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AA091409 DRAFT City of Anaheim Planning Commission Action Agenda Monday, September 14, 2009 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Commissioners Present :Chairman: Panky Romero Kelly Buffa, Stephen Faessel, Joseph Karaki Commissioners Absent :Peter Agarwal, Todd Ament and Victoria Ramirez Staff Present : CJ Amstrup, Planning Services Manager Lorri Gonzalez, Acting Building Operations Manager Linda Johnson, Principal Planner Preet Bassi, Management Assistant Mark Gordon, Assistant City Attorney Scott Beery, Senior Plans Examiner II Selma Mann, Assistant City Attorney Raul Garcia, Principal Civil Engineer Ted White, Senior Planner David Kennedy, Associate Transportation Planner David See, Senior Planner Elly Morris, Secretary Vanessa Norwood, Associate Planner Kevin Clausen, Planning Aide Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 5:30 p.m. on Wednesday, September 30, 2009, 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, September 3, 2009 Call to Order - 2:30 p.m. Attendance: 28 Pledge of Allegiance by Commissioner Buffa Public Comments Consent Calendar Item No. 1A Public Hearing Item Nos. 2-9 Board of Appeals Public Hearing Item No. 10 Discussion and Action on Proposed Meeting Time Change from 2:30 p.m. to 3:30 p.m. beginning October 12, 2009 Commission Updates Discussion Adjournment SEPTEMBER 14, 2009 PLANNING COMMISSION ACTION AGENDA Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: None Minutes ITEM NO. 1A Motion to approve minutes Receiving and approving the Minutes from the Planning Commission Meeting of August 17, 2009. (Faessel/Buffa) Approved VOTE: 3-0 Chairman Romero and Commissioners Buffa and Faessel voted yes. Commissioners Agarwal, Ament and Ramirez were absent. Commissioner Karaki abstained. 09/14/09 Page 2 of 12 SEPTEMBER 14, 2009 PLANNING COMMISSION ACTION AGENDA Public Hearing Items: ITEM NO. 2 AMENDMENT TO CONDITIONAL USE PERMIT NO. Resolution No. 2009-076 2003-04814 (TRACKING NO. CUP2003-04814A) (Faessel) Owner: Pastor Jean Wilson Approved, added Condition No. 3 Guiding Light Christian Fellowship 631 South Brookhurst Street, Suite 114 Anaheim, CA 92805 VOTE: 4-0 Applicant: Tatiana Bello Chairman Romero and Galaxy Investments, Inc. Commissioners Buffa, Faessel and 17612 Beach Boulevard, Suite 2 Karaki voted yes. Huntington Beach, CA 92647 Commissioners Agarwal, Ament and Location: 631 South Brookhurst Street Ramirez were absent. The applicant proposes to amend the hours of operation for an existing church. Environmental Determination: The proposed action is Project Planner: Kevin Clausen Categorically Exempt from the requirement to prepare kclausen@anaheim.net 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, October 6, 2009. DISCUSSION TIME : 7 minutes (2:36 to 2:43) 09/14/09 Page 3 of 12 SEPTEMBER 14, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2009-05441 Motion to continue hearing to October 12, 2009 Owner:( Larry Lopez Karaki/Faessel) Superior Tree Care 1342 North Miller Street Approved Anaheim, CA 92806 Applicant: Phil Schwartze VOTE: 3-1 PRS Group 31872 San Juan Creek Road Chairman Romero and San Juan Capistrano, CA 92675 Commissioners Faessel and Karaki voted yes. Location: 1342 North Miller Street Commissioner Buffa voted no. The applicant proposes to operate an outdoor greenwaste collection and recycling facility in conjunction with an Commissioners Agarwal, Ament existing tree care service business. and Ramirez were absent. Environmental Determination: A Negative Declaration has been determined to serve as the appropriate environmental documentation for this project in accordance with the Project Planner: Vanessa Norwood provisions of the California Environmental Quality Act vnorwood@anaheim.net (CEQA). OPPOSITION: One person spoke in opposition and submitted photographs pertaining to the subject request. DISCUSSION TIME : 28 minutes (2:44 to 3:12) 09/14/09 Page 4 of 12 SEPTEMBER 14, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2009-05435 