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Minutes-PC 2007/08/06~,~P~E"" ~q~ City of Anaheim :• r o~ p~ Planning Commission ~ D Minutes . ~~~ ao~ . Mondav, Auqust 6, 2007 e, '~'~~ l$c~`~ Council Chamber, City Hall l~p E~ 200 South Anaheim Boulevard, Anaheim, California Chairman: Kelly Buffa Commissioners Present: Peter Agarwal, Gail Eastman, Stephen Faessel, Panky Romero, Pat Velasquez Commissioners Absent: Joseph Karaki Staff Present: Mark Gordon, Assistant City Attorney Scott Koehm, Associate Planner Judy Dadant, Acting Principal Planner Kimberly Wong, Assistant Planner Dave See, Senior Planner Jamie Lai, Principal Civil Engineer Susan Kim, Senior Planner Elly Morris, Senior Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted • at 2:00 p.m. on Thursday, August 2, 2007, 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, July 12, 2007 • 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) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE AUGUST 6, 2007 AGENDA • Recess To Public Hearing • Reconvene To Public Hearing 2:30 P.M. Attendance: 20 • Pledge Of Allegiance: Commissioner Romero • Public Comments • Consent Calendar • Public Hearing Items • • Adjournment H:\TOOLS\PCADMI N\PCACTIONAGENDA12007MIN UTES~AC080607.DOC AUGUST 6, 2007 PLANNING COMMISSION MINUTES • P.M. Anaheim Pfann~ng Comm~ssion Agenda - 2:30 Items of Pubtic Interest: • A Resolution of Appreciation acknowledging Cecilia Flores for her 4 years of service on the Planning Commission. • Oath or Affirmation of Allegiance: New Planning Commissioner - Peter Agarwai. Public Comments: None Consent Calendar: - Commissioner Eastman offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner Karaki absent), for approval of Consent Calendar; Item 1-A as recommended by staff. Consent Calendar Item 1-B was removed from the Consent Calendar for separate action. UNANIMOUSLY APPROVED ~ Reports and Recommendations 1A.(a) MISCELLANEOUS NO. 2007-00212 Agent: City of Anaheim 200 S. Anaheim Boulevard Anaheim, CA 92805 Location: 1969 South State Colleqe Boulevard G Request to approve the Platinum Triangle Water Supply Assessment Amendment Document. Miscellaneous Resolution No. PC2007-88 ~~ Approved Consent Calendar Approval VOTE: 6-0 Commissioner Karaki absent Project Planner.• (skim@anaheim.net) 08-06-07 Page 2 AUGUST 6, 2007 PLANNING COMMISSION MINUTES • Minutes ~B. Receiving and approving the Minutes from the Planning Commission Meeting of July 23, 2007. (nnotion) , (This item was removed from the Consent Calendar for separate discussion.) Chairman Buffa asked staff to add missing wording from Commissioner Karaki's statement. On page 34, second paragraph, staff needs to add "some of the units in the • project could be affordable units and that it is a matter of public concern and not necessarily for the applicant to answer the question". On page 48, second to last item, ' she posed a question to the audience and closed the public hearing. The question was "Does anyone want to speak on the item" and nobody was there to speak. Commissioner Eastman also wanted to add wording on pages 24, 43 and 44. She marked up the pages and advised she will submit them to staff for correction. DISCUSSION: 2 minutes (2:37-2:39) Approved, with modifications to pages 24, 28, 29, 34, 43, 44 and 48 Motion: Eastman/Velasquez VOTE: 4-0 Commissioners Agarwal and Romero abstained as they were not present for the meeting, and Commissioner Karaki absent. AUGUST 6, 2007 PLANNING COMMISSION MINUTES • li H in 2a. CEQA NEGATIVE DECLARATION Eastman/Romero Approved 2b. GENERAL PLAN AMENDMENT NO. 2007-00455 Eastman Recommended City " , Council Approval ' 2c. RECLASSIFICATION NO.'2007-00198 Eastman Granted 2d. WAIVER OF CODE REQUIREMENT Eastman Approved, in part ` 2e. CONDITIONAL USE PERMIT NO. 2007-05200 Eastman CCranted , 2f. TENTATIVE TRACT MAP NO.17116 Eastmau/Romero Approved Owner: La Vue LLC 30622 La Vue Street Laguna Niguel, CA 92677 CUP : Incorporated modified Agent: Mehdi Ebrahimzadeh conditions of approvai submitted by staff at 30622 La Vue Street today's meeting, and Laguna Niguel, CA 92677 added a condition of approval pertaining to Location: 1556 West Katella Avenue: Property is approximately sidewatks. 