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Minutes-PC 2008/10/27Caty of na ei lan~on o i~~~on : __ ~ n utes nAondav, October 27, 2008 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Commissioners Present: Chairman Pro-Tempore: Panky Romero Peter Agarwal, Kelly Buffa, Gail Eastman, Stephen Faessel, Victoria Ramirez Commissioners Absent: Chairman Joseph Karaki Staff Present: CJ Amstrup, Planning Services Manager Raul Garcia, Principal Civil Engineer Ted White, Senior Planner David Kennedy, Associate Transportation Planner Mark Gordon, Assistant City Attorney Ossie Edmundson, Senior Secretary Della Herrick, Associate Planner Elly Morris, Secretary Elaine Thienprasiddhi, Associate Planner ponna Patino, Secretary Kimberly Wong, Planner Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 10:00 a.m. on Thursday, October 23, 2008, inside the display case located in the foyer of the Council Chamber, and also in the outside display kiosk. Published: Anaheim Bulletin Newspaper on Thursday, Octobe~ 16, 2008 • Call to Order • Preliminary Plan Review 1:30 P.M. ~ STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQU~STED BY PLANNING COMMISSION) ~ PRELIMINARY PLAN REVIEW FOR ITEMS ON THE OCTOBER 27, 2008 AGENDA • Recess to Public Hearing • Reconvene to Public Hearing 2:30 P.M. Attendance: 23 • Pledge of Allegiance: Commissioner Eastman • Public Comments • Consent Calendar • Public Hearing Items • Adjournment OCTOBER 27, 2008 PLANNING COMII~ISSION ACTION AGENDA Anaheim Planning Commission Agenda - 2:30 P.IVI. _. Public Comments: None Consent Calendar: Commissioner Faessel offered a motion, seconded by Cornmissioner Eastman and MOTION CARRIED (Commissioners Agarwal and Buffa abstained, and Chairman Karaki absent), for approval of Consent Calendar Item 1A as recomrnended by staff. UNANIMOUSLY APP'ROVED Minutes ITENI 1 A Receiving and approving the Minutes from the Planning Commission Meeting of October 13, 2008. (Motion) NOTE: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department. Consent Calendar Approval VOTE: 4-0 Commissioners Agarwal and Buffa abstained. Chairman Karaki absent. 10/27/08 Page 2 of 18 OCTOBER 27, 2008 PLANNING COMMISSIOM ACTION AGENDA Public Hearina Items: ITEM NO. 2 CEQA NEGATIVE DECLARATION. CONDITIONAL USE PERMIT NO. 2007-05236 Owner: Kim A Waldheim WW Investment Properties, LLC 209 Barkley Road Georgetown, KY 40324-9262 Applicant: Norman Bergdahl 500 South Walnut Street Anaheim, CA 92802 Location: 500 South Walnut Street: This property is approximately 2.1 acres, having frontages of 405 feet on the east side of Walnut Street, 95 feet on the south side of Santa Ana Street and 419 feet on the west side of Manchester Avenue. Request to permit and retain an existing concrete batching plant with outdoor truck parking, repair, storage and staging activities. Resolution No. PC2008-104 (Aganval) Approved, added two new conditions of approval VOTE: 6-0 Chairman Karaki absent Project Planner. Elaine Thienprasiddhi ethien ~anaheim.net Elaine Thienprasiddhi, Associate Planner, presented the staff report. Staff read two additional Conditions of Approval into the record: 1) That the applicant shall paint all buildings and fences in a neutral and consistent color. 2) That the applicant shall submit copies of all Air Quality Management District permits to the Planning Department, Planning Services Division on an annual basis. Chairman Pro-Tempore Romero opened the public hearing. Frank Cateriniccio, Pacific Ready Mix Consultant, 220 23`d Street. Manhattan Beach, commended staff on working with the owners of Pacific Ready Mix to develop a fair Conditional Use Permit compromise plan that benefits all parties involved. It will allow Norman Bergdahl to stay in business and keep his sixteen employees. Pacific Ready Mix is in full agreement and will operate pursuant to the conditions presented. They are prepared to vofuntarily begin a site beautification project which will include exterior paint and landscaping. Donn S. Rohrs, Vice President, AI Rohrs & Son, Inc., 1436 West 5anta Ana Street, Anaheim. Mr. Rohrs indicated that his business is 500 yards from Pacific Ready Mix. He believes that Pacific Ready Mix has improved the site which was once vacant. Pacific Ready Mix provides a service to homeowners and small independent masons and meets a need that the community would not have otherwise. He stated that during these challenging economic times, Mr. Bergdahl is providing i 0/27/08 Page 3 of 18 QCTOBER 27, 2008 PLANNI(dG COMNIISSION ACTION AGENDA employment to independent vendors and generating