Resolution No. 2009-077 (Buffa) Owner: Kenneth J. Catanzarite Parkgate Center L.P. Approved 2331 West Lincoln Avenue Anaheim, CA 92801 Applicant:VOTE: 4-0 Martha Herrera Iglesia Casa De Oracion Chairman Romero and 9541 Ball Road Apt. 307 Commissioners Buffa, Faessel Anaheim, CA 92804 and Karaki voted yes. Location: 2323 West Lincoln Avenue Commissioners Agarwal, Ament and Ramirez were absent. The applicant proposes to establish a community and religious assembly hall in an existing office and commercial building. (A request for fewer parking spaces than required by code was removed because there is sufficient parking.) 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). OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, October 6, 2009. DISCUSSION TIME : 4 minutes (3:13 to 3:17) 09/14/09 Page 5 of 12 SEPTEMBER 14, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 5 VARIANCE NO. 2009-04790 Motion to continue hearing to October 12, 2009 Owner: Anaheim Gardens Homeowners Association (Karaki/Faessel) 4175 East La Palma Avenue, Suite 100 Anaheim, CA 92806 Approved Applicant: Diana Byrnes New Start Management Services VOTE: 4-0 4175 East La Palma Avenue, Suite 100 Anaheim, CA 92806 Chairman Romero and Commissioners Buffa, Faessel Location: 944 South State College Boulevard and Karaki voted yes. The applicant proposes a smaller landscape setback than Commissioners Agarwal, Ament required by Code adjacent to a single-family residential and Ramirez were absent. zone to permit additional parking spaces. Environmental Determination: The proposed action is Project Planner: Linda Johnson Categorically Exempt from the requirement to prepare ljohnson@anaheim.net additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Class 1 (Existing Facilities). OPPOSITION: None DISCUSSION TIME : This item was not discussed. 09/14/09 Page 6 of 12 SEPTEMBER 14, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 6 VARIANCE NO. 2009-04788 Resolution No. 2009-078 (Karaki) Owner and Kuther Jagganath Applicant: Kaiser Hospital Approved 3460 East La Palma Avenue Anaheim, CA 92806 Location: 3460 East La Palma AvenueVOTE: 4-0 Chairman Romero and The applicant proposes to construct new freestanding Commissioners Buffa, Faessel monument signs and wall signs for a Kaiser Hospital and Karaki voted yes. campus. The number, size, location and height of the signs exceed Code requirements. Commissioners Agarwal, Ament and Ramirez were absent. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Project Planner: David See Environmental Quality Act (CEQA) Guidelines, Class 11 dsee@anaheim.net (Accessory Structures). OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, October 6, 2009. DISCUSSION TIME : 12 minutes (3:18 to 3:30) 09/14/09 Page 7 of 12 SEPTEMBER 14, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 7 TENTATIVE PARCEL MAP NO. 2009-121 Resolution No. 2009-079 (Buffa) Owner: Patrick Russell Sares Regis Approved, modified Condition 18802 Bardeen Avenue No. 3 Irvine, CA 92715 Applicant: Alicia Martinez VOTE: 4-0 Thienes Engineering, Inc 14349 Firestone Boulevard Chairman Romero and La Mirada, CA 90638 Commissioners Buffa, Faessel and Karaki voted yes. Location: 3400 East Miraloma Avenue Commissioners Agarwal, Ament The applicant proposes to subdivide a 6.5-acre property to and Ramirez were absent. create a 3-lot industrial subdivision. Environmental Determination: The proposed action is Project Planner: David See Categorically Exempt from the requirement to prepare dsee@anaheim.net additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Class 15 (Minor Land Divisions). OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-day appeal rights ending at 5:00 p.m. on Thursday, September 24, 2009. DISCUSSION TIME : 3 minutes (3:31 to 3:34) 09/14/09 Page 8 of 12 SEPTEMBER 14, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 8 AMENDMENT TO DEVELOPMENT AGREEMENT NOS. Motion to continue hearing to DAG2005-00001 (TRACKING NO. DAG2009-00004 September 30, 2009 DAG2005-00002 (TRACKING NO. DAG2009-00005) AND (Karaki/Faessel) DAG2005-00003 (TRACKING NO. DAG2009-00006) Owner:Approved Bob Linder BRE Properties, Inc. 5141 California Avenue, Suite 250 VOTE: 4-0 Irvine, CA 92614 Chairman Romero and Bert Haboucha Commissioners Buffa, Faessel 1515 E. Katella Avenue Anaheim, LLC and Karaki voted yes. 5 Park Plaza, Suite 1640 Irvine, CA 92614 Commissioners Agarwal, Ament and Ramirez were absent. Applicant: Nicolle Ferrier Huitt-Zollars 430 Exchange, Suite 200 Irvine, CA 92602 Location: 1515 East Katella Avenue, 1761 and 1781 South Campton Avenue and 1551 East Wright Circle The applicant proposes to modify Section 9.5 of the Project Planner: Ted White Development Agreement and conditions of approval twhite@anaheim.net relating to the required relocation of an adjacent vehicular driveway. Environmental Determination: A Mitigated Negative Declaration, which was previously-approved, 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 DISCUSSION TIME: This item was not discussed. 09/14/09 Page 9 of 12 SEPTEMBER 14, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 9 CONDITIONAL USE PERMIT NO. 2009-05443 AND Resolution No. 2009-080 VARIANCE NO. 2009-04793 (Faessel) Owner and Praful Patel Applicant: Approved Nara Investments, LLC 1441 South Manchester Avenue Anaheim, CA 92802 VOTE: 4-0 Location: 1441 South Manchester Avenue Chairman Romero and Commissioners Buffa, Faessel The applicant proposes to partially remodel an existing and Karaki voted yes. hotel to permit a full service spa/massage establishment with a building setback adjacent to Manchester Avenue that Commissioners Agarwal, Ament is less than required by Code. and Ramirez were absent. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Project Planner: Ted White Environmental Quality Act (CEQA) Guidelines, Class 1 twhite@anaheim.net (Existing Facilities). OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, October 6, 2009. DISCUSSION TIME : 7 minutes (3:35 to 3:42) A 5-minute break was taken (3:43-3:48) 09/14/09 Page 10 of 12 SEPTEMBER 14, 2009 PLANNING COMMISSION ACTION AGENDA ITEM NO. 10 BOARD OF APPEALS APPEAL OF THE BUILDING Motion to uphold the OFFICIALS DETERMINATION PERTAINING TO BUILDING PERMIT NO. 2006-01658 Building Code provision and (The Planning Commission is designated as the Board of Appeals per Anaheim Municipal Code Section 15.02.110.) determination Owner: Front Porch Communities (Buffa/Romero) 303 North Glenoaks, Suite 1000 Burbank, CA 91502 Approved Applicant: Stewart H. Ankrom, AIA, NCARB, President Ankrom Moisan Architects VOTE: 3-1 6720 SW MacAdam Portland, OR 97219 Chairman Romero and Commissioners Buffa and Faessel Location: 891 South Walnut Street voted yes. Commissioner Karaki voted no. that thirty-five of the residential units in the Walnut Village Commissioners Agarwal, Ament Continuing Care Retirement Community project do not and Ramirez were absent. comply with the 2001 California Building Code Section 1112A.2 pertaining to kitchen cabinet clearances. Environmental Determination: The proposed action is Staff Contact: exempt from the California Environmental Quality Act under Lorri Gonzalez Section 21080 of the Public Resources Code. lgonzalez@anaheim.net OPPOSITION: None IN SUPPORT: Oneperson spoke in favor of the subject request. Selma Mann, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, October 6, 2009. DISCUSSION TIME : 1 hour and 16 minutes (3:49 to 5:05) 09/14/09 Page 11 of 12 SEPTEMBER 14, 2009 PLANNING COMMISSION ACTION AGENDA DISCUSSION: PROPOSED PLANNING COMMISSION MEETING TIME CHANGE Chairman Romero offered a motion, seconded by Commissioner Karaki, to change the time that Planning Commission meetings begin from 2:30 p.m. to 3:30 p.m., starting with the October 12, 2009 meeting. The motion passed with four yes votes. Chairman Romero and Commissioners Buffa, Faessel and Karaki voted yes. Commissioners Agarwal, Ament and Ramirez were absent. MEETING ADJOURNED AT 5:10 P.M. TO WEDNESDAY, SEPTEMBER 30, 2009 AT 2:30 P.M. 09/14/09 Page 12 of 12