0.78-acre, having a frontage of 130 feet on the south side of Katella Avenue and is located 170 feet west ofthe centerline of Bayless Street. ~'~~R Approved waiver of . General Plan Amendment No. 2007-00455 - Re uest to amend the q improvement of private street, and denied'waiver land use element map of the General Plan redesignating the property of distance between from the General Commercial designation to the Low-Medium* Density building walls since it Residential designation. was wit~ctrawn by the ' applicant. Reclassification No. 2007-00198 - Request reclassification of the s4bject property from the T(Transition) zone to the RM-3 (Multiple- vOTE: 6-0 Family Residential) zone. Commissioner Karaki absent Conditional Use Permit No. 2007-05200 - Request to construct a 14- unit attached residential planned unit development with modification to ' development standards and waiver of setback befinreen buildings and improvement of private street Tentative Tract Map No. 17116 - To establish a 1-1ot, 14-unit airspace attached residential condominium subdivision. *Advertised as "Medium". Continued from the July 9 and July 23, 2007, Planning Commission meeting. •, Generat Plan Amendment No. PC2~,007~9 Reclassification Resolution No. PC2007-90 ProiecrP~a„-,e~~ pcwon92@ananeim.net) Conditional Use Permit Resolution No. PC2007-91 08-06-07 ' Page 4 AUGUST 6, 2007 PLANNING COMMI3SION MINUTES • Chairman Buffa opened the public hear~ng. Kimberly Wong, Assistant Planner, presented the staff report. Commissioner Eastman asked if there were any color and material boards. Staff presented the colors and materials board to the Commission. Pat McGuigan, with LaVue through Chessen & Associates, 5642 Keelson Avenue, Santa Ana, CA, represents White Oak Village, a vacant lot adjacent to the flood channel. She gave a brief physical description of the project. They met with a neighbor who had concerns about the project, and in doing so, decided to lower the units +n the back so that the third floor doesn't overlook his property. Also, they will place mature Italian Cypress trees along the entire length of the west boundary along his property. They have also minimized use of windows and will use opaque glass wherever necessary. She stated the main issue of concern is a private street within the complex. They have satisfied the requirements for safety and trash pick-up. Because the width of the lot is extremely narrow and deep, it is impossible to have a 6-foot sidewalk, let alane a parkway strip. • She wanted Commission to know that this development has considerably lower density than what is allowed. They have market surveys to show that residents would rather have usable backyard than sidewalks. There will only be 14 units and they don't anticipate a lot of traffic or any thru traffic. They respectfully request approval of the project. Ms. Donna Chessen, Chessen and Associates, advised she was available for any questions. Chairman Buffa closed the public hearing. Commissioner Eastman asked for clarification on the elevation rendering because it seemed different from what they saw in the preliminary meeting. Ms. Chessen stated the rendering was done before they met with the neighbor. They moved the 3 story to the north side and kept 2 stories in front of the residents. They have not received the new renderings yet. Commissioner Eastman asked what will be seen when they drive down Katella. Mr. George Benham, Architect, stated they moved the 3 story to accommodate the neighbor. The third story is set back so that there is not a 3 story frontage. The side ~ elevation shows that the third floor is shifted and set back. 0$-06-07 Page 5 AUGUST 6, 2007 PLANNING COMMISSION MINUTES • Commissioner Eastman wanted to make sure thatthe rendering the Commission has is the latest rendering of what they will see in terms of front design. She is concerned about the end view that faces Katella. Mr. Benham advised they may not have the latest one because of the meeting with the neighbor and they haven't gotten the new rendering yet. He advised the third floor is Jogged to the back. Judy Dadant, Acting Principal Planner confirmed that the: plans that Commission has for review are the latest plans that were submitted to staff which were received on Tuesday of last week. Commissioner Eastman asked about the covered balcony that is not on'the plans. Chairman Buffa clarified that Commission is confused because the floor plans do not match the elevations. Mr. Benham stated the balcony does not face any of the residential area. Commissioner Velasquez stated it is important to know what they look like and she suggested moving forward and letting staff make the decision on the final rendering. ~ Mr. Benham clarified that it was the side of the balcony. Commissioner Eastman stated she understood. She commented she was glad to see that the bathroom windows didn't reflect what they previously talked about. Chairman Buffa asked about the red barrel tile roof with siding and river rock and questioned its compatibility. Mr. Benham advised it will be substituted with flat tiles. Commissioner Romero asked staff what is the density requirement. Ms. Dadant clarified that the Code allows a maximum density of 18 dwelling units per acre for this site which is a