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MN031907 City of Anaheim Planning Commission Action Agenda Monday,March 19, 2007 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRMAN: GAIL EASTMAN Commissioners Present : KELLY BUFFA, STEPHEN FAESSEL,CECILIA FLORES, JOSEPH KARAKI, PANKY ROMERO, PAT VELASQUEZ Commissioners Absent : NONE Staff Present : Mark Gordon, AssistantCity AttorneyJames Ling, Principal Civil Engineer Ted White, Senior PlannerJamie Lai,Principal CivilEngineer Judy Dadant, Senior PlannerAbbySemblantes, Project Manager II Elaine Thienprasiddhi, PlannerAndy Nogal, Project Manager II Kimberly Wong, Assistant PlannerElly Morris, Senior Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 10:00 a.m. on Thursday, March 15, 2007, inside the display case located in the foyer of the Council Chambers, and also in the outside display kiosk. Published: Anaheim Bulletin Newspaper on Thursday, February 22, 2007 Call To Order Preliminary Plan Review 1:00 P.M. • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS AND ISSUES (AS REQUESTED BY PLANNING COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE MARCH 19, 2007AGENDA Recess To Afternoon Public Hearing Session Reconvene To Public Hearing 2:30P.M. Attendance: 50 For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. Pledge Of Allegiance: Commissioner Velasquez Public Comments Consent Calendar Public Hearing Items Adjournment You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net H:\TOOLS\PCADMIN\PCACTIONAGENDA\2007MINUTES\MN031907.DOC MARCH 19, 2007 PLANNING COMMISSION ACTION AGENDA Anaheim Planning Commission Agenda -2:30P.M. Public Comments: None This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. CommissionerBuffa offered a motion, seconded by CommissionerVelasquezand MOTION CARRIED (Commissioner Buffa abstained on Item 1-Apertaining to a portion of the Minutes, Item No. 5;and Commissioner Floresabstained on Item 1-A), for approval of Consent Calendar Items1-Aand 1-Bas recommended by staff. UNANIMOUSLY APPROVED Minutes Approved 1A.Receiving and approving the Minutes from the Planning Commission Meeting of January 22, 2007. (Motion) Consent Calendar Approval Commissioner Buffa abstained on a portion of the Minutes pertaining to Item No. 5; and Commissioner Flores abstained as she was not present for the meeting. VOTE: 6-0 1B.Receiving and approving the Minutes from the Planning Commission Continued to April 2, Meeting of March 5, 2007. (Motion)2007 Consent Calendar Approval VOTE: 7-0 03-19-07 Page 2 MARCH 19, 2007 PLANNING COMMISSION ACTION AGENDA Public Hearing Items: 2a.CEQANEGATIVE DECLARATION Continued to 2b.WAIVER OF CODE REQUIREMENT April 2, 2007 2c.CONDITIONAL USE PERMIT NO. 2006-05164 Motion: Romero/Karaki Owner:Daniel Rubalcava,508 North East Street, LLC, Anaheim, CA 92807 VOTE: 7-0 Agent:Greg Howell, 20561 Suburbia Lane, Huntington Beach, CA 92646 Location:508 North East Street:Property is approximately 1.15 acres and is located at the northeast corner of Sycamore Street and East Street (La Reina Market). Request to permit the expansion of an existing legal non-conforming market with sales of beer and wine for off-premises consumption and to establish land use conformity for an existing legally non-conforming commercial retail center with waiver of minimum number of parking spaces. Continued from the January 8, and March 5, 2007, Planning Commission meeting. Project Planner: (kwong2@anaheim.net) Conditional Use Permit Resolution No. ___________ OPPOSITION:None DISCUSSION TIME:This item was not discussed. 