers (a), (b), (c), (d) Church, 1546 East La Palma Avenue, Anaheim; CA 92805 and ( fl. Motion: Karaki/Romero Agent: Reverend Antonine Bakh, 1546 East La Palma Avenue, Denied waiver (e) based upon the Anaheim, CA 92805 findings in the staflfreport and , drati resolution. Location: 1546 East La Palma Avenue: Property is'approximately Motion: Karaki/Faesset 1.32 acres, having a frontage of 255 feet on the south side of La Palma Avenue and is located 130 feet east of the centerline of Anna Drive (St. John Maron Church). ~~' Modified Condition Nos. 2 and i l; added a condition of approval Request to expand an existing church with waivers of (a) maximum ` structural height, (b) minimum front yard setback, (c) minimum side and VoTE: 5-0 rear yard setback, (d) minimum number of parking spaces, (e) pe1'mitted Commissioners Flores and identification sign; and (~ maximum fence height. Velasquez absent Conditional Use Permit Resolution No. PC2006-103 Projecf Plannec (dhemck@anaheim. net) ~~ ~ Chairman Eastman opened the public hearing. Della Herrick, Associate Planner, introduced this item and stated staff fee(s that exceeding the structural , height would be compatible with existing church building and would not negatively impact the surrounding properties, and is concemed with providing adequate on-site stacking distance if a gate is proposed at the property line. Staff recommends the fence be lowered to 3 feet in height to comply with code or relocate fence along the building to maintain openness of the frant setback and recommends denial of this waiver. Staff recommends a modification to Condition No. 2 regarding the hours of operation fo be limited to 8:30 a.m. until 11:00 p.m., seven days a week except for speciat church holidays and special rrteetings. ApplicanYs Statement: Tom Farrage, Partner at Nakao 8~ Farrage Architect. Stated he is present to answer any questions from Commission, and has brought two boards for Commission to review. Pastor Antonine Bakh, applicant, sfated they wanted a 6-foot fence to prohibit kids from jumping over the fence. There's also gang activity in the area and cars have been broken into. A high fence will help with security and limit movement through the property. Commissioner Buffa asked the applicant about the location of the fence. Pastor Antonine Bakh responded it is along the front of the property and people go through the church property to go over the fence in the back. Chairman Eastman asked what the difference is and how many feet we are dealing with between where ~ the church wants to put it and where staff is saying it should be to comply with Code. 11-13-06 Page 9 ' NOVEMBER 13, 2006 PLANNING COMMISSION MINUTES Mr. Farrage stated they complied with Tra~c Engineer's line of site which is 7#eet in and 50 feet in either ~ direction to be a61e to see pedestrians. He isn't sure about the staff recommendation to setback the rest of the fence because it would eliminate quite a#ew parking spaces. The block walf is too easy to go over and they have become the main access when the park is closed. Chairman Eastman clarified that on the weekends there is no access from La Palma Avenue into that playground and athletic fields. Mr. Farrage sfated this is the back short cut in to the park. , THE PUBLIC HEARING WAS CLOSED: Mr. Farrage explained wherethey were putting the fence, the'line of sight and parking impacts. They discussed differenf possibilities for the fence location without losing parking. ; - Judy Dadant, Senior Planner, explained for the public record, what the standard is for the line of site. ` Greg McCafferty, Principal Planner explained if the appropriate findings for the height of the fence at it's location carrbe made, all staff would be concerned about is adequate stacking, and line of site and staff can work with the applicant with that at the final site plan stage to make sure that if they have to relocate the fence back in a limited area, that the parking lot would not be divided to lose the parking spaces. Commissioner Karaki stated if gate is open during business hours, there is no stacking: Ms. Dadant explained the first person who gets on site must unlock the gate and would be in the public right-of-way while they unlock the gate. Staff wants to make sure that they'are safe as they exit their car to unlock the gate. ~ Chairman Eastman stated there is irregularity in their fences, a stepping effect and she would like to see ~ a plan for conformity. Commissioner Faessel stated his concern is not the size but the placement of the fence on the property and feels it needs to go back before staff for a resolution. He supports everything else but the fence issue. Chairman Eastman stated she understands the safety and security issue and it is grounds for extra consideration with the code. She is supportive of granting the fence height waiver because it is between 2 areas that have pretty high fencing and is consistent with properties on either side. : Mr. McCafferty stated they can tie in the fences on either side as privileges enjoyed by adjacent properties. - It may help the Commission to support the