maximum of 14 units. This proposal is for 14 units; therefore, the proposed density is 17.7 dweAing units per acre. It is not below density, it is right at the density permitted on this property. Commissioner Faessel asked staff about the minimum requirement and whether it is a private street or private driveway. Jamie Lai, Principaf Civil Engineer, indicated it is a private street per Standard Details. Commissioner Faessel asked to state details for the record. • 08-06-07 Page 6 AUGUST 6, 2007 PLANNING COMMISSION MINUTES • Ms: Lai advised that Standard Detail 162 states that deve{opments greater than 4 units is 2$feet, curb tb curb, with a 6-foot parkwa y and 4-foot sidewalk on each side of the street. ' Commissioner Faessel stated the plan is approximately that with the exception of the sidewalk and landscaped area and Jamie Lai confirmed that is correct. Commissioner Velasquez asked if Commission had the wrong renderings. ' - Chairman Buffa advised they are correct; there is just an error on the colored materials board. ~ommissioner Romero asked staff about the issue of sidewalk versus no sidewalk and asked if the City ever allowed no sidewalks when there are more than 4 units. Ms. Dadant stated there has been past action where they' have waived a portion of the requirements` by allowing a sidewalk on only one side of the street. Staff would have to research all entitlements to see if there were any other entitlements in the past. Staff doesn't show waivers for that provision of the code. Commissioner Romero asked if code was specific about 4 units or less being a private driveway versus a private street. • Ms. Dadant advised it is an engineering standard detail that requires that. If a project has more than 4 units that are being served by that street, it needs to provide the private street standards including the parkway and sidewalk. Ms. Lai added it is for pedestrian safety to maintain access to the main street. Commissioner Eastman asked if there is a way to justify a waiver in this circumstance to give them more room. Chairman Buffa advised she is strongly in favor of a waiver. She previously lived in a community like this in the past and it worked perfectly fine without sidewalks. This is a small number of units, generating extremely low daily traffic and she is inclined to believe people will be safe walking in the street. She suggested that the planter pockets next to the garage doors and entry sidewalks have plants and landscaping that are kept low so residents can see past it when they back out of the garage. This is such a narrow site that it would be undevelopable if normal street standards are required. This is a neighborhood contained within itself, is a long narrow site and it should be fine; Commissioner Faessel concurred with allowing a variance to allow them to have a slightly narrower drive than what the City code requires. Commissioner Romero also concurred, especially because there is a need for housing ~ in Anaheim and sidewalks would only serve people in the back. He agrees that homeowners value a yard more than a sidewalk. 08-06-07 . ' page 7 AUGUST 6, 2007 PLANNING COMMISSION MINUTES `• imina meetin staff indicated that Commissioner Velasquez thought that in the prel ry g prior projects fiad issues with lack of sidewalks and asked staff to expfain. Ms. Dadant stated other similar projects were required to provide pedestrian access along the driveway or along the ring of the project. This project was designed to have front doors on the back side with sidewalks instead of along the street. Staff'smain concern is having a pathway for pedestrians to get to the street and they do have a 28- foot width. An alternative is to provide enhanced paving leading out towards the street within the private street width so pedestrians are funneled through a pathway instead of walking in the middle of the driveway. It won't require any additional width; just enhanced paving to create a faux sidewalk. Chairman Buffa stated that is a good idea. Mark Gordon, Assistant City Attorney, stated that no project sets a precedence, every project is viewed on its own merits. Chairman Buffa asked if the developer was fine with that condition. Ms. Chessen advised they were fine with it, they really didn't see a safety issue, but will go along with it and thanked staff for their support. • Ms. Dadant clarified that the staff report heading for the General Plan Amendment should state, by resolution and not by motion. Chairman Buffa referred to the conditional use permit and suggested a condition of approval be added regarding the paving treatment to create illusion of a sidewalk. Commissioner Eastman offered a motion, seconded by Commissioner Romero to approve a CEQA Negative Declaration. Motion passed with 6 ayes votes (Commissioner Karaki absent). Commissioner Eastman offered a resolution to approve General Plan Amendment No. 2007-00455. Elly Morris, Senior Secretary, announced that the resolution passed with 6 ayes votes (Commissioner Karaki absent). Commissioner Eastman offered a second resolution to approve Reclassification No. 2007-00198. Elly Morris, Senior Secretary, announced that the resolution passed with 6 ayes votes (Commissioner Karaki absent). • Commissioner Eastman offered a third resolution to approve Conditional Use Permit No. 2007-05200 with the added condition. 