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Minutes-PC 2010/08/30City of Anaheim Planning Commission Minutes Monday,August 30, 2010 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Commissioners Present :Chairman: Stephen Faessel Todd Ament, Joseph Karaki,Harry Persaud, Victoria Ramirez, John Seymour Commissioners Absent :Peter Agarwal Staff Present : CJ Amstrup, Planning Services ManagerScott Koehm, Associate Planner Jonathan Borrego,Principal PlannerVanessa Norwood, Associate Planner Mark Gordon, Assistant CityAttorneyRaul Garcia, Principal Civil Engineer David See, Senior PlannerDavid Kennedy, Associate Transportation Planner Susan Kim, Senior PlannerAndy Minor, Chambers Group Ted White, Senior PlannerGrace Medina, Senior Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted at4:30 p.m. onWednesday,August 25, 2010, inside the display case located in the foyer of the Council Chamber, and also in the outside display kiosk. Published:Anaheim Bulletin Newspaper onThursday, August 19,2010 Call to Order–5:00 p.m. Audience Attendance: 28 Pledge of AllegiancebyCommissioner Ament Public Comments Consent Calendar Public Hearing Items Discussion (Staff overview of ARTIC Draft Environmental Impact Report) Adjournment AUGUST 30, 2010 PLANNING COMMISSION MINUTES Anaheim Planning Commission Agenda –5:00 P.M. Public Comments: None Minutes ITEM NO. 1AMotionto approve minutesfor July 7, 2010 Receiving and approving the Minutes from the Planning (Karaki/Seymour) Commission MeetingsofJuly 7, 2010 and July 19, 2010. Approved VOTE: 5-0 Chairman Faesseland CommissionersAment, Karaki, Persaudand Seymourvoted yes. Commissioners Agarwal and Ramirez were absent. Motionto approve minutes for July 19, 2010 (Karaki/Ament) Approved VOTE: 4-0 Chairman Faessel and Commissioners Ament, Karaki and Persaud voted yes. Commissioner Seymour abstained.Commissioners Agarwal and Ramirez were absent. 08/30/10 Page 2of 22 AUGUST 30, 2010 PLANNING COMMISSION MINUTES Public Hearing Items: ITEM NO. 2 ENVIRONMENTAL IMPACTREPORT NO. 2010-00343Continuedto September 13, 2010 GENERAL PLAN AMENDMENT NO. 2010-00480 (Karaki/Ament) (DEV2010-00043) Owners:Approved City of Anaheim Orange County Transportation Authority VOTE: 6-0 550 South Main Street Orange, CA 92863Chairman Faessel and Commissioners Ament, Karaki, Applicant: City of Anaheim Persaud, Ramirez and Seymour Public Works Department voted yes.Commissioner Agarwal was absent. Location: The total project area for the Environmental Impact Report is approximately 19 acres, with the majority of the project area (16 acres) located south of Katella Avenue, east of Douglass Road, north of the Orange (SR-57) Freeway and west of the Anaheim City Limits. The proposed General Plan Amendment pertains to Douglass Road, south of Katella Avenue and north of SR-57. The applicant requests certification of an environmental Project Planner: impact reportanalyzing the proposed construction and Susan Kim operation of the Anaheim Regional Transportation skim@anaheim.net Intermodal Center (ARTIC) and an amendmentof the General Plan Circulation Element Figure C-1: Planned Roadway Network to reclassify Douglass Road, south of Katella Avenue from a local street to a secondary arterial. Environmental Determination: Environmental Impact Report No. 2010-00343. OPPOSITION: None DISCUSSION TIME :This item was not discussed. 08/30/10 Page 3of 22 AUGUST 30, 2010 PLANNING COMMISSION MINUTES ITEM NO. 3 VARIANCE NO. 2010-04823Resolution No. 2010-070 (DEV2010-00106) (Persaud) Owner: Bhupinder Saggu Approved 7450 Hummingbird Circle Anaheim, CA 92808 Applicant: M. Desai VOTE: 6-0 2040SouthSanta Cruz Street Chairman Faessel and Anaheim, CA 92805 Commissioners Ament, Karaki, Persaud, Ramirez and Seymour Location:7450 Hummingbird Circle voted yes.Commissioner Agarwal was absent. The applicant proposes to permit the expansion of an existing single-family residence with a front yard setback and side yard setback less than required by code. Environmental Determination: The proposed action is Project Planner: Categorically Exempt from the requirement to prepare Scott Koehm skoehm@anaheim.net additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines -Class 1 (Existing Facilities). Scott Koehm, Associate Planner, provided a summary of the staff report dated August 30, 2010along with a visual presentation. Commissioner Seymour asked if the public notice is mailed in addition to being posted at the property. Mr. Koehm responded that a