revenue for the City. He hopes that the Conditional Use Permit will be granted. Keith Jones, 1157 West Hazelwood, Anaheim, also speaking on behalf of the owners of 1151 and 1165 Hazelwood. Mr. Jones stated they currently do not have any issues with Pacific Ready Mix and that in the past, issues related to dust and noise were directly taken to Mr. Bergdahl and they were taken care of immediately. Mr. Jones and his neighbors are adjacent to Pacific Ready Mix and neither have any problems with dust in their swimming pools as several have reported. Joe Flores, 806 South Aspen #1, Anaheim, 92802. He is very pleased to have Pacific Ready Mix as a neighbor, since the previous tenant did not maintain the property very welL Sandra Acton, Property Manager, JD Property Management, 3520 Cadillac Avenue, Suite B, Costa Mesa. Ms. Acton has been managing this property for six years. She concurs with prior comments regarding the appearance of the site and lack of maintenance by the previous tenant, who was difficult and eventually evicted. At the time they removed the previous tenant, it was their belief that there was a Conditional Use Permit which allowed Pacific Ready Mix to operate on the premises. Ms. Acton has been following the application process all along and working with the tenant to ensure that they are in compliance with laws and City staff requests. They will oversee what Pacific Ready Mix is required to do as far as landscaping, painting, etc. The property owners are in support of the project. Norman Bergdahl, Owner & CEO, Pacific Ready Mix, 20892 Balgair Circle, Huntington Beach. Mr. Bergdahl stated that the location of the business is ideal; they are able to deliver products from San Clemente to Los Angeles. They have participated in City sponsored "green° programs providing concrete that fits the criteria. Mr. Bergdahl thanked Ms. Thienprasiddhi and City staff for recommending ideas to irnprove the layout of the property, which will allow trucks to drive in, park away from the residential homes; reduce the noise level, and allow them to begin work early in the morning. They have conducted sound tests and are now in compliance with the City code. The AQMD permits are strictly regulated and they inspect several times a year. Some complaints regarding dust were made during the Santa Ana winds. They now operate a vacuum sweeper truck on a regular basis and have paved most of the property to reduce the amount of dust generated. Commissioner Buffa asked when the site was paved and if it was their goal to pave the entire site. Commissioner Buffa also asked if they are required by the AQMD to water the stockpiled sand/material and what happens during windy periods. Mr. Bergdahl stated they began paving the site in May 2005. At this point, the property is approximately 80% paved and they intend to pave the entire site. Mr. Bergdahl said the sand is washed material, not regular beach sand and it is delivered wet. They are required by AQMD to maintain the moisture level of the sand. A sprinkler system has been installed to maintain the moisture and elirninate dust. Commissioner Eastman expressed concern with the amount of paving and the amount of water runoff. She asked if they are using perrneable cement so that water soaks into the ground rather than into the storm drain. Commissioner Eastman asked if they have other sites in Southem California and the location of their corporate offices. 10/27/08 Page 4 of 18 OCTOBER 27, 2008 PLANNING COMMISSION ACTION AGENDA Mr. Bergdahl stated they do not have permeable cement; however, they have a storm water permit which regulates the water runoff. The property has also been graded so that approximately 80%-of the property retains the water on-site, which is reused in their loads of concrete; 20% of the water runs into the storm drain. This is regulated by the Storm Water Prevention Program. Mr: Bergdahl stated they have another site in Riverside. Their corporate office is here in Anaheim. Commissioner Faessel asked Mr. Bergdahl if he felt he would be able to mitigate the noise and diesel exhaust by limiting trucks to start up five minutes prior to loading, as stipulated in the Conditions of Approval. Commissioner Faessel stated there may be a need to have the Code Enforcement Division confirm that the condition is being followed. Mr. Bergdahl stated that last year, the AQMD irnplemented a law that required trucks to be shut down if they are not going to be in use within fifteen minutes. They are already operating under those guidelines for two reasons, the exhaust