08-06-07 Page 8 AUGUST 6, 2007 PLANNING COMMISSION MINUTES ~ EII Morris, Senior Secretary, announced that the resolution passed with 6 ayes votes ' Y (Commissioner Karaki absent).' ' Commissioner Eastman offered a motion, seconded by CommissionerRomero to ' approve Tentative Tract Map No. 171,16. Motion passed with 6 ayes votes (Commissioner Karaki absent). Chairman Buffa asked Mr. Gordon if there was a technical problem with the action taken for the conditional use permit resolution. Mr. Gordon stated it needs to be made clear that this action was to approve a resolution, to approve Conditional Use Permit No. 2007-05200 with the waiver of code requirement as indicated on page 1 of the staff report dated August 6, 2007 for item 2 regarding the impro~ement of private streef. ft includes the added condition concerning the proposed sidewalk as indicated into the record by Chairman Buffa. Jt needs to be clear that itwas the consensus of the Commission in terms of#he approval on this item. The waiver did not involve the distance befinreen buildings because it was withdrawn by" the' applicant. , Chairman Buffa asked if Commission needed to re-vote and Mr. Gordon advised ratification on that action would be appropriate so that it is clear for the record in case - ~ an appeal was filed. Chairman Buffa asked the Commission to revote on item 2d as read into the record by the City Attorney to approve the waiver for the 28-foot wide street with no parkway improvements. Elly Morris, Senior Secretary, announced that the resolution passed with 6 ayes votes (Commissioner Karaki absent). ' OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-day appeal rights for the Tentative Tract Map ending at 5:00 p.m. on Thursday, August 16, 2007, and presented the 22-day appeal rights for the balance of the actions ending at 5:00 p.m. on Tuesday, August 28, 2007. The subject item wil! be scheduled for a public hearing before the City CounciL • DISCUSSION TIME:' 38 minutes (2:40-3:18) 08-06-07 Page 9 AUGUST 6, 2007 PLANNING COMMISSION MINUTES . 3a. ' CEQA CATEGORICAL EXEMPTION-CLASS 3 Velasquez/Faessel Concurred with staff AN D 11 " 3b. CO DN 1TIONAL USE PERMIT NO. 2007-05231 Velasquez Granted Owner: Cornelia Connelly School Added a condition of 2323 West Broadway approval Anaheim, CA 92804-2306 ' VQTE: 6-0 ' Agent: .loseph DeLuCa Sr. Commissioner Karaki PDC Facilities INC. absent 836 West Town and Country Road Orange, CA 92868 - Location: 2323 West Broadwav: Property is approximately 6.5 acres, having a frontage of 454 feet on the north side of Broadway and is located 70 feet east of the centerline of Corner Street. Reguest to permit two (2) modular classrooms for an existing high schooL ~ Project Planner. Conditional Use Permit Resolution Na PC2007-92 (kwong2@anaheim.net) - Chairman Buffa opened the public hearing. : Kimberly Wong, Assistant Planner, presented the staff report. She made a ctarification to page 2 of the staff report indicating that the proposed modular units are not surrounded by existing school buildings, but it is at the rear of the property. She also added an additional condition of approval to read: "That the modular unit shall be removed within 60 days of final occupancy of the gymnasium and art complex". Chairman Buffa closed the public hearing. Commissioner Velasquez offered a motion, seconded by Commissioner Faessel to approve a CEQA Categorical Exemption - Class 3 and 11 under new construction and accessory structures. Motion passed with 6 ayes votes (Commissioner Karaki absent). ,'Commissioner Velasquez offered a resolution to approve Conditional Use Permit Na 2007-05231 with changes as read into the record by staff. Elly Morris, Senior Secretary, announced that the resolution passed with 6 ayes votes • (Commissioner Karaki absent). 