notification is mailed to all parcel owners within 300 feet of the proposed project. He statedthat,prior to the meeting,he received a document signed by two of the adjacent property owners, supporting this project; and that copies were provided to the Commission. George Behnam, 1150 East Orangethorpe Avenue #109, Placentia, the architect representing the applicant, stated they have reviewed the conditions of approval and are in agreement with the staff report. Chairman Faesselopened the public hearing. Chairman Faessel,seeing no other persons indicating to speak, closed the public hearing. Commissioner Persaud offered a recommendation that the Planning Commission adopt the resolution attached to the August 30, 2010staff report, determining that a Class 1 Categorical Exemptionis the appropriate environmental documentation for this request and approving Variance No. 2010-04823. 08/30/10 Page 4of 22 AUGUST 30, 2010 PLANNING COMMISSION MINUTES Grace Medina, Senior Secretary announced that the resolution passedwith six yesvotes. Chairman Faesseland Commissioners Ament, Karaki, Persaud, Ramirez and Seymourvoted yes. Commissioner Agarwal was absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, September 9, 2010. DISCUSSION TIME :8minutes (5:08to 5:16) 08/30/10 Page 5of 22 AUGUST 30, 2010 PLANNING COMMISSION MINUTES ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2010-05522 Resolution No. 2010-071 (DEV2010-00127) (Ament) Owner: Robin Hardy Approved Grove Construction 2031 Tweed Street Placentia, CA92870 VOTE: 6-0 Applicant: Tom Christie Chairman Faessel and Weartech International, Inc. Commissioners Ament, Karaki, 13032 Park Street Persaud, Ramirez and Seymour Santa Fe Springs, CA90670 voted yes.Commissioner Agarwal was absent. Location:1177 North Grove Street The applicant proposes to establish a specialty welding and alloy parts manufacturing facility. Environmental Determination: The proposed action is Project Planner: Categorically Exempt from the requirement to prepare Judy Dadant additional environmental documentation per California jdadant@anaheim.net Environmental Quality Act (CEQA) Guidelines -Class 1 (Existing Facilities). Jonathan Borrego, Principal Planner, provided a summary of the staff report dated August 30, 2010 along with a visual presentation.He added that there are conditions of approval included in the resolution which require the slats on the chain link fence which surrounds a portion of the property be replaced, removal of any razor wire in public view and parking lot be restriping. Commissioner Persaud asked for clarification regarding the CEQA determinationand use of a Categorical Exemption. Mr. Borrego said the Class 1 Exemption is typically used when dealing with an existing building and use. In this case, because all the activity would be conducted wholly within the building and it would be subject to all the other regulatory requirements from the permitting agencies, a Class 1 exemption was appropriate. Tom Christie, applicant, stated he reviewed the conditions of approval and was in agreement with the staff report. Chairman Faessel asked if he is planning to move his business from Santa Fe Springs to Anaheim or if this space would be used for additional manufacturing. 08/30/10 Page 6of 22 AUGUST 30, 2010 PLANNING COMMISSION MINUTES Mr. Christie responded that they have outgrown their four buildings in Santa Fe Springs and by moving to Anaheim they will be able to consolidate into one larger building. One of the main attractions of Anaheim is the favorable utility rates. Chairman Faesselopened the public hearing. Chairman Faessel,seeing no other persons indicating to speak, closed the public hearing. Commissioner Amentoffered a recommendation that the Planning Commission adopt the resolution attached to the August 30, 2010staff report, determining that a Class 1 Categorical Exemptionis the appropriate environmental documentation for this request and approving Conditional Use No. 2010- 05522. Grace Medina, Senior Secretary announced that the resolution passedwith six yesvotes. Chairman Faesseland Commissioners Ament, Karaki, Persaud, Ramirez and Seymourvoted yes. Commissioner Agarwal was absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, September 9, 2010. DISCUSSION TIME :9minutes (5:16to 5:25) 08/30/10 Page 7of 22 AUGUST 30, 2010 PLANNING COMMISSION MINUTES ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2010-05512 Resolution No. 2010-072 VARIANCE NO. 2010-04824 (Seymour) (DEV2010-00112) Owner:Approved Richard Alvarez Alvarez Real Estate Management Corp. 27999 Jefferson Avenue VOTE: 6-0 Temecula, CA92590 Chairman Faessel and Applicants: Rajeet DalalCommissioners Ament, Karaki, TR Trading Inc. Persaud, Ramirez and Seymour 14535 Valley View Avenue, Unit Mvoted yes.Commissioner Santa Fe Springs, CA90670Agarwal was absent. Mitchell Gardner Aptus Group 3750 Santa Fe Avenue, Suite 106 Riverside, CA92507 Location:1072 North Armando Street The applicant proposes to establish an automotive repair Project Planner: Dave See facility with less parking than required by code. dsee@anaheim.net Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines -Class 1 (Existing Facilities). David See, Senior Planner, provided a summary of the staff report dated August 30, 2010along with a visual presentation. Commissioner Persaud asked if there was any merit in creating a reciprocal parking arrangement to ensure that parking is shared between the two businesses on the property. Mr. See responded that staff has not considered reciprocal parking because the property is one legal parcel under a single ownership and parking would be shared by two tenants with or without a reciprocal parking agreement. Commissioner Ramirez said the language in the resolution pertaining to the parking requirements for the adjacent industrial business is not needed for this applicationand should be removed from the resolution. 08/30/10 Page 8of 22 AUGUST 30, 2010 PLANNING COMMISSION MINUTES Mr. See said staff would concur. He recommended that the findings on page 2 of the resolution be modified to remove the language regarding the parking for the adjacent industrial business. Chairman Faessel referred to the staff report, parking variance section and he asked for a breakdown of the parking spaces between the two businesses and the potential for parking inside the building. Mr. See stated that in the past, parking arrangements have been considered in industrial buildings where there is enough space to park cars inside. The applicant is proposing this and they are going to provide customer parking in front, along Armando Avenue. Also, some employee and customer parking will be provided in the rear. This proposal is acceptable because it is a longer term auto repair and they do not propose to store cars outside. According to the applicant, the length of the repair service would be between two and twelve weeks. Chairman Faessel asked if the indoor parking would be restricted to cars being serviced. Mr. See responded yes. Chairman Faesselopened the public hearing. Mitchell Gardner, applicant, stated he reviewed the conditions of approval and was in agreement with the staff report. Chairman Faessel,seeing noother persons indicating to speak, closed the public hearing. Commissioner Seymouroffered a recommendation that the Planning Commission adopt the resolution attached to the August 30, 2010staff report, determining that a Class 1 Categorical Exemptionis the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2010-05512 and Variance No. 2010-04824. Grace Medina, Senior Secretary announced that the resolution passedwith six yesvotes. Chairman Faesseland Commissioners Ament, Karaki, Persaud, Ramirez and Seymourvoted yes. Commissioner Agarwal was absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, September 9, 2010. DISCUSSION TIME :13minutes (5:25to 5:38) 08/30/10 Page 9of 22 AUGUST 30, 2010 PLANNING COMMISSION MINUTES ITEM NO. 6 CONDITIONAL USE PERMIT NO. 2009-05410A Resolution No. 2010-073 (DEV2010-00072) (Persaud) Owner: Kazem Khoyloo Approved 2445 EastBall Road Anaheim, CA92806 Applicant:VOTE: 6-0 Juan P. Aristizabal 9423 Roundup Drive #FChairman Faessel and Montclair, CA 91763Commissioners Ament, Karaki, Persaud, Ramirez and Seymour Location:2445 East Ball Road voted yes.Commissioner Agarwal was absent. The applicant proposes to construct a drive-through car wash tunnel in conjunction with an existing service station. Environmental Determination: The proposed action is Project Planner: Vanessa Norwood Categorically Exempt from the requirement to prepare vnorwood@anaheim.net additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines Class 1 (Existing Facilities). Vanessa Norwood, Associate Planner, provided a summary of the staff report dated August 30, 2010 along with a visual presentation. Commissioner Karaki asked if the equipment noise level would affect the residential apartment complex to the south of the proposed