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AA030209 City of Anaheim Planning Commission Action Agenda Monday,March 2, 2009 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Commissioners Present :Chairman: Joseph Karaki Peter Agarwal, Kelly Buffa, Gail Eastman, Victoria Ramirez, Panky Romero Commissioners Absent :Stephen Faessel Staff Present : CJ Amstrup, Planning Services ManagerKimberly Wong, Planner Linda Johnson,Principal PlannerTracy Sato, Senior Planner Jonathan Borrego, Principal PlannerRaul Garcia, Principal Civil Engineer Mark Gordon, Assistant City AttorneyDavid Kennedy, Associate Transportation Planner David See, Senior PlannerJamie Lai, Transit Manager Susan Kim, Associate PlannerMichele Irwin,Senior Police Services Representative Elaine Thienprasiddhi, Associate PlannerEleanor Morris, Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted at6:00 p.m. onWednesday,February 24, 2009, inside the display case located in the foyer of the Council Chamber, and also in the outside display kiosk. Published:Anaheim Bulletin Newspaper onThursday, February 19,2009 Call to Order Workshop on Implementation of SB 375 (Presented by Planning Staff) 1:00 P.M. (Continued to the March 16, 2009 Planning Commission Meeting) Preliminary Plan Review 1:30P.M. •STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) •PRELIMINARY PLAN REVIEW FOR ITEMS ON THEMARCH 2, 2009AGENDA Recess to Public Hearing Reconvene to Public Hearing 2:30 P.M. Attendance: 35 Pledge of Allegiance: Commissioner Romero Public Comments Consent Calendar Public Hearing Items Commission Updates Discussion Adjournment MARCH 2, 2009 PLANNING COMMISSION ACTION AGENDA Anaheim Planning Commission Agenda -2:30 P.M. Public Comments: None Minutes ITEM NO. 1A Approved Continuance Receiving and approving the Minutes from the Planning to March 16, 2009 Commission Meeting of January 5, 2009. Motion:Eastman/Agarwal VOTE: 6-0 Commissioner Faessel absent ITEM NO. 1B Approved Receiving and approving the Minutes from the Planning Commission Meeting of January 21, 2009. Motion:Agarwal/Buffa Note: Meeting minutes have been provided to the Planning VOTE: 6-0 Commission and are available for review at the Planning DepartmentCommissioner Faessel absent . ITEM NO. 1C Approved Continuance Receiving and approving the Minutes from the Planning to March 16, 2009 Commission Meeting of February 18, 2009. Motion:Eastman/Agarwal VOTE: 6-0 Commissioner Faessel absent 03/02/09 Page 2of 13 MARCH 2, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 1D DEVELOPMENT AGREEMENT NO. 2007-00003 –Approved FINAL ELEVATION PLANS (TRACKING NO. DAG2009-00001) Motion:Eastman/Buffa Owner/ Joe Stasney Applicant: Kaiser Foundation Hospital VOTE: 6-0 3400 East La Palma Avenue Anaheim, CA 92806Commissioner Faessel absent Location:3400 East La Palma Avenue: This property is approximately 27acres, with a frontage of 984 feet on the south side of La Palma Avenue and is located 225 feet east of the centerline of Miller Street. The applicant requests review of final elevation plans for a Project Planner: David See previously-approved Kaiser Hospital complex. dsee@anaheim.net Environmental Determination: Environmental Impact Report No. 2007-00337, which was previously certified, has been determined to serve as the appropriate environmental documentation for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, March 24, 2009. DISCUSSION TIME :6minutes (2:35-2:41) 03/02/09 Page 3of 13 MARCH 2, 2009 PLANNING COMMISSION ACTION AGENDA Public Hearing Items: ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2008-05357 ANDThis item was withdrawn as VARIANCE NO. 2009-04770requested by the applicant; therefore,no action was taken. Owner: Orange County Conservation Corps The Rock Church 1853 North Raymond Avenue Anaheim, CA 92801 Applicant: Rick Fox 275 South Glassell Street Orange, CA 92866 Location:1853 North Raymond Avenue: This property is approximately 0.68 acres, located at the northwest corner of North Raymond Avenue and Kimberly Avenue. Off-site parking would be provided on one property located at 101 East Orangethorpe Avenue which is approximately 2.65 acres, having a frontage of 400 feet along the north side of East Orangethorpe Avenue approximately 515 feet east the centerline of Lemon Avenue. Request to permit a job training and educational facility for Project Planner: Scott Koehm at-risk youth in conjunction with a recycling and collection skoehm@anaheim.net facility with fewer parking spaces than required by Code. Environmental Determination:A Negative Declarationhas been preparedwhich evaluates the potential environmental impacts of this project in accordance with the provisions of the California Environmental Quality Act (CEQA). This item was continued from the February 2, 2009 Planning Commission meeting. OPPOSITION: None DISCUSSION TIME :This item was not discussed. 