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AA052709 City of Anaheim Planning Commission Action Agenda Wednesday,May 27, 2009 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Commissioners Present :Chairman: Joseph Karaki Peter Agarwal, Kelly Buffa, Gail Eastman, Stephen Faessel,Panky Romero Commissioners Absent :Victoria Ramirez Staff Present : CJ Amstrup, Planning Services ManagerElaine Theinprasiddhi, Associate Planner Linda Johnson,Principal PlannerMark Gordon, Assistant City Attorney David See, Senior PlannerRaul Garcia, Principal Civil Engineer Ted White, Senior PlannerDavid Kennedy, Associate Transportation Planner Della Herrick, Associate PlannerMichele Irwin, Senior Police Services Representative Vanessa Norwood, Associate PlannerGrace Medina, Senior Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted at5:30 p.m. onWednesday,May 20, 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, May 14,2009 Call to Order-2:30 p.m. Attendance: 28 Pledge of AllegiancebyCommissioner Buffa Public Comments Consent Calendar Public Hearing Items Adjournment MAY 27, 2009 PLANNING COMMISSION ACTION AGENDA Anaheim Planning Commission Agenda -2:30 P.M. Public Comments: None Minutes ITEM NO. 1A –May 11, 2009 Meeting MinutesMotionto approve minutes (Faessel/Romero) Receiving and approving the Minutes from the Planning Approved Commission Meeting of May 11, 2009. These minutes have been provided to the Planning Commission and VOTE: 4-0 are available for review at the Planning Department. Chairman Karakiand Commissioners Agarwal, Buffa, and Faesselvoted yes. Commissioners Eastman and Romero abstained. Commissioner Ramirezwas absent. 05/27/09 Page 2of 10 MAY 27, 2009 PLANNING COMMISSION ACTION AGENDA Public Hearing Items: ITEM NO. 2 ZONING CODE AMENDMENT NO. 2009-00078Motionrecommending City Council approval Applicant: Christiane Dussa(Eastman/Romero) DMJM 999 Towne and Country Approved Orange, CA 92868 Location:Citywide VOTE: 6-0 The applicant proposes an amendment toTitle 18 of the Chairman Karaki and Anaheim Municipal Code to allow properties larger than five Commissioners Agarwal, acres to display up to four flags or banners,includinga flag for Buffa, Eastman, Faessel, non-fraternal organizations.and Romerovoted yes. Commissioner Ramirez Environmental Determination: The proposed action is was absent. categorically exempt from the requirement to prepare environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Class 4 (Minor Alterations to Land). Project Planner: Elaine Thienprasiddhi This item was continued from the May 11, 2009 Planning ethien@anaheim.net Commission meeting. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, June 18, 2009. DISCUSSION TIME :13minutes (2:37to 2:50) 05/27/09 Page 3of 10 MAY 27, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 3 AMENDMENT TO CONDITIONAL USE PERMITResolution No. PC2009-056 NO. 2008-05301 (Agarwal) (TRACKING NO. CUP2009-05419) Approved Owner/ Patrick McLaughlin Applicant:VOTE: 6-0 Advanced Clinical Research Institute 1211 West La Palma Avenue, Suite 302Chairman Karaki and Anaheim, CA 92801Commissioners Agarwal, Buffa, Eastman, Faessel, Location:1085 North Harbor Boulevard andRomerovoted yes. Commissioner Ramirez The applicant proposes to amend the conditions of approvalfor was absent. a previouslyapproved clinical research facility. Environmental Determination: The proposed action is Project Planner: Vanessa Norwood categorically exempt from the requirement to prepare vnorwood@anaheim.net 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 Thursday, June 18, 2009. DISCUSSION TIME :12minutes (2:51to 3:03) 05/27/09 Page 4of 10 MAY 27, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 4 AMENDMENT TO CONDITIONAL USE PERMIT Resolution No. PC2009-057 NO. 2007-05202 (Buffa/Faessel) (TRACKING NO. CUP2008-05371)AND------------------------------------------------------- VARIANCE NO. 2009-04784Motion to adopt a resolution * approving the office and training Owner:facility only. The Andrew C. Edward Trust(Agarwal/Faessel) 1230 South Lewis Street Motion Failed Anaheim, CA 92805 Applicant:VOTE: 2-4 RogerDeitos GAA ArchitectsCommissioners Agarwal and Faessel 4 Park Plaza, Suite 120voted yes. Irvine, CA 92614Chairman Karaki and Commissioners Buffa, Eastman, and Romerovoted no. Location:1055 East Ball Road Commissioner Ramirez was absent. ------------------------------------------------------- Motion to adopt a resolution The applicant proposes to modify a previously- approving all requested actions approved permit to construct a 7-story office except the public dance hall, with building with a height exceeding 100 feet and to modifications to Condition Nos. 8 and permit a restaurant with outdoor dining and a public 38 and the addition of a new condition dance hall**with the sales of alcoholic beverages pertaining to a driveway. with fewer parking spaces than required by code and a greater floor area ratio than allowed by code.(Buffa/Faessel) Motion Approved Environmental Determination: An Addendum to a previouslyapproved Mitigated NegativeDeclaration VOTE: 6-0 has been determined to serve as the appropriate environmental documentation for this requestin Chairman Karaki and Commissioners accordance with the provisions of the California Agarwal, Buffa, Eastman, Faessel, and Environmental Quality Act (CEQA).Romero voted yes. Commissioner Ramirez was absent. Project Planner: *A Request for Determination of Public Convenience or Necessity Elaine Thienprasiddhi No. 2008-00052 was advertised for this project. It is no longer ethien@anaheim.net required and has been withdrawn. **The public dance hall component was originally advertised as a nightclub. OPPOSITION: 5 persons spoke in opposition to the subject request. Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, June 18, 2009. DISCUSSION TIME :73minutes (3:03to 4:16) 05/27/09 Page 5of 10 MAY 27, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2009-05422 ANDResolution No. PC2009-058 REQUEST FOR DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2009-00060Resolution No. PC2009-059 (Eastman) Owner: KF Harbor LLC 6125 San Vicente Blvd. CUP No. 2009-05422 Los Angeles CA90048 Approved Applicant: Jacob Poozhikala PCN2009-00060 7101 Monroe Avenue Approved with deletion of Buena Park, CA90620 Condition No. 5 Location:859 South Harbor Boulevard VOTE: 4-2 The applicant proposes to operate a convenience market with Chairman Karaki and the sales of beer and wine for off-premises consumption in an Commissioners Buffa, Eastman, existingcommercial building. The applicant also requests a and Romerovoted yes. determination that the public convenience or necessity would CommissionersAgarwal and be served by the issuance of a Type 20 (off-sale beer and Faessel voted no. wine) alcoholic beverage license for this convenience market.Commissioner Ramirez was absent. Environmental Determination:The proposed action is categorically exempt from the requirement to prepare environmental documentation per California Environmental Quality Act (CEQA) Guidelines,Class 1 (Existing Facilities). Project Planner: Della Herrick dherrick@anaheim.net OPPOSITION: One piece ofcorrespondencewas received and oneperson spoke in opposition to the subject request. Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, June 18, 2009. DISCUSSION TIME :97minutes (4:16to 5:53) 05/27/09 Page 6of 10 MAY 27, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 6 VARIANCE NO. 2009-04778 Request for withdrawal No action required Owner: Joey Santos 132 S Eucalyptus Drive Anaheim,CA92808 Applicant: EJB Designs 3730 Tovar Way Chino Hills, CA 91709 Location:132 South Eucalyptus Drive Project Planner: The applicant proposes to retain an existing two-story Della Herrick detached racquetball court with a side yard setback less than dherrick@anaheim.net required by code. Environmental Determination: The proposed project is categorically exempt from the requirement to prepare environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Class 1(Existing Facilities). OPPOSITION: None DISCUSSION TIME :This item was not discussed. 05/27/09 Page 7of 10 MAY 27, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 7 CONDITIONAL USE PERMIT NO. 2009-05417Resolution No. PC2009-060 (READVERTISED) (Faessel) Owner/ Allan Ansdell ApplicantApproved :Dolly and Daisy, LLC 1238 South Beach Boulevard Anaheim, CA 92804 VOTE: 6-0 Location:1238 South Beach Boulevard Chairman Karaki and Commissioners Agarwal, The applicant proposes to allow church services and a banquet Buffa, Eastman, Faessel, facility with alcohol service in an existing two story building on and Romerovoted yes. the Hobby City property (the former Hobby City Doll and Toy Commissioner Ramirez Museum).was absent. Environmental Determination:The proposed project is categorically exempt from the requirement to prepare Project Planner: David See environmental documentation perCalifornia Environmental dsee@anaheim.net 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 Thursday, June 18, 2009. DISCUSSION TIME :68minutes (4:53to 5:01) 05/27/09 Page 8of 10 MAY 27, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 8 AMENDMENT TO CONDITIONAL USE PERMIT NO. 1322 Motion to continue item to (TRACKING NO. CUP2008-05356),June 22, 2009 AMENDMENT TO CONDITIONAL USE PERMIT NO. 4014 (Eastman/Faessel) (TRACKING NO. CUP2009-05428) AND VARIANCE NO. 2009-04776 VOTE: 6-0 Owners: Sidney BickelChairman Karaki and 5585 Via Dicha#BCommissioners Agarwal, Laguna Hills, CA 92653 Buffa, Eastman, Faessel, and Romerovoted yes. First Southern Baptist ChurchCommissioner Ramirez 1275 East Broadwaywas absent. Anaheim, CA 92805 Applicant: Phil Schwartze PRS Group 31872 SanJuanCreekCircle SanJuanCapistrano,CA92675 Location:633 South East Street (Quartz Dealer Direct) 1275 East Broadway (First Southern Baptist Church) The applicant proposes toreinstate a previously-approved conditional use permit for Quartz Dealer Direct, an automotive Project Planner: Ted White wholesale and retail auction facility with fewer parking spaces than twhite@anaheim.net required by Code, and delete a condition of approval which sets an expiration date for the permit; and,amend a previously-approved conditional use permit for the First Southern Baptist Church and private school to permit satellite parking for the Quartz Dealer Direct business with fewer parking spaces than required by Code. Environmental Determination: A Negative Declaration has been determined to serve as the appropriate environmental documentation for this requestin accordance with the provisions of the California Environmental Quality Act (CEQA). This item was continued from the April 13, 2009 Planning Commission meeting . OPPOSITION: 5persons spoke in opposition to the subject request. DISCUSSION TIME :41minutes (5:01to 5:42) 05/27/09 Page 9of 10 MAY 27, 2009 PLANNING COMMISSION ACTION AGENDA MEETING ADJOURNED AT 5:42P.M. TO MONDAY, JUNE 22, 2009AT 2:30P.M. 05/27/09 Page 10of 10