project. Ms. Norwood stated that it is a quietoperating car wash tunnel which will not emit an excessive amount of noise. The operation hours of the car wash tunnel will be restricted to 7:00 a.m. to 8:00 p.m. Commissioner Ramirez asked if the car wash will be open on Saturdays and Sundays. Ms. Norwood responded that they would be open seven days a week. Chairman Faessel asked if the restriction a left turn from the rear of the facility onto Sunkist Street would remain in place. Ms. Norwood responded yes. Juan P. Artistizabal,civil engineer for the project and representing the applicant, stated they have reviewed the conditions of approval and arein agreement with the staff report. 08/30/10 Page 10of 22 AUGUST 30, 2010 PLANNING COMMISSION MINUTES Commissioner Ramirez asked when the renovations would be complete. Mr. Artizabal responded that final inspections have been scheduled and the project should be complete by the end of the month. Commissioner Karaki asked how potential congestion at the car wash tunnel will be handled. Mr. Artizabal said they have sufficient clearance on the lot to prevent congestion. Mr. Borrego interjected that the parking spaces that are closest to the tunnel entrance are those which are likely to be the last ones used. Chairman Faesselopened the public hearing. Chairman Faessel,seeing no other persons indicating to speak, closed the public hearing. Commissioner Persaudoffered a recommendation that the Planning Commission adopt the resolution attached to the August 30, 2010staff report, determining that a Class 1 Categorical Exemptionis the appropriate environmental documentation for this request and approvingConditional UseNo. 2010- 05410A. Grace Medina, Senior Secretary announced that the resolution passedwith six yesvotes. Chairman Faesseland Commissioners Ament, Karaki, Persaud, Ramirez and Seymourvoted yes. Commissioner Agarwal was absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, September 9, 2010. DISCUSSION TIME :10minutes (5:38to 5:48) 08/30/10 Page 11of 22 AUGUST 30, 2010 PLANNING COMMISSION MINUTES ITEM NO. 7 DEVELOPMENT AGREEMENT NO. 2010-00002 Resolution No. 2010-074 (DEV2010-00064) (Karaki) Owner/ Dan Miller Applicant:Approved, recommended City Irvine Company Council approval 550 Newport Center Drive Newport Beach, CA 92660 Location:VOTE: 6-0 The Mountain Park project site consists of approximately 3,000 acres located generally in Chairman Faessel and Gypsum Canyon in the City of Anaheim. The Commissioners Ament, Karaki, site is located immediately south of the Persaud, Ramirez and Seymour Riverside (SR-91) Freeway, and the Eastern voted yes. Commissioner Transportation Corridor (SR-241) bisects the Agarwal was absent. site into eastern and western segments. The applicant requests a Development Agreement by and Project Planner: Ted White between the City of Anaheim and Irvine Land Company twhite@anaheim.net LLC and Irvine Community Development Company LLC to provide for the development of the Mountain Park Specific Plan; a planned community consisting of 2,500 residential units, public park and school site, and various public and private infrastructure improvements. Environmental Determination: Previously-Certified Environmental Impact Report No. 331. Ted White, Senior Planner, provided a summary of the staff report dated August 30, 2010 along with a visual presentation. Commissioner Persaud asked how staff views the development agreement (DAG) complying with new regulations, including AB 32 and SB 375. Mr. White responded that the project was originally approved in 1994 and included approximately 8,000 dwelling units and a large amount of commercial space. That project was never built and the Development Agreement was terminated at the request of the Irvine Company. A revised vision for the project area was incorporated into the City-wide General Plan update that was approved in 2005 and it substantially reduced the size of the project. Following the General Plan update, the applicant requested an amendment to the specific plan which was approved in 2005. The specific plan amendment entitled up to 2,500 dwelling units and the preservation of open space along with other amenities that are proposed. Commissioner Persaud stated that the Development Agreement would not only lock in the General Plan, but the Zoning which set standards for lot sizes, etc. 08/30/10 Page 12of 22 AUGUST 30, 2010 PLANNING COMMISSION MINUTES Mr. White stated that those standards are already