and fuel consumption. He has a safety employee who enforces these regulations. Commissioner Agarwal stated he was happy to hear Mr. BergdahPs response and that he was being a responsible neighbor. He urged him to take every precaution to av~id any noise and air quality impacts to the neighbors. Commissioner Ramirez asked that Mr. Bergdahl explain in more detaii the site beautification program mentioned by the property manager. Mr. Bergdahi stated that the exterior of the property is currently painted in several colors and that he will paint it in one color and make necessary repairs. He said there are several different types of walls around the perimeter. They have not yet decided what type of landscaping will be planted along Manchester. They will make the repairs required by the City. Commissioner Eastman encouraged Mr. Bergdahl to consult with someone locally regarding the historical significance of his building and try to restore its appearance. She said she is impressed with the improvements completed so far. Mr. Bergdahl said he was no# aware that his building was a historical facility, but he will work with the City on this issue. Jeffry L. Wilson, 616 South Boxwood Street, a forty year resident, stated he is concerned that Pacific Ready Mix has been operating without the proper license from AQMD and the City si~ce 2005. He wondered if the area was zoned for this type of operation. He has been told that there are between 800-900 children in the Betsy Ross Elementary school, across the street. Me is concerned that the Santa Ana winds could blow the raw cement stored at this location all over the school and his tract of homes, causing allergies, sinus and health problems. He does not believe this type of business should be in this area. He said concrete mixing plants should be located away from residential houses and not next to schools. He was told that there will be a large drop in property values. He does not believe that adding two feet to the rear waH will solve the problem. He is opposed to this project. Mr. Bergdahl said he believes they are operating within the regulations of the AQMD relating to the storm water runoff, noise, dust and school distance concerns. 10/27J08 Page 5 of 18 OCTOBER 27, 2008 PLANNING COMMISSION ACTION AGEMDA Commissioner Eastman asked how the raw cement is received and stored on-site. .... Mr. Bergdahl stated that the cement is brought in by trucks and stored in sealed containers, then transferred through pipes and into the silo on the property. It is properly vented and has a filtration system as required by the AQMD. The AQMD also regulates the quantity of material that is produced. The area is enclosed and there are not piles of cement left unattended. Chairman Pro-Tempore Romero asked how often the AQMD inspects per year. Mr. Bergdahl stated he believes they are set up for two annual unscheduled inspections, or whenever a complaint is received. Frank Cateriniccio added that the property is zoned industrial which allows this use and that the AQMD would not have granted it if there were any health hazards. After extensive testing and inspection, the permit was issued on August 20, 2008. Prior to issuing the permit, the AQMD required the parents of every student in the adjacent school and every resident within 1,p00 feet of the property lines be notified of the permit request, which is more than 2,000 homes. He stated that within the last few weeks, the homeowners adjacent to Pacific Ready Mix were notified of the pending Conditional Use Permit application by the Planning Department and pointed out that only one resident spoke up in opposition to the project. He believes it is likely that property values will increase given the improvements and beautification plan that Mr. Bergdahl has for the site. Chairman Pro-Tempore Romero asked if there was anyone else wha would like to speak to this item; seeing none, he closed the public hearing. Commissioner Buffa commented that this is a heavily regulated industry and that the operator is doing everything he needs to do to comply with the existing regulations allowed. She stated the owner seems to be a very responsible businessman. Commission Faessel asked staff if it was correct that Mr. Bergdahl was operating for a couple of years without an AQMD permit. - Ms, Thienprasiddhi confirmed that they were operating without a permit before August 2008. Commissioner Faessel commented that the permit was granted because"all the required AQMD criteria were met and the Industrial Zone permits this type of work. He said he was satisfied