08-06-07 Page 10 AUGUST 6, 2007 PLANNING COMMISSION MINUTES • OPPOSITION: None ' Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at S:OO p.m. on Tuesday, August 28, 2007. DISCUSSION TIME: 3 minutes (3:19-3:22) ~ AUGUST 6, 2007 PLANNING COMMISSION MINUTES • 4a. CEQA CATEGORICAL EXEMPTION Velasquez/Eastman Concurred with staff - CLASS 1 4b. CONDITIONAL USE PERMIT NO. 2005-04974 Velasquez Approved reinstatement (TRACKING NO. CUP2007-05223) with deletion of time - limitation Owner: Gock W. Jung 433 South Vicki Lane Anaheim, CA 92804 Agent: Jonathan Hua 12201 Brookhurst Street Garden Grove, CA 92840 Location: 420-504 South Brookhurst Street: Property is approximately 1.5 acres, having a frontage of 305 feet on the east side of Brookhurst Street and is located 492 feet north of the centerline of Orange Avenue. Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation and modification to the hours of operation to retain a restaurant • and banquet facility with on-premises sales and consumption of alcoholic beverages. Conditional Use Permit Resolution No. PC2007-93 Chairman Buffa opened the public hearing. Scott Koehm, Associate Planner, presented the staff report. VOTE: 6-0 Commissioner Karaki absent Project Planner. (skoehm@anaheim.net) Jonathan Hua, 420 S. Brookhurst Street, Anaheim, CA, applicant asked for reinstatement of conditional use permit with modifications to the time. Since he was before Commission finro years ago, they remodeled the restaurant. Alcohol sales are low and they want to change the hours because some brides and grooms request it. Chairman Buffa closed the public hearing. Commissioner Eastman commented that the property looks better than it did before. She asked staff if all code enforcement issues had been addressed. Mr. Koehm indicated that Community Presenration submitted a memo stating that all issues have been addressed and there are no current violations on the property. ~ 08-Q6-07 Page 12 AUGUST 6, 2007 PLANNING COMMISSION MINUTES ~ Commissioner Velasquez offered a motion, seconded by Commissioner Eastman to approve a CEQA Categoricai Exemption - Class 1. Motion passed with 6 ayes votes (Commissioner Karaki absent). Commissioner Velasquez offered a resolution, seconded by Commissioner Eastman to approve the amendment #o Conditional Use Permit No. 2005-04974. Elly Morris, Senior Secretary, announced that the resalution passed with 6 ayes votes (Commissioner Karaki absent). OPPOSITION: None Mark Go'rdon,' Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, August 28, 2007. • DISCUSSION TIME: 4 minutes (3:23-3:27) 08-06-07 Page 13 AUGUST 6, 2007 PLANNING COMMISSION MINUTES • 5a. CEQA CATEGORICAL EXEMPTION FaesseUEastman - CLASS 1 5b. CONDITIONAL USE PERMIT NO. 2007-05205 FaesseT Owner: Juan Reynoso 1739 East Belmont Avenue Anaheim, CA 92805 Agent: Timm Saxton ' 107 South Adams Street Anaheim, CA 92802 Location: 107 South Adams Street: Property is approximately 0.2-acre, having a frontage of 150 feet along the west side of Adams Street and is located 112 feet south of the centerline of Center Street. Request to permit a bar with a cover charge. ~ Conditional Use Permit Resolution No. PC2007-94 Chairman Buffa opened the public hearing. Concurred with staff Granted CUP I Modified Condition Nos. 2& 17 I Added a condition of approval I Deleted Condition Na 8 VOTE: 6-0 Commissioner Karaki absent Project Planner.• (skoehm@anaheim.net) Scott Koehm, Associate Planner, presented the staff report and read into the record a modification to Condition No. 2. Staff recommends an added condition that reads; "That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without issuance of proper permits as required by Title 4 of the Anaheim Municipal Code", which is a standard condition for permits of this type, and staff also recommends deletion of Condition No. 8. Judy Dadant, Acting Principal Planner, read into the record modification to Condition No. 17. Commissioner Romero asked if any other businesses in the City are operating without the necessary permits and asked how to prevent it. Mark Gordon, Assistant City Attorney, responded by having Business License be more diligent in the future. They have processed Title 4 permits on this property on various occasions. Business License would typically maintain vigilance to ensure that permits are being renewed on an annual basis. Dance hall permits do not require renewal once • it is issued, entertainment permits do require annual renewal. Compliance of conditions 08-06-07 Page 14 AUGUST 6„2007 , PLANNING COMMISSION MINUTES ~ of approval are also administered through Business License with the cooperation of Community Preservation and the Police Department. Dirk Belling, 710-A W. Provential Drive, Anaheim, CA, birector of Operations for poll Hut. He gave'a brief history of the business and indicated the desire tto preserve the historic aspect and allow bands to play. He explained without the cover charge, it is difficult to survive on beer sales along. He needs to support the bands by compensating them to play. Chairman Buffa closed the public