in place as part of the Mountain Park Specific Plan and no changes to those standards are proposed as part of this request. It adds another layer of protection to those standards for the applicant. Also, the tentative maps have already been approved for portions of the proposed development. Commissioner Persaud asked if the proposed Development Agreement will it lock in the 2005 updated General Plan zoning and tract maps for this development. Mr. White responded, yes. Chairman Faessel asked what thepublic benefits of this projectwould be. Mr. White said the Development Agreement includes the early dedication and cooperation on construction of the water reservoir site that is needed to serve existing neighborhoods. This will allow for the construction of the reservoir on Irvine Company land prior to the construction of their project. The City would like to move forward with this as quickly as possible. Chairman Faessel asked if that would occur before further development of the project. Mr. White responded, yes. A water reservoir has always been envisioned as a part of the project on the west side of the 241 toll road. This would allow that reservoir to move forward independently from the construction of the Mountain Park project. Other public benefits include the contribution of $500 per dwelling unit for the improvement of priority use sports facilities which comes out to approximately 1.25 million total; an agreement to investigate the possibility of using renewable energy; either wind, solar, or geothermal for twenty-five percent of the dwelling units; and the early reimbursement of fair share construction costs spent by the City for improvements to Weir Canyon Road and La Palma Avenue. Chairman Faessel asked if at this point, this agreement is to only investigate the possibility of using renewable energy. It does not require the Irvine Company to actually do anything other than titsdue diligence. Mr. White responded, yes. TheUtilities Department has incentive programs available to homeowners and developers for renewable energy resources. If there are opportunities available, the Irvine Company will move on them. Chairman asked the value of the Weir Canyon Road/La Palma Avenue roadway reimbursements. Mr. White responded roughly $150,000. Commissioner Persaud askedif the developer was providing a site for a school. Mr. White stated that some of the public improvements that are included in the Mountain Park Specific Plan include a 10-acre school site, 15-acre public park, and a fire station. The Irvine Company has an agreement with Orange Unified School District for the construction schedule for the school. 08/30/10 Page 13of 22 AUGUST 30, 2010 PLANNING COMMISSION MINUTES Dan Miller, applicant, stated that everything in the DevelopmentAgreement represents what was presented to the City Council five years ago when the project was approved. No changes have been made. They hope to be able to pursue this project when the economy improves. He said he has reviewed the conditions of approval and is in agreement with the staff report. Commissioner Ramirez asked what the concerns are if this project is not approved. Mr. Miller said the way SB-375 is written and will be implemented through the regulations; these types of traditional, suburban-type communities could be at risk in the future. Mr. Karaki asked if they are planning infrastructure work. Mr. Miller responded that the economy and housing market have to improve significantly before they can begin this project. It could be five years. Chairman Faessel opened the public hearing. Chairman Faessel, seeing no other persons indicating to speak, closed the public hearing. Commissioner Karakioffered a recommendation that the Planning Commission adopt the resolution attached to the August 30, 2010 staff report, determining that the Previously-Certified Environmental Impact Report No. 331 is the appropriate environmental documentation for this request and recommending City Council approval of Development AgreementNo. 