with the irnprovements on the site and he believes the owner is trying to be a good neighbor. Commissioner Eastman agreed with the comrnents made by Commissioners Buffa and Faessel and supports the project. Chairman Pro-Tempore Romero stated he agrees with all Commissioners comments and that it appears the neighbors are satisfied with this project. Commissioner Agarwal offered a recommendation that the Planning Commission adopt the attached resolution determining the Negative Declaration is the adequate CEQA documentation and to 10/27/08 Page 6 of 18 OCTOBER 27, 2Q08 PLANiVING COMMISSION ACTION AGENDA approve Conditional Use Permit No. 2007-05236 with the two new conditions read into the record by staff. Ossie Edmundson, Senior Secretary, announced that the resolution passed with & aye votes. Chairman Karaki was absent. OPPOSITIOM: 1 person spoke in opposition of the subject request. IN SUPPORT: 3 persons spoke in favor of the subject request. Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, November 18, 2008. DISCUSSIOIV TIME: 4Q minutes (2:33 to 3:17) i 0/27/08 Page 7 of 18 OCTOBER 27, 2008 PLANNING COMnAISSION ACTION AGEMDA ITEM NO. 3 CEQA PREVIOUSLY-APPROVED NEGATIVE DECLARATION AND COMDITIOfVAL USE PERMIT NO. 2871 (Tracking fVo. CUP 2008-05352) Owner. Cornelia Connelly School 2323 West Broadway Anaheim, CA 92804-2306 A;pplicant; PDC Faeilities, Inc 836 West Town & Country Road Orange, CA 92868 Location: 2323 West Broadwav: This property is approximately 6.5 acres, having a frontage of 454 feet on the north side of Broadway and approximately 860 feet east of the centerline of Gilbert Street. Request to modify plans for a previously-approved conditional use permit for a school gymnasium and art complex to increase the number of classrooms and to construct the gymnasium and art complex in two phases rather than one phase. Kimberly Wong, Planner, presented the staff report. Chairman Pro-Tempore Romero opened the public hearing. Resolution (Vo. PC2008-105 (Buffa) Approved VOTE: 6-0 Chairman Karaki absent Project P/anner. Kimber/y Wong kwono2 @anaheim. net Joseph P. DeLuca, 423 S. Paseo Real, representing the general contractor for Cornelia Connelly School. He stated that due to the economic times and budget, the contractor is requesting that the project be divided into two phases. Mr. DeLuca indicated they have had two extensions on the existing building permit, which will expire in February 2009. Due to a new Uniform Building Code going into effect in January 2009, all previously approved plan checks will be null and void. They will need to redesign the project and it will take approximately two years before it is approved. Commission Faessel indicated he saw no plans to raise the number of students beyond 320 and 40 teachers. He said he was concerned that in the future, the school would request more students because they were being allowed more classroom space. Mr. DeLuca stated that currently they are using two modular buildings, the alumni hali and the library as classrooms. Once, the new classrooms are built, the hall and library would be retumed to their intended use. Chairman Pro-Tempore Romero closed the public hearing. 10/27/OS Page 8 of 18 OCTOBER 27, 2008 PLANNING COMMISSION ACTION AGEPdDA Commissio~er Buffa indicated that she supports the project and that it would not have an effect_on the neighborhood. Commissioner Buffa offered a recommendation that the Planning Commission adopt the attached resolution determining the Previously Approved Negative Declaration is the appropriate CEQA documentation and approving Conditional Use Permit No. 2871. Eleanor Morris, Secretary, announced that the resolution passed with 6 aye votes. Chairman Karaki was absent. OPPOSITIOM: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, November 18, 2008. DISCUSSION TIME: 7 minutes (3:18 to 325) 10/27/08 Page 9 of 18 OCTOBER 27, 2008 PLANNING COMflflISSION ACTION AGEfVDA ITEM NO. 4 CEQA NEGATIVE DECLARATION AND RECLASSIFICATION NO. 2008-00215. VARIANCE iVO. 2008-04749. TENTATIVE PARCEL MAP NO. 2006-229 Owner: Amanik, Inc. 603 Seagaze Drive, #759 Oceanside, CA 92054 Applicant: Halladay & Mim Mack, Inc. 1181 California Avenue, Suite 102 Corona, CA 92881 Location: 7260 Canvon Rim Road: This property is approximately 1.06 acres, having a frontage of 542 feet on the south side of Canyon Rim Road approximately 92 feet west of the centerline of The Highlands. Request to establish a 3-lot, 3-unit single-family detached residential subdivision. This project requires approval of the following actions: Reclassification No. 2008-00215 - reclassification of the subject property from the Transition (T) Zone to the Single-family Residential (RS-3) Zone; Tentative Parcel Map No. 2006-229 - to establish a 3-lot, 3-unit detached residential subdivision; Variance No. 2008-04749 - to permit vehicular access on an arterial highway (Canyon Rim Road) where vehicular access is not permitted and - perrnit parcels with lot depths less than 150 feet. Resolution Plo. PC2008-106 Resolution No. PC2008-107 Resolution No. PC2008-108 (Buffa) Approved VOTE: 5-1 Commissioner Agarwal voted no and Chairman Karaki absent Project Planner.