hearing. Commissioner Velasquez stated she is in favor of approving the applicant's request. Commissioner Eastman commented for the record that she has had a significant number of contacts from people in the historic preservation community. They include people who live close to the Doll Hut, people who have performed there and who have enjoyed new talent perform there and they are all very supportive. She thought they would like to know that they have the support of the community and people have gone forward on their behalf and contacted Commission ahead of time to put in a good word. Commissioner Faessel commented it used to be Sunkist Cafe. He offered a motion, seconded by Commissioner Eastman to approve CEQA Categorical Exemption - Class • 1. Motion passed with 6 ayes votes (Commissioner Karaki absent). Commissioner Faessel offered a resolution, to approve Conditional Use Permit Na 2007-05205 with the corrections and changes previously read into the record by staff. Elly Morris, Senior Secretary, announced that the resolution passed with 6 ayes votes (Commissioner Karaki absent). Commissioner Faessel thanked Scott Koehm for his sensitivity to this historic property. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, August 28, 2007. • DISCUSSION TIME: 10 minutes (3:28-3:38) 08-06-07 Page 15 : AUGUST 6, 2007 PLANNING COMMISSION MINUTES • , 6a. ' CEQA CATEGORICAL EXEMPTION Romero/Eastman Concurred with staff - CLASS 3 , 6b.` CONDITIONAL USE PERMIT N0. 2007-05224 Romero Granted Owner: Anaheim Union High School District vQTE: 6-0 501 Crescent Way Commissioner Karaki Anaheim, CA 92801 absent Agent: John Koos 2923-A Saturn Street Brea, CA 92821 'Location: S01 South Western Avenue: ` Property is approximately 37.4 acres and is located at the northwest corner of Western Avenue and Orange Avenue. Request to construct a telecommunications facility with accessory ground-mounted equipment disguised as a flag pole. ~ Project Planner. • Conditional Use Permit Resolution No. PC2007-95 ~kWOng2~a~ane~m.ner~ Chairman Buffa opened the public hearing. Kimberly Wong, Assistant Planner, presented the staff report. John Koos, 2923-A Saturn Street, Brea, CA, representing Royal Street Communications. Mr. Koos asked if there is a preference for clinging vines or shrubbery or if it would be handled during plan check. Me indicated that he will verify the availability of irrigation with the school district. He said he is in agreement with all the conditions of approvaL Commissioner Faessel asked if the state of the art allows the antenna system to be down to a foot and a half in diameter or is it specific to the Metro PCS system. Mr. Koos replied that the particular antennas that Metro PCS is using is different than the average antennas. They are smaller in terms of width but taller in height. Commissioner Faessel explained Commission sees these telecommunications requests about once a month and if the state of the art is advanced so that the product is becoming smaller, Commission should be put on notice that there may be alternatives '! to making the future antenna structures more inconspicuous. 08-06-07 Page 16 AUGUST 6, 2007 PLANNiNG COMMISSION MINUTES • Mr. Koos didn't want to speak on behalf of other wireless providers because he is so involved with Metro PCS, but it is a fair question for staff to ask as other applications come forward. Commissioner Eastman asked if it will be better looking than other flag poles. Mr. Koos stated the taller the flag pole design is, the: better it looks because they have a natural girth to them. This will fit in because the light standards at the stadium are 85 - 100 feet talL The stadium structure itself also provides a back drop. Chairman Buffa closed the public hearing. Commissioner Romero offered a motion, seconded by Commissioner Eastman to approve CEQA Categorical Exemption - Class 3. Motion passed with 6 ayes votes (Commissioner Karaki absent). Commissioner Romero offered a resolution to approve Conditional Use Permit Na _ 2007-05224. Elly Morris, Senior Secretary, announced that the resolution passed with 6 ayes votes (Commissioner Karaki absent). OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, August 28, 2007. DISCUSSION TIME: 8 minutes (3:39-3:47) ~ 08-06-07 Page 17 AUGUST 6, 2007 PLANNING COMMISSION MINUTES ~ 7a. CEQA NEGATIVE DECLARATION FaesseVEastman (PREVIOUSLY-APPROVED) 7b. WAIVER OF CODE REQUIREMENT FaesseUEastman 7c. CONDITIONAL USE PERMIT NO. 2007-05184 Faessel (TRACK/NG NO. CUP2007-05232) Owner: Roman Catholic Bishop of Orange 2811 East Willa Real Drive Orange, CA 92867 Agent: Bruce Camino 1915 Orangewood Orange, CA 92868 Location: 1450 East La Palma Avenue: Property is approximately 37.4 acres and is located at the northwest corner of Western Avenue and Orange Avenue. ~ Request to amend a previously-approved conditional use permit with waiver of parking lot lighting height adjoining residential property to permit parking lot lights at a church. • Gonditional Use Permit Resolution No. PC2007-96 Chairman Buffa opened the public hearing. Dave See, Senior Planner, presented the staff report. Approved Approved Approved amendment VOTE: 6-0 Commissioner Karaki absent Project Planner.