2010-00002. Grace Medina, Senior Secretary announced that the resolution passedwith six yes votes. Chairman Faessel and Commissioners Ament, Karaki, Persaud, Ramirez and Seymour voted yes. Commissioner Agarwal was absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-day appeal rights ending at 5:00 p.m. on Thursday, September 9, 2010. DISCUSSION TIME :20 minutes (5:48 to 6:08) 08/30/10 Page 14of 22 AUGUST 30, 2010 PLANNING COMMISSION MINUTES ITEM NO. 8 AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT Resolution No. 2010-075 NO. 2005-00007 (DAG2005-00007) (Seymour) (DEV2010-00030) Owner:Approved, revised the term of MacQuarie Platinum Katella, Inc. the Development Agreement 10100 Santa Monica Boulevard, Suite 1800 from four to five years Los Angeles, CA 90067 Applicant: Dale Pinney VOTE: 6-0 First Western Development Services 8129 Lake Balinger Way, Suite 104Chairman Faessel and Edmonds, WA 98026Commissioners Ament, Karaki, Persaud, Ramirez and Seymour Location:1331 East Katella Avenue voted yes. Commissioner Agarwal was absent. The applicant requests an amendment to Development Agreement No. 2005-00007, extending the construction commencement date for the project by four additional years. Environmental Determination: CEQA Previously-Certified Project Planner: Vanessa Norwood Environmental Impact Report No. 330 and a Previously- vnorwood@anaheim.net Approved Mitigated Negative Declaration. Vanessa Norwood, Associate Planner, provided a summary of the staff report dated August 30, 2010 along with a visual presentation. Commissioner Persaud asked if the project is already under construction. Ms. Norwood responded yes, Phase 1 is under construction. Commissioner Persaud asked why a five or ten year extension was not requested. Ms. Norwood stated that the applicant asked for four years; they felt it was adequate time to complete the project. Chairman Faessel asked if granting an extension will allow the applicant to complete Phase 1 and consider Phases 2 and 3. Ms. Norwood said Phase 1 will be completed in early 2011 and the applicant believes that this is adequate time to begin and complete Phases 2 and 3. Dale Pinney, applicant, said he reviewed and was in agreement with the staff report. He said if a ten year extension could be granted, that would be acceptable. The original Development Agreement 08/30/10 Page 15of 22 AUGUST 30, 2010 PLANNING COMMISSION MINUTES (DAG) was for the 336 unit condominium development. Construction began in 2008 and ceased in 2010. The original developer experienced financial difficulties due to the economy. In April 2010, the current owner took over the project began completion of Phase I. He did not know the intent of the original developer regarding the timing between phases. Mr. Pinney said when Phase 1 is completed there will be a nicely landscaped entry and streetscape improvements. Some modifications of the existing improvement will be made when Phases 2 and 3 begin construction of the new buildings. Chairman Faessel asked if he planned to complete Phase 1 soon. Mr. Pinney said it’s well underway and will be for sale in February 2011. Commissioner Karaki asked why Phase 1 was being included in the time extension request if it would be completed by February 2011. Mr. Pinney said he was concerned that the development agreement may expire while they are still working on Phase 1 and they wanted to keep all phases together for consistency. Jonathan Borrego, Principal Planner stated that the standard Platinum Triangle development agreement calls for a five year term, staff would recommend extensions be given in five year increments. Chairman Faessel asked CJ Amstrup, Planning Services Manager for input as to memorializing the completion of Phase 1, separate from Phases 2 and 3. Mr. Amstrup said a milestone addressing the construction of Phase 1 could be added if the concern is that the project would sit idle and incomplete for an additional five years. He recommended granting the time they anticipated needing, plus an additional six to nine months. The milestone would then be acted upon when the development agreement was considered by the City Council. Mr. Pinney said he understood the concern with Phase 1. He said construction is underway, well funded and stated that he was comfortable that Phase 1 would be completed by the end of 2011. Commissioner Ramirez asked for a recap of the milestones set for all phases. Mr. Pinney stated that the original development agreement was to proceed with three phases of development. Deadlines for phases were not imposed onthe original developer. The project was to be completely market driven; as soon as one phase was sold, construction on the next phase would begin. The original development agreement stated that the project should be completed by August 2010. Mr. Borrego added that there were no specific milestones for completion of the individual phases. Commissioner Ramirez asked if it was originally anticipated that all phases would be completed by October 2010. Mr. Borrego responded that was the intent of the original development agreement. Commissioner Persaud suggested that the completion date for Phase 1 be flexible. 