• Kimberly Wong kwong2Qanaheim.net Kimberly Wong, Planner, presented the staff report. Ms. Wong added that copies of e-mail messages from neighbors opposing the project were distributed to the Planning Commission during the Preliminary Plan Review. Copies were also provided to the applicant. ° Commissioner Buffa directed a question to Traffic Engineering staff regarding the proposed driveway in relation to The Highlands where there is a raised median. She also asked if the proposed private road would be right-in, right-out turns only. Would there be anything preventing people from exiting the private drive, making their way across traffic to make a u-turn, and if it was a safety concern. David Kennedy, Associate Transportation Planner confirmed that the proposed driveway would be right-in, right-out only and that the divider at the left-turn lane is a raised median. There would be nothing to preve~t someone from making a u-turn. Canyon Rim Road is a lightly traveled street, currently 5500 vehicles per day; therefore it is not a concern. Chairman Pro-Tempore Romero opened the public hearing. 10/27/OS Page 10 of 18 OCTOBER 27, 2008 PLANNING COMMISSION ACTION AGENDA Hamid Nikko, property owner, 603 Seagaze Drive, #759, Oceanside. They intend to subdivide the project into three single family lots. He and his business partners would each have their own residence. For the past two years they have sublet this property to the City. The property is on a large lot, unique in size and shape and they have had a difficult time designing the project. Mr. Nikko thanked staff for working closely with them in addressing each issue relating to code requirements, and Planning and Traffic Engineering requests. He stated that due to the unique shape of the lot, there is no way they can subdivide it in accordance with all Code requirements. He agreed with the recommendations on the staff report. Richard Godina, Halladay & Mim Mack, Inc., 391 North Main Street, Corona. Agreed with comments made by Mr. Nikko. Commissioner Eastman asked Mr. Godina to translate the acreage into square feet. Mr. Godina replied that there are 43,000 square feet per acre. Their property is just above that. Scott Belair, architect for the project, 760 North Euclid 5treet, #210, Anaheim. He also indicated agreement with the recommendations in the staff report. He stated that the critical part of the project was to design it with the slope and topography in mind. That is the reason why they stepped the project downhill from Canyon Rim Road. From Canyon Rim Road, it is a one-story view and from the reservoir side, it is a two-story view of the houses. Pete Bos, 6020 East Ladera Lane, Anaheim. Mr. Bos stated that he is the President of the Anaheim Hills Planned Community Association (AHPCA) and representing approximately 2300 homeowners. He also represents 38 sub-associations, three of which are adjacent to khe project; Stonegate on the nodh, Featherhill on west and Rim Crest on the east. He is not in favor or opposed to the project. He asked the Commission to encourage the developer to participate in membership of the AHPCA which will cause them all to have congruent CC&R's regarding Code Enforcement and reJated issues which are of concern to most homeowners in the area. Approximately one year ago, homeowners in the area and the City met to discuss improvements to the reservoir, adjacent properties, and the recreation uses in the area. The fact that they are building down the slope is also a concern and he is not sure that three residences on the lot are the best use. He is not sure how the homes would impact the residents who enjoy walking the perimeter of the reservoir. Dale White, 945 South Rim Crest, Anaheim, President of Rim Crest Home Owners Association. He is opposed to the project because the view for twelve of twenty-four units will be seriously affected and property values wiH decline. Each property has views from the livingroom, dining room, and