• (dsee@anaheim.net) John McKinney, parishioner at St. Anthony Claret brought his laptop to show pictures which are also included in the Commissioner's packet. They hired an engineer to draw up plans using the 12 foot poles. He presented a chart showing 6 light poles with 2 lights which is more appealing than the 33 poles. He took pictures from the neighbors angle because he wanted to see what the neighbors would see if they looked into the grounds. From one angle one neighbor would see 10 poles. Every neighbor seems to have one 12 foot pole along the wall. Another photo showed the poles scattered to get the light coverage throughout the' lot and against the walL In items three and four of the staff report, staff commented that there would be an adverse impact on the property. His contention is that having all the extra poles up against the property has much more of an adverse impact than the 6 poles that they ~ proposed. 08-06-07 Page 18 AUGUST 6, 2007 ' PLANNING COMMISSION MINUTES • Staff also commented that there are no exceptional or extraordinary circumstances for the property verses property of the same class in the neighborhood. There:are 25-foot pqtes throughout the neighborhood and he feels they are the type of facility where people go to for various reasons and they should be able to enjoy the same privilege. The report further states strict application of the zoning code which would not deprive them of the privileges enjoyed by other properties. He agrees staff isn't preventing them from lighting the property, just making it a lot more difficult.' Regarding the light intrusion or glare, one of his charts shows the nearest light fixture is 44 feet from the neighbors and the others are over twice that far away. ln reality they are about 60-70 feet away from the houses. The chart also shows an enlarged fixture " with a drop down shield #hat will be used to totally block the light from the neighbors so that they can't see the bulbs or reflection of the light. The light will still be projected down on the property. Chairman Buffa stated the land height is 25 feet and light is spilling over the fence. She asked if the shield would reduce the lighf so that it didn't seem 25 feet high. Mr. McKinney stated that was correct. He explained how the reflector works to keep the light reflected downward towards their property. He referred to his chart and showed the 12 foot poles that may actually be 15 feet because they are set on a 3-foot base and - ` how his placement and number of poles is less visible. He also stated that the amount -, of power is almost finrice as much with the 12 foot poles. Regarding the parking space elimination, if they went to 12 foot poles it would probably take away ten of their parking spaces. Regarding the safety of parishioners, 33 poles would provide more opportunity for people to run or walk into them. As for the cost and installation inconvenience, they estimate it would cost about $50,000 more due to the trenching and construction of additional bases. He asks for approval of this variance. He has spoken to many neighbors and none of them are objecting. He provided a petition with signatures in fiavor of the request. Commissioner Romero asked when the lights will be on and are the neighbors in the back aware of them. Mr. McKinney advised they will be on a combination photocelUtimer. Depending on the Police Department, there will be low level lighting after 2 o'clock or whatever time the police department wants. The neighbors know that some of the lights will be on all the time and not just for church services. One neighbor asked to keep the lights on because it provides light and security for his yard. Commissioner Faessel asked if Mr. McKinney was empowered by the pastor to effect any changes'that the Planning Commission may or may not direct him to. He asked if Mr. McKinney is a lighting engineer. ~ , 08-06-07 Page 19 AUGUST 6, 2007 PLANNING COMMISSION MfNUTES • Mr. McKinney stated that based on the meeting's outcome, he will draw plans, have them signed off by a professional engineer then submit them to the department for approvaL He is not a registered professional engineer, he is a systems engineer but can draw plans. Commissioner Faessel just wanted to make sure that Mr. McKinney is empowered