height waiver by taking into consideration the irregular shape, especially along La Palma Avenue, and the difficulty to place a fence such that it meets the setback requirements given the constraints of the site and the building placement. Commissioner Buffa suggested installing a remote control for the gate so it can be opened before pulling into the property. Mc Farrage advised they have allowed for that on the plan, it shows the motors and in addition it is 2 small fences for greater opening at a quicker speed. There will be key pad and remote controL Mark Gordon, Assistant City Attorney stated they should lend this to the discretion of the Traffic Engineer with respect to final approval of any gate option. Traffic Engineering has to approve any gate across any of the driveway entrances and at that particular time, if it were appropriate to require some mechanized entry to facilitate traffic, it could be considered by Traffic Engineering in lieu of a prohibition or disallowance of the gate at that location. ~ 11-13-06 : ~ Page 10 NOVEMBER 13, 2006 ' PLANNING COMMISSION MINUTES ~ Ms. Dadant, Senior Planner explained how they would reword conditions regarding the fence location and height. , ,. Mr. McCafferty indicated they would add an additional condition stating any gates installed at the driveway along La Palma Avenue shall be in compliance with the Engineering Standard pertaining to the ` location and access of the gates. Ms. Dadant'asked Commission for clarification regarding modification forthe easterly fence which is 3 feet which steps up to 6 feet. Does Commission want fence replaced entirefy with a 6-foot high wrought iron or add wrought iron on top of existing block: Commissioner Faessel stated it would be most desirable to replace instead of trying to add decorative fencing on top of a block walL Chairman Eastman stated it should be left up to the applicantto work it out so it is consistent. Ms. Dadant stated she would like to add "said fence shall inc(ude modification of the existing 3 foot high block wall afong the east property line along La Palma Avenue to match the proposed fence" to Condition No. 11. Mr. Farrage wanted to clarify that it was just where fence stepped and not the entire fence. Ms. Dadant advised it is the 3-foot high block wall portion. Commissioner Buffa wanted to verify that staff is modifying Condition No. 11, and adding a new condition of approval regarding working with Engineering. Ms. Dadant stated that was correct. ~ s I tion Condition No. 2 concernin Mr. Gordon advised that there are three changes to the proposed re o u , g hours of operation, Condition Na 11 conceming issues pe~taining to site distance visibility for sign and wall fence location, as well as a new condition of approval being added concerning the gating across the driveway entrances. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, December 5, 2006. ~ DISCUSSION TIME: 50 minutes (2:57-3:47) NOVEMBER 13, 2006 PLANNING COMMISSION MINUTES ~ 7a. CEQA NEGATIVE DECLARATION Continued to 7b. CONDITIONAL USE PERMIT NO. 2006-05148 November 27, 2006 Owner: Jewel Menth FamilyTrust, Attn: Jewel Menth, 2983 East Miraloma Avenue, Anaheim, CA 92808-1805 1Kotionc Romero/Faesse~ Agent: Don Dormeyer, 2680 North.'Glenside, Orange, CA 92865 - VO'rE: 5-0 Commissioners Flores and Location:' 2983 East Miraloma Avenue: Property is approximately velasquez absent 0.71-acre, having frontages of 172 feet on the east side of Red Gum Street and 175 feef on the north side of Miraloma Avenue and is located at the northeast corner of Miraloma : Avenue and Red Gum Street (Red Gum Creative Campus). Requesfto permit a photo-studio and caretaker's unit. Conditional Use Permit Resolution Na ProjecEPiannec Qpramirez@anaheim.net) OPPOSITION: None ~` l/'~ DISCUSSION TIME: This item was not discussed. NOVEMBER 13, 2006 PLANNING COMMISSION MINUTES 8a. CEQA NEGATIVE DECLARATION Continued to ~ 8b. RECLASSIFICATION N0. 2006-00187 November 27, 2006 8c. CONDITIONAL USE PERMITNO. 2006-05150 8d. TENTATIVE TRACT MAP N0.17081 Motion: Buffa/Eastman Owner: Manasseh and Magdy Bareh, Attn: Mike Bareh, P.O. Box 10038, Costa Mesa, CA 92627 voTE: s-o CommissionersFlores and Location: 3319 & 3321 West Lincoln Avenue: Property is Velasquez absent approximately 0.83-acre, having a frontage of 122 feet on the north side of Lincoln Avenue and is located 174 feet west of the centerline of Westchester Drive. ~ Reclassification No. 2006-00187 - Request reclassification of the subject property from the GG (Generaf Commercia(} ione to the RM-3 ' (Multiple-Family Residential) zone, or a less intense zone. Conditional Use Permit No. 2006-05150 - Request to construct a 12- unit attached single family residential planned unit development. : Tentative Tract Map No.17081 - To establish a 1-1ot, 92-unit airspace attached single family residential condominium subdivision.' ReCIaSSifiCatlOnReSOlution No. ProjectPlanner. Conditional Use Permit Resolution Na (ipramirez@ananeim.net~ i OPPOSITION: None DISCUSSION TIME: This item was not discussed. Received and approved by the Planning Commission on ~c~~ca.,,r.~, 2007.