master bedrooms, and they will all be affected by the proposed retaining walls. The wall will also affect most of the residents who walk, ride, and skate the reservoir area. They will no longer be able to enjoy the wilderness, greenbelt, and openness of the area. Paul Beckman, 7301 East Kite Drive, Anaheim. A board member of AHPCA and chairrnan of the East District Neighborhood Council. He opposes the project because it will affect the planned community by increasing density and decreasing setbacks on this infill piece of property. The design concept of the three proposed buildings is crowded and inconsistent with the existing lots and homes in the area. The project would be more consistent with the area if it proposed only two homes. Mr. 10/27/08 Page 11 of 18 OCTOBER 27, 2008 PLANNIfVG COMMISSIOfV ACTIOfd AGENDA Beckman asked the Planning Commission to consider continuing the hearing to allow the developer to design alternative proposals. ---- Sonja Grewal, P.O. Box 17578, Anaheim, Board of Directors for the Anaheim Hills Citizens' Coalition (AHCC). She referred to the e-mail message sent to staff by Patrick Pepper, Chairman. It is questionable whether the proposed project meets the requirements of the California Subdivision Map Act. If the site is suitable, why is so much grading, so rnany retaining walls, and a significant code waiver necessary? She disagrees with the use of the lot depth as an existing condition. If there were fewer homes, the lot depth would not be an issue. Since the property is zoned for development, alternative projects with fewer units should be implemented more consistent with the area. She hopes the Planning Comrnission will allow a continuance. She also asked if it was correct that parking would not be allowed in the driveway. Chairman Pro-Tempore Romero confirmed that parking would not be allowed in the private road. Mr. Bos added that he agrees a continuance should be allowed. Mr. Nikko stated he has spoken #o Mr. Beckman by telephone and informed him that they will be living in the homes. He intends to have his attorney work with the AHPCA's attorney when developing the homeowners association so that concerns raised at this meeting are addressed. Commissioner Eastman confirmed with Mr. Nikko that three families would be moving into the homes on the lot. Mr. Nikko stated that he and his business partners are currently living in San Diego. Commissioner Buffa asked how the landscaping on the opposite side of the driveway will be maintained since there will be three property owners sharing one common area. Mr. Nikko stated the landscaping will be irrigated and maintained by the homeowners association. Commissioner Agarwal asked when Mr. Nikko acquired the land. Mr. Nikko stated two and one half years ago Mr. Godina stated they have tried to minimize and meet all the staffs' requirements relating to the location and heights of the retaining walls. Within a few years the walls will not be visible, as they will be covered with landscaping. The walking path on the south side will not be affected. All setbacks do meet the zoning requirements. Chairman Pro-Tempore Romero closed the public hearing. Commissioner Faessel asked staff if the walking path will remain intact, or if there will be any substantial changes. Ms. Wong stated the walking path referred to by the neighbors will be maintained and no construction will be conducted on this path. Commissioner Faessel said it appears that the number of email messages received and some of the verbal testimonies are asking that the Planning Commission find the project inconsistent with the 10/27/08 Page 12 of 18 OCTOBER 27, 2008 PLAIdNIfVG COnIIMISSIOM ACTION AGENDA design element goals. He asked staff to advise what the elements are so they might better determine if the project meets them. --- Ted White, Senior Planner stated the General Plan contains goals and policies in two different elements. The first being Land Use. The goal is "to preserve natural scenic and recreational resources; continue to ensure residential neighborhoods are safe, well maintained places to live; and continue to provide necessary community services and facilities". Mr. White indicated that policies which wauld apply to this project are as follows: "Goal 8.1: Preserve natural, scenic and recreation resources; continue to ensure residential neighborhoods are safe, well-maintained, places to live; and continue to provide necessary community services and facilities. 1) Encourage the preservation of scenic vistas and views through Green Element Policies and Zoning Code development standards. 