03-19-07 Page 3 MARCH 19, 2007 PLANNING COMMISSION ACTION AGENDA 3a.CEQACATEGORICAL EXEMPTION –CLASS 3 Concurred with staff Faessel/Velasquez (READVERTISED) 3b. WAIVER OF CODE REQUIREMENT Approved, in part 3c.CONDITIONAL USE PERMIT NO. 2005-05030 Approved Faessel (TRACKING NO. CUP2006-05180) Owner:SouthernCalifornia Edison, FrankSalomone, 14799 Chestnut Street, Westminster, CA 92683 Agent:Stephanie Li, 14708 Valley Boulevard, City of Industry, CA 91746 Location:1500 South State College Boulevard:Property is approximately 2.1 acres and is located at the southeast corner of State College Boulevard and Cerritos Avenue with frontages of 193 feet on the east side of State College Boulevard and 909 feet on the south side of Cerritos Avenue (Feng Run Garden). Requestto modify exhibits and conditions of approval for a previously- approved plant nursery with accessory retail sales and to permit a modular unit with waiversof (a) minimum landscape setback and (b) required improvement of right-of-way. Continued from the March 5, 2007, Planning Commission meeting. Project Planner: (kwong2@anaheim.net) Conditional Use Permit Resolution No. PC2007-20 OPPOSITION:None ACTION:MOTION:Commissioner Faessel offered a motion,seconded by Commissioner Buffa to approve waiver (a)minimum landscape setbackand approve, in part,waiver (b) required improvement of right-of-way for a 13-foot landscaped parkway, no sidewalk along Cerritos Avenue, and a 10-foot landscaped parkway, no sidewalk along State College Boulevard. AMENDMENT TO MOTION: Commissioner Karakioffered an amendment to the motion, seconded by Commissioner Romero to also require anew handicapped ramp at the corner of State College Boulevard and Cerritos Avenue,and a 5-foot sidewalkfrom the ramp along Cerritos Avenue to the proposed driveway along Cerritos Avenue. VOTE ON AMENDMENT TO MOTION:4-3(Commissioners Eastman, Karaki, Romero,Velasquezvoted yes, and Commissioners Faessel, Flores,Buffavoted no)and MOTION CARRIED. VOTE ONMOTION,ASAMENDED: 5-2(Commissioners Eastman, Faessel, Karaki, Romero, Velasquezvoted yes, and CommissionersBuffa, Floresvoted no)and MOTION CARRIED. VOTE ON CUP: 7-0 03-19-07 Page 4 MARCH 19, 2007 PLANNING COMMISSION ACTION AGENDA Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, April 10, 2007. DISCUSSION TIME:1 hour and 7minutes (2:37-3:35) (3:47-3:56) break A 10-minute break was taken(3:36-3:46p.m.) 03-19-07 Page 5 MARCH 19, 2007 PLANNING COMMISSION ACTION AGENDA 4a. CEQANEGATIVE DECLARATION Approved Romero/Flores 4b. WAIVER OF CODE REQUIREMENT Approved Romero/Flores 4c. CONDITIONAL USE PERMIT NO. 2007-05184 Granted Romero Owner: Roman Catholic Bishop of Orange, 2811 East Villa Real Drive,Orange, CA 92867 Modified Condition No. 1 Agent:David Meider, Development One. Inc., VOTE: 7-0 th 1611 East 4Street, Santa Ana, CA92701 Location: 1450 East La Palma Avenue:Property is approximately 8.21-acres*, having a frontage of 392 feet on the south side of La Palma Avenue and is located 120 feet east of the centerline of Buttonwood Street. Request to permit two modular buildings for classrooms at an existing parochial school with waiver of minimum number of parking spaces. * Advertised as 2.33-acres. Project Planner: Conditional Use Permit Resolution No. PC2007-21 (ethien@anaheim.net) OPPOSITION:None IN GENERAL:A person spoke with concerns pertaining to the subject site. Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, April 10, 2007. DISCUSSION TIME:15minutes (3:57-4:12) 03-19-07 Page 6 MARCH 19, 2007 PLANNING COMMISSION ACTION AGENDA 5a.CEQASECOND ADDENDUM TO THE POINTE Recommended City Velasquez/Faessel ANAHEIM INITIAL STUDY AND MITIGATED NEGATIVE Council Approval DECLARATION (PREVIOUSLY-APPROVED) 5b. AMENDMENT NO. 7 TO THE DISNEYLAND RESORT Recommended City Velasquez SPECIFIC PLAN NO. 92-1 Council Approval TRACKING NO. SPN2007-00047) Owner:William Stone, Sr. Vice President, Anaheim GW LLC, 17140 VOTE: 7-0 Bernardo Center Drive,Suite #300,San Diego, CA 92128 Agent:Dewayne Mitchell, Cheesecake Factory, 17701 Mitchell North, Irvine, CA 92614 