03/02/09 Page 4of 13 MARCH 2, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 3 RECLASSIFICATION NO. 2009-00228Resolution No. PC2009-029 (Buffa) Owner: Orange County Transportation Authority (Parcel A) P.O. Box 14184 Approved Orange, CA92863 Owner: City of Anaheim (Parcel B)VOTE: 6-0 200 South Anaheim Boulevard Anaheim, CA 92805Commissioner Faessel absent Applicant: Planning Department City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Location:Parcel A –1750 Douglass Road: This property is approximately 13.56 acres, having frontages of approximately 775 feet on the east side of Douglass Road and 390 feet on the south side of Katella Avenue. Parcel B –1790 Douglass Road: Thisproperty is approximately 2.39 acres, having a frontage of 80 feet on the east side of Douglass Road, approximately 1,350 feet south of the centerlineof Katella Avenue. The Planning Department requests approval to reclassify the Project Planner: Susan Kim OCTA-owned property from the Transitional (T) zone and the City- skim@anaheim.net owned property from the Industrial (I) zone to the Semi-Public (SP) zone. Environmental Determination: Environmental Impact Report No. 330, which was previously certified, has been determined to serve as the appropriate environmental documentation for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, March 24, 2009. DISCUSSION TIME :4minutes (2:42-2:46) 03/02/09 Page 5of 13 MARCH 2, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2008-05378Resolution No. PC2009-030 (Romero) Owner: Tomas Rodriguez 511 East La Palma Avenue Approved, modified Condition No.9 Anaheim, CA 92801 pertaining to gate requirements Applicant: Leon Alexander 558 South Harbor Boulevard VOTE: 6-0 Anaheim, CA 92805 Commissioner Faessel absent Location:511 East La Palma Avenue: This property is located at the northeast corner of Sabina Street and La Palma Avenue, with frontages of 224 feet on the east side of Sabina Street and 190 feet on the north side of La Palma Avenue. The applicant proposes automobile repair, auto body and Project Planner: David See painting, atowing and impound yard,outdoor vehicular dsee@anaheim.net storage and indoor vehicular storagein an existing warehouse building. Environmental Determination:The proposed actionis categorically exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines Class 1 (Existing Facilities). OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, March 24, 2009. DISCUSSION TIME :10minutes (2:47-2:57) 03/02/09 Page 6of 13 MARCH 2, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 5 AMENDMENT TO VARIANCE NO. 447Resolution No. PC2009-031 (TRACKING NO. 2008-04766) (Ramirez) Owner: Gabriel Morales Approved, modified 300 South East Street Condition No. 14pertaining to Anaheim, CA 92805 landscape requirementsand Applicant:added a condition of approval Steve Lazerson requiring semi-annualcode 13854 East Whittier Boulevard enforcement inspectionsfor a Whittier, CA 90605 period of two years. Location:300 South East Street: This property is approximately 0.28-acre, and is located at the VOTE: 6-0 southeast corner of East Street and Broadway, with frontages of 101 feet on the east side of East Street Commissioner Faessel absent and 127 feet on the south side of Broadway. The applicant requests to reinstate a previously-approved Project Planner: David See variance for an existing gasoline service station with accessory dsee@anaheim.net automobile repair and amend the permit to delete a condition of approval pertaining to a time limitation. Environmental Determination:The proposed actionis categorically exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines Class 1 (Existing Facilities). OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, March 24, 2009. DISCUSSION TIME :14minutes (2:58-3:12) 03/02/09 Page 7of 13 MARCH 2, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 6 VARIANCE NO. 2008-04768Resolution No. PC2009-032 (Agarwal) Owner: Trinh Lecong Picadilly Anaheim Affordable Homes, LLC Approved 1291 Puerta del Sol, Suite 200 San Clemente, CA 92673 Applicant:VOTE: 5-1 Loren Sandberg LGS EngineeringCommissioner Ramirez opposed 628 North Eckhoffand Commissioner Faessel absent Orange, CA Location:9221 –9241 Picadilly Way: These two properties have a combined area of 0.29 acres, with afrontage