4) Ensure quality development through the policies and guidelines of the Community Design Element and Zoning Code development standards." Staff believes these are both addressed by the proposed development standards and meet the standards of the zone and the Scenic Corridor Overlay zone. An example would be the maximum height of the buildings in the scenic corridor is limited to twenty-five feet; the proposed development meets that, as well as the intent to preserve views, etc. This site is proposed to be graded with a single story presentation from the pub'lic street and actually goes a lot further than the typical flat pad two-story house as seen in this area. In the Community Design Element, there is a stated goal: To preserve the hill and canyon area sensitive hitlside environment and the community's unique identity. Five of the seven policies for that goal include: "Goal 21.1: Preserve the Hill and Canyon Area's sensitive hillside environment and the community's unique identity. 1) Reinforce the natural environment of the area through appropriate landscaping and the preservation of open space. 2) Require compliance with the Scenic Corridor Overlay Zone to reinforce quality development standards and guidelines compatible with the hillside area. 4) Encourage the siting of housing development below the existing ridgelines to preserve unimpeded views of existing natural contours. 5) Use grading techniques that incorporate rounded slopes or curve contours to minimize disturbance to the site and to blend with the existing topography. 6) Where grading has occurred, revegetate primarily with drought-tolerant native species to control erosion and create a more environmentally sound condition." Commissioner Faessel asked Mr. White if this project was consistent with all those guidelines. Mr. White confirmed that it is. 10/27/08 Page 13 of 18 OCTOBER 27, 2008 PLAMNING CONIMISSION ACTION AGENDA Chairman Pro-Tempore Romero asked Mr. White to display a view from the street on the projector screen. Commissioner Eastman asked if there was a view of what the completed project would look like from the street. The Mr. Godina showed the Planning Commission the view, which was on a display board. Commissioner Eastman asked what would be seen by the general public if standing on the sidewalk or driving on the arterial street. Ted White, said the proposed pad heights are approximately five to six feet below the adjacent Canyon Rim Road right-of-way. Chairman Pro-Tempore Romero asked if from Rim Crest, they would be looking at the house or roof tops. Ted White stated they would be looking at a portion of the retaining wall and the homes, but there would still be views of the reservoir. Commissioner Buffa pointed out the cross sections of the buildings and how much is visible from and below the road. She stated the houses on Rim Crest are at a slightly higher elevation by approximately twelve feet. Commissioner Eastman indicated her concern is the house facing sideways and closest to the property where the variance is requested. She asked if there would be a retaining wall or fencing requirement to protect people who are walking along the public sidewalk because of the graded difference. Ted White stated that portions of the sidewalk adjacent to the retaining wall would require some type of fencing, possibly wrought iron. - Commissioner'Buffa asked if the lot depth of the house in the Rim Crest neighborhood from Canyon Rim is 120 feet Ted White stated the house is not in the same zone and could have been developed under older standards. He confirmed that it is npt 120 feet. Commissioner Buffa stated that the house closest to Canyon Rim does not appear to create a significantly different condition than Parcel 1 of the proposed project. The lots are larger, very compatible and will blend into the neighborhood. She supports the project. Commissioner Eastman asked for clarification of the requested waiver. Ted White clarified that the applicant is not requesting a waiver of the setback standards. They are requesting a variance for the minimum lot depth which is required to be 120 feet when a lot is adjacent to Canyon Rim, an arterial highway. 