08/30/10 Page 16of 22 AUGUST 30, 2010 PLANNING COMMISSION MINUTES Commissioner Ament asked if there were lot maintenance standards for development agreements. Chairman Faessel stated that there have been specific standards made on specific projects. Mr. Borrego responded that the Platinum Master Land Use Plan currently being updated as part of the recertification of the environmental impact report. As part of that revision, screening issues will be examined and could become code requirements. Chairman Faessel asked if those requirements will apply to this project. Mark Gordon, Assistant City Attorney said that, at the time of adoption, if the City decides it is applicable to existing projects, those existing projects would have to comply. Chairman Faessel advised Mr. Pinney that some screening may be required for Phases 2 and 3. Mr. Pinney said they are familiar with the concerns. They obtained administrative approval on the revised landscaping plan. They have full landscaping along the street frontage and along the fenced portions of Phases 2 and 3. Commissioner Karaki asked if lighting will be installed in the driveway. Mr. Pinney responded yes. Chairman Faessel opened the public hearing. Commissioner Karaki asked if this was a LEED certified project. Mr. Pinney responded no. Commissioner Persaud asked if there would be revised conditions. Mr. Gordon responded that any amendment or revision to the development agreement is subject to the procedures resolution which requires formal action by both the Planning Commission and the City Council to revise the contract. There is flexibility that requires annual review. Chairman Faessel stated the Commission would like to see the development agreement extended from the proposed four years to five years and that the completion of Phase 1 should be memorialized. Commissioner Seymour said they should hold the milestone for completion of Phase 1 to 2011. Mr. Gordon said another option would be that the applicantreturn and request a modification of the agreement if they cannot comply with the term that has been agreed to between the City and the applicant. Chairman Faessel, seeing no other persons indicating to speak, closed the public hearing. 08/30/10 Page 17of 22 AUGUST 30, 2010 PLANNING COMMISSION MINUTES Commissioner Ramirez reiterated that the extension of time for five years is for the completion of Phases 1-3 and if the developer cannot meet that deadline, they can ask for another extension. In addition, Phase 1 of the project is to be completed by the end of 2011. Commissioner Seymouroffered a recommendation that the Planning Commission adopt the resolution attached to the August 30, 2010 staff report, determining that the CEQA Previously- Certified Environmental Impact Report No. 330 and a Previously-Approved Mitigated Negative Declaration is the appropriate environmental documentation for this request and recommending City Council approval of Amendment No. 1 to Development AgreementNo. 2010-2005-00007(DAG207- 00007). Mr. Gordon clarified that the term of the initial agreement of five years; this would be an additional five years, for a total of ten years. Grace Medina, Senior Secretary announced that the resolution passedwith six yes votes. Chairman Faessel and Commissioners Ament, Karaki, Persaud, Ramirez and Seymour voted yes. Commissioner Agarwal was absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-day appeal rights ending at 5:00 p.m. on Thursday, September 9,2010. DISCUSSION TIME :34 minutes (6:08 to 6:42) 08/30/10 Page 18of 22 AUGUST 30, 2010 PLANNING COMMISSION MINUTES ITEM NO. 9 VARIANCE NO. 2010-04813* Continued to September 13, 2010 (DEV2010-00084) Approved Owner/ Applicant: Paul &Sandra Frattone VOTE: 6-0 3 Hughes Chairman Faessel and Irvine, CA92618 Commissioners Ament, Karaki, Persaud, Ramirez and Seymour Location:611 East Adele Street voted yes.Commissioner Agarwal was absent. The applicant proposes to construct a metal industrial building with aside yard setback area that is smaller than required by Code. Project Planner: Environmental Determination: The proposed action is Vanessa Norwood Categorically Exempt from the requirement to prepare vnorwood@anaheim.net additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines Class 3 (Small Structures). *Advertised as Conditional Use Permit No. 2010-04813 Chairman Faesselopened the public hearing. Robin Nguyen, 360 North Pauline Street, Anaheim, stated he is concerned that approving this project will increase the existing parking issues and also release pollutants into the air. Ms. Lynda Redkey, 350 North Pauline Street, Anaheim, said there is an entrance and exit from Cypress Street to Adele Street where trucks hauling sand and rock, they alsopark overnight. A few trucks park on Adele Street which is a dead end. She expressed concerns regarding: children’s safety at the bus stop, noise; and environmental issues. Chairman Faessel reminded Mr. Nguyen& Ms. Redkey that staff has requested a continuance for this item and it cannot be discussed at this time. He invited them to return on September 16, 2010; the next Planning Commission meeting, to be fully heard. Chairman Faessel,seeing no other personsindicating to speak, closed the public hearing. OPPOSITION: Two persons spoke with concerns pertaining to parkingand traffic issues, pollutants, and children safety. DISCUSSION TIME :7minutes (6:42to 6:49) 08/30/10 Page 19of 22 AUGUST 30, 2010 PLANNING COMMISSION MINUTES ITEM NO. 10 TENTATIVE PARCEL MAP NO.2010-112Resolution No. 2010-076 VARIANCE NO. 2010-04818 (Ament) (DEV2010-00081) Owners:Approved Joann Harper P.O. Box 1161 Parowan, UT 84761 VOTE: 6-0 Mark LamphChairman Faessel and 370 Country Hill RoadCommissioners Ament, Karaki, Anaheim, CA 92808Persaud, Ramirez and Seymour voted yes. Commissioner Applicant: George BoxAgarwal was absent. 7321 East Singingwood Drive Anaheim, CA 92808 Location:370 South Country Hill Road and 7561, 7571 & 7581 East Country Hill Lane The applicant proposes to establish a 4-lot residential Project Planner: Vanessa Norwood subdivision with lots having less net area than required by code.vnorwood@anaheim.net Environmental Determination: ANegative Declaration has been determined to serve as the appropriate environmental documentation for this project in accordance with the provisions of CEQA. Vanessa Norwood, Associate Planner, provided a summary of the staff report dated August 30, 2010 along with a visual presentation.She advised the Commission that two letters of concern were received before the meeting and that she had provided them with copies. Commissioner Seymour said that one of the letters received suggested a twenty foot wide easement rather than forty. He asked staff to comment. Raul Garcia, Principal Civil Engineer, stated the forty foot easement is the minimum standard necessary in this instance as it needs to accommodate surface traffic above and the utilities lines below. Commissioner Faessel referred to the same letter received which stated that a twenty foot easement is common practice in the Mohler Drive and Country Hill Road loop area for private roads. Mr. Garcia stated he is not aware of existing twenty foot easements; however, there is a process for abandonment of existing easements, which would not be applicable to this project. 08/30/10 Page 20of 22 AUGUST 30, 2010 PLANNING COMMISSION MINUTES George Box, applicant, stated he reviewed the conditions of approval and was in agreement with the staff report. Chairman Faesselopened the public hearing. Chairman Faessel,seeing no other persons indicating to speak, closed the public hearing. Commissioner Amentoffered a recommendation that the Planning Commission adopt the resolution attached to the August 30, 2010staff report, determining that a Negative Declaration Determinedis the appropriate environmental documentation for this request and approving Tentative Parcel Map No 2010-112 and Variance No. 2010-04818. Grace Medina, Senior Secretary announced that the resolution passedwith six yesvotes. Chairman Faesseland Commissioners Ament, Karaki, Persaud, Ramirez and Seymourvoted yes. Commissioner Agarwal was absent. OPPOSITION: Two letters of concern were received. Mark Gordon, Assistant City Attorney, presented the 10-day appeal rights ending at 5:00 p.m. on Thursday, September 9, 2010. DISCUSSION TIME :11minutes (6:49to 7:00) 08/30/10 Page 21of 22 AUGUST 30, 2010 PLANNING COMMISSION MINUTES DISCUSSION: Overview of Draft ARTIC Environmental Impact Report (7:00 to7:29) MEETING ADJOURNED AT 7:29P.M. TO MONDAY, SEPTEMBER 13, 2010AT 5:00P.M. Respectfully submitted, Grace Medina Senior Secretary Received and approved by the Planning Commission on October 11, 2010. 08/30/10 Page 22of 22