of 164 feet on the north side of Picadilly Way, 461 feet northwest of the centerline of Braeburn Street. The applicant requests a deviation in front yard setback Project Planner: David See and sound attenuation requirements to construct two new dsee@anaheim.net single family homes adjacent to the 91 Freeway. Environmental Determination:The proposed action is categorically exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines Class 3 (New Construction). OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, March 24, 2009. DISCUSSION TIME :5minutes (3:13-3:18) 03/02/09 Page 8of 13 MARCH 2, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 7 CONDITIONAL USE PERMIT NO. 2008-05398Approved Continuance to March 30, 2009 Owner: Beth EmetTemple 1770 West Cerritos Avenue Motion:Eastman/Agarwal Anaheim, CA 92804 Applicant: Jason Kozora VOTE: 6-0 Omnipoint Communications and Trillium ConsultingCommissioner Faessel absent 3 MacArthur Court, Suite 1100 Santa Ana, CA 92707 Location:1770 West Cerritos Avenue: This property is approximately 4.7 acres, having a frontage of 340 feet on the south side of Cerritos Avenue, approximately 522 feet east of Old Fashion Way. The applicantproposes to install a telecommunications Project Planner: Kimberly Wong facility disguised as a palm tree with a height of 50 feet kwong2@anaheim.net where 30 feet is permitted by Code. Environmental Determination: A Negative Declaration has been prepared which evaluates the potential environmental impacts of this project in accordance with the provisions of the California Environmental Quality Act (CEQA). OPPOSITION: None DISCUSSION TIME :This item was not discussed. 03/02/09 Page 9of 13 MARCH 2, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 8 CONDITIONAL USE PERMIT NO. 2008-05399Resolution No. PC2009-033 REQUEST FOR DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00054 Resolution No. PC2009-034 (Buffa) Owner: Abdul Aziz 22365 Birds Eye Drive Diamond Bar, CA 91765 Approved Applicant: Binh Lam 1671 West Katella Avenue, Suite 135 VOTE: 6-0 Anaheim, CA 92802 Commissioner Faessel absent Location:1671 West Katella Avenue, Unit 135: This property is approximately 0.79acre, having a frontage of 106 feet on the northside of Katella Avenue,approximately 283 feet east of Euclid Street. The applicant proposes to establish a convenience Project Planner: market in an existing commercial building with a Type 21 Kim Wong kwong2@anaheim.net (off-sale general) ABC license for the sales of beer, wine and distilled spirits for off-premises consumption. 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). OPPOSITION: None IN SUPPORT: Aperson 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, March 24, 2009. DISCUSSION TIME :15minutes (3:19-3:34) A 7-minute recess was taken (3:35-3:42) 03/02/09 Page 10of 13 MARCH 2, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 9 GENERAL PLAN AMENDMENT NO. 2008-00470Resolution No. PC2009-035 SPECIFIC PLAN AMENDMENT NO. 2008-00055Resolution No. PC2009-036 MISCELLANEOUS CASE NO. 2009-00297Resolution No. PC2009-037 CONDITIONAL USE PERMIT NO. 2009-05403Resolution No. PC2009-038 VARIANCE NO. 2008-04761Resolution No. PC2009-039 FINAL SITE PLAN NO. 2008-00004Resolution No. PC2009-040 REQUEST FOR DETERMINATION OF PUBLIC Resolution No. PC2009-041 CONVENIENCE OR NECESSITY NO. 2009-00056 (Agarwal) REQUEST FOR COUNCIL REVIEW OF ALL ACTIONSMotion Approved RecommendingCity Council Owner:Review Zaby’s LP 444 West Katella Avenue(Agarwal/Eastman) Anaheim, CA 92802 -------------------------------------------- Applicant: Lake Development, Anaheim, LLC Motion by Commissioner Buffa, 20241 Southwest Birch Street, Suite 102 seconded by Commissioner Newport Beach, CA 92660 Eastman, to adopt all Location:Hotel Project -1820 South Harbor Boulevard:resolutions, adding two conditions of approval to the This property is approximately 2.45 acres, having Final Site Plan pertaining to frontages of 202 feet on the east side of Harbor parking and maintenance Boulevard and 540 feet on the south side of requirements and adding a Katella Avenue. condition of approval to the CUP requiring final plans for the LED Specific Plan Amendment No. 2008-00055 and sign to be submitted for Miscellaneous Case No. 2009-00297 apply to Commission review and 1820 South Harbor Boulevard and other approval as a Report and properties in the Anaheim Resort Specific Plan Recommendation item. Zone. Motion Failed The applicant proposes to construct a nine-story, 252-room hotel with75,593 square feet of supporting retail, spa, VOTE: 2-4 nightclub, lounges, restaurants, conference/meeting