10/27/O8 Page 14 of 18 OCTOBER 27, 2008 PLANNING COMNiISSION ACTION AGENDA Ms. Wong, stated that the lot depth for Parcel 1 ranges from five to ninety-two feet. Commissioner Faessel concurs with Commissioner Buffa. However, he agrees that the massing of two units would be preferable to three. _ Commissioner Agarwal stated he preters two homes, not three, on the property. He suggested the item be continued. He was pleased that the owners intend to live on the property, not sell it. He is concerned that parking in the driveways and the garages only, may become an issue. Chairman Pro-Tempore Romero stated that he could not find any fault with the developers plan to build three home on the property. He suggested a condition of approval be added to require that #he owners become members of the homeowners association. Commissioners Buffa and Eastman wanted clarification of whether the owners would create their own sub-home owners association or join the association in the area. Mark Gordon, Assistant City Attomey commented that he doubts there are provisions in place that would allow annexation of this area into an existing homeowners association; therefore, imposing this as a condition upon the applicant would not be possible. He explained that unilateral annexation requires the approval of the Department of Realty, not the Planning Commission. The super majority of the homeowners in the tract would need to approve the amendments to the CCRs. Also, the project would need to be a phased development and identified in the original declaration of restrictions. Mr. Nikko reiterated that they would adhere to the plans of the homeowners association and the conditions of approval. ' Commissioner Eastman suggested that the owner meet with the residents in the area to address their concerns. Chairman Pro-Tempore Romero closed the public hearing. Commissioner Buffa offered a recommendation that the Planning Commission adopt the attached resolutions to determine the Negative Declaration as the adequate CEQA documentation and to approve Reclassification No. 2008-00215, Variance No. 2008-04749 and Tentative Tract Map No 2006-229. Eleanor Morris, Secretary, announced that the resolution passed with 5 aye votes. Commissioner Agarwal voted no. Chairman Karaki was absent. CONCERNS: 1 person related some concerns pertaining to the request. OPPOSITIOM: 3 persons spoke in opposition to the proposed project. 5 correspondences were received, prior to the meeting, in opposition to the proposed project. 10/27/08 Page 15 of 18 OCTOBER 27, 2008 PLAMPdifVG COMMISSIOfV ACTIOfV AGEfVDA Mark Gordon, Assistant City Attorney, presented the 10-day appeal rights for the Tentative Parcel Map ending at 5:00 p:m. on Thursday, November 6, 2008; and presented the 22-day appeal cights for the Reclassification and Variance ending at 5:00 p.m. on Tuesday, November 18, 2008. DISCUSSION TIME: 1 hour and 10 minutes (3:26 to 4:36) 10/27/08 Page 16 of 18 OCTOBER 27, 2008 PLAiVNING COMMISSION ACTION AGENDA ITEM NO. 5 CEQA CATEGORICAL EXEMPTION, CLASS 15. TENTATIVE PARCEL MAP fVO. 2008-146 Owner: Walt Disney World Co. Tax Department P O Box 4741 Glendale, CA 91222-0741 Applicant: Matthew Kirk 3621 South Harbor'Boulevard, Suite 100 Santa Ana, CA 92704 Location: 1600 South Disnevla~d Drive: This property is approximately 2.45-acres, having a frontage of 175 feet on the east side of Disneyland Drive, 1,115 feet north of the centerline of Katella Avenue. Request to establish a tentative parcel map for condominium purposes in conjunction with 71 vacation ownership units at the Grand Californian Hotel. De[la Herrick, Associate Planner, presented the staff report. Resolution Mo. PC2008-109 (Faessel) Approved VOTE: 5-0 Commissioner Eastman abstained and Chairman Karaki absent Project Planner. DeUa Herrick dherrick CQ? anaheim. net Commissioner Buffa asked if the green walkway near the most westerly unit is common area for all of the units. Ms. Herrick confirmed that it is. Carrie Nocella, Manager of Government Relations at Disneyland Resort, 1313 Harbor Boulevard, Anaheim. Ms. Nocella stated she is available"to answer any questions. Chairman Pro-Tempore Romero closed the public hearing. Commissioner Faessel offered a recommendation that the Planning Commission adopt the attached resolution to approve a Categorical Exemption, Class 15 and to approve Tentative Parcel Map No. 2008-146. Eleanor Morris, Secretary, announced that the resolution passed with 5 aye votes. Commissioner Eastman abstained. Chairman Karaki was absent. 10/27/08 Page 17 of 18 OCTOBER 27, 2008 PLAMNIfVG COMMISSION ACTION AGENDA OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-day appeal rights ending at 5'00 p.m. on Thursday, November 6, 2008. DISCUSSION TIME: 2 minutes (4:37 to 4:39) Respectfully submitted, C~~%~-~ Grace Medina Senior Secretary Received and approved by the Planning Commission on November 24, 2008. ' 10/27/OS Page 18 of 18