on behalf of the parish to accept or deny any suggestions or restrictions that the Planning Commission may pose. Mr. McKinney assured that the pastor has asked him to get the project approved and going. Commissioner Agarwal asked what calculations were used to project the line-of-sight into the neighbor's yard. Mr. McKinney advised he used regular geometry on the picture itse{f and the physical directional properties of light and the control with reflectors. Commissioner Agarwal clarified that no modeling was done, that he just drew a line 25 feet into the neighbor's yard. Mr. McKinney stated that was correct. He explained how he did it with geometry. ~ Commissioner Agarwal asked if installing the shield was defeating the purpose of shining the light over a large area. Mr. McKinney advised that if a custom shield is designed properly by a lighting manufacturer, it will not take away light, it will only change the direction of it. He used his hand in an example. Commissioner Agarwal stated that was his point, once the shield is on, some of the light would be lost and it would focus the light to a smaller area. Mr. McKinney explained that he is focusing the light where he needs it instead of spilling over to the neighbor. The shield reflects by changing the light pattern and increasing the light in a particular area. Commissioner Eastman stated she was concerned about the neighbors behind the church and is glad he brought the neighbor's signatures. She approves, but is concerned that all the fixtures are uniform. Mr. McKinney stated there is one existing pole in the front part of the property. He is working with the manufacturer to make sure that it has coverage comparable to those fixtures that are there. The fixtures on that pole are unique, and would be the only light pole/fixture combination that would be different than the new ones. They will all be the ~ same, if possible. He plans to put the same type of fixture on that pole. He hasn't gotten assurance from tfie manufacturers yet. The backlights are off and only turned 08-06-07 Page 20 AUGUST 6,'2007 PLANNING COMMISSION MINUTES • on when there is a function. They do not plan to light up the lot if there are no cars back there and it's locked up. Commissioner Eastman stated she is ready to support the request. Chairman Buffa closed'the public hearing. Commissioner Faessel asked to go back to overall plot plan and identify where the existing fixtures along the west wall were located and if it was the intent to continue to use it. Mr. McKinney pointed out two fixtures along the wall that will continue to be utilized. Commissioner Faessel offered a motion, seconded by Commissioner Eastman to approve the previously approved CEQA Negative Declaration. 'Motion passed with 6 ayes votes (Commissioner Karaki absent). Mark Gordon, Assistant City Attorney, suggested a change if the Commission were to approve this request. He recommends that immediately following the conditions of approval that a sentence be added to read: "Be it further resolved that except as amended herein Resolution No. PC2007-21 remain in full force and effect". He explained the reason for the addition. ~ Chairman Buffa stated it would be helpful to state why Commission is approving the request so that there are findings on the record and asked Commissioner Faessel if he wanted to do that. Commissioner Faessel deferred to the Chairman. Chairman Buffa stated they want to approve the request because Mr. McKinney did a great job explaining how light can be blocked from the neighbors. The neighbors have all indicated they support the church's request. That information was not known for the staff report. It is helpful when the applicant demonstrates community supporE. The written hand out that the applicant provided answered questions that were asked in the preliminary meetir-g and it provides something in writing that can be attached to the record to help support the decision. Commissioner Faessel offered a resolution, based on today's written and verbal testimony, to approve the amendment to Conditionaf Use Permit No. 2007-05184 and take action to amend the prior Commission action as recommended by Mr. Gordon. Elly Morris, Senior Secretary, announced that the resolution passed with 6 ayes votes (Commissioner Karaki absent). AUGUST 6, 2007 PLANNING COMMISSION MINUTES • OPPOSITION: None IN SUPPORT: A petition was submitted by the appiicant with 9 6 signatures in favor pf the subject request. ' Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, August 28,2007. ' DISCUSSION TIME: 36 minutes (3:48-424) RespectFully submitted: , ~.y ~ j~~~ ~~ Simonne Fannin P/T Senior Office Speciatist ' ~ ` Received and approved by the Planning Commission on .` ~uS o~ ~, 2007.