rooms and hotel offices.Chairman Karaki and Commissioners Agarwal, Ramirez Proposed actions include the following:and Romero opposed; and Commissioner Faessel absent General Plan Amendment No. 2008-00470 -Request to -------------------------------------------- amend the text in the General Plan LandUse Element to reflect a new density category created for the Commercial Motion by Commissioner Recreation District of the Anaheim Resort Specific Plan. Agarwal, secondedby Chairman The new density category will be called “Low Medium Karaki, to adopt all resolutions, Density (Modified)” and would accommodate the additional adding two conditions of square footage of accessory uses proposed with the hotel. approval to the Final Site Plan 03/02/09 Page 11of 13 MARCH 2, 2009 PLANNING COMMISSION ACTION AGENDA Specific Plan Amendment No. 2008-00055 -pertaining to parking and Request to maintenance requirements amend the Anaheim Resort Specific Plan to add the “Low Medium Density (Modified)” density category, modifications Motion Approved to the Central Core and Special Intersection Landscape Treatment to allow special landscape and hardscape VOTE: 5-1 treatments at the corner of Harbor Boulevard and Katella Avenue, and modifications to the sign code to allow a Commissioner Eastmanopposed; greater number and larger signs thancurrently permitted and Commissioner Faessel absent by Code for hotels and accessory retail, allow a changeable copy sign for a hotel when not visible from street level subject to approval of a conditional use permit, Motion by Commissioner allow murals subject to approval of a conditional use permit Agarwal, seconded by and allow multi-tenant signsintegrated with the building Commissioner Eastman to architecture in lieu of a freestanding monument sign recommend City Council review subject to approval of a conditional use permit. of all items related to the subject Amendment to The Anaheim Resort Public Realm request. Landscape Program (Miscellaneous Case No. 2009- 00297)Motion Approved -Request to amend this program to allow special landscape treatment and sculptural urban design elements VOTE: 6-0 andrequire special hardscape treatment withinthe public right-of-way at the intersection of Harbor Boulevard and Commissioner Faessel absent Katella Avenue; Conditional Use Permit No. 2009-05403 -Request to permit a nightclub, health spa, murals visible to the public right-of-way, two changeable copy signs not visible from street level, multi-tenant signs integrated with the building architecture and projecting signs. Variance No. 2008-04761 -Request to allow smaller interior setbacks and fewer parking spaces than permitted by code. Final Site Plan No. 2008-00004 -Request for approval of a Final Site Plan for the development of 252-room hotel and 75,596 square feet of accessory uses. PCN2009-00056 -Request for determinationof public convenience or necessity to permit alcohol sales for a nightcluband sales of beer and wine at a retail store for off-premises consumption. Project Planner: Environmental Determination: A Mitigated Negative Elaine Thienprasiddhi Declaration has been prepared to evaluate the potential ethien@anaheim.net environmental impacts of this project in accordance with the provisions of the California Environmental Quality Act (CEQA). 03/02/09 Page 12of 13 MARCH 2, 2009 PLANNING COMMISSION ACTION AGENDA IN SUPPORT: A person representing the Anaheim Chamber of Commerce submitted a letter and spoke in favor of the subject request. Twopersons representing The Disneyland Resort expressed their support of the project with some exceptions. A person representing United Here, Local 11, expressed interest in the projectand relayed some concerns. Mark Gordon, Assistant City Attorney,presented the 10-day appeal rights for the Final Site Plan ending at 5:00 p.m. on Thursday, March 12, 2009, and presented the 22-day appeal rights for the balance of the actions ending at 5:00 p.m. on Tuesday, March 24, 2009. Thesubject item will be scheduled for a public hearing before the City Councilon March 31, 2009. DISCUSSION TIME :1 hour and 27minutes (3:43-5:10) DISCUSSION: Discussion took place betweenMark Gordon, Assistant City Attorney, Planning Commissioners and Planning staff regarding preliminary plan review sessions. Workshops will continue to be scheduled as requested; however, the preliminary plan review session will be eliminated from future agendas. MEETING ADJOURNED AT 5:25P.M. TO MONDAY, MARCH 16, 2009AT 2:00P.M. FOR CONTINUED WORKSHOP ON IMPLEMENTATION OF SB 375 03/02/09 Page 13of 13