Location:321 West Katella Avenue, 1717 South Clementine Street and 1700 South Harbor Boulevard:Property is located on approximately 29.1 acres in The Anaheim Resort between Harbor Boulevard and Clementine Street, and Disney Way and Katella Avenue. The project site has approximate frontages of 1,500 feet on the south side of Disney Way between Harbor Boulevard and Clementine Street, 1,185 feet on the west side of Clementine Street between Disney Way and Katella Avenue (excluding Fire Station No. 3 at 1713-1717 South Clementine Street), 728 feet on the north side of Katella Avenue between Clementine Street and a point 771 feet west of the centerline of Clementine Street, and 585 feet on the east side of Harbor Boulevard between Disney Way and a point 615 feet south of the centerline of Disney Way. Request to modify Zoning and Development Standards pertaining to permitted architectural encroachments in required building setback areas and modify exhibits pertaining to the maximum number and location of permitted wall signs. Project Planner: Specific Plan Amendment No.PC2007-22 (twhite@anaheim.net) OPPOSITION:None Mark Gordon, Assistant City Attorney, stated thisitem will be scheduled for a public hearingbefore the City Council. DISCUSSION TIME: 7minutes (4:13-4:20) 03-19-07 Page 7 MARCH 19, 2007 PLANNING COMMISSION ACTION AGENDA 6a.PUBLIC RESOURCES CODE EXEMPTION Approved Karaki/Flores SECTION 21159.23 6b.DETERMINATION OF CONFORMANCE WITH STATE Approved Karaki/Flores DENSITY BONUS LAW (MISCELLANEOUS PERMIT NO. 2007-00184) VOTE: 7-0 Owner: Global Premiere DevelopmentInc., 1012 Brioso Drive,Suite 202, Costa Mesa, CA 92627 Agent: Broadway Village Investors, 5 Park Plaza Suite 980, Irvine, CA 92614 Location:1245 East Broadway:Property is approximately 1.5- acres, having a frontage of 150 feet on the north side of Broadway and is located 153 feet west of the centerline of Fahrion Place. Planning Commission determination of conformance with State density bonus requirements to construct a 46-unit affordable apartment complex with incentives*. Project Planner: *Advertised as “47-unit affordable apartment complex with a density bonus and (kwong2@anaheim.net)) incentives” OPPOSITION:6 people 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 Tuesday, April 10, 2007. DISCUSSION TIME:1 hour and 19minutes (4:21-5:40) 03-19-07 Page 8 MARCH 19, 2007 PLANNING COMMISSION ACTION AGENDA 7a. CEQACATEGORICAL EXEMPTION –CLASS 1 Concurred with staff Buffa/Velasquez 7b. CONDITIONAL USE PERMIT NO. 2007-05185 Granted CUP Owner: Albert De Mascio Trust,1097 Via Verde, Commissioner Buffa offered a Cathedral City, CA 92234-4356 deny resolutionto CUP. The FAILED TO CARRY resolution. Agent: Ed Perez, EP Development, 5753 –GSanta Ana Canyon Road, #131 VOTE: 3-4 Anaheim, CA92807 Commissioners Flores, Karaki, RomeroandVelasquez voted no Location:125 North State College Boulevard:Property is approximately 0.66-acre, having a frontage of 101 feet on the west side of State College Boulevard and is CUP located 304 feet north of the centerline of Center Street. Commissioner Karaki offered an approve alternate resolution to CUP. Request to add a walk-up window to an existing restaurant and public Modified Condition Nos.1 and 6 dance facility. Added 3 conditions of approval * Advertised as “with on-premises sales and consumption of alcoholic VOTE: 7-0 beverages”. Conditional Use Permit Resolution No. PC2007-23 Project Planner: (kwong2@anaheim.net) OPPOSITION:None IN SUPPORT:A person 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, April 10, 2007. DISCUSSION TIME:1 hour(5:41-6:41) 03-19-07 Page 9 MARCH 19, 2007 PLANNING COMMISSION ACTION AGENDA 8a. CEQACATEGORICAL EXEMPTION-CLASS 1 Concurred with staff Buffa/Flores 8b.WAIVER OF CODE REQUIREMENT Approved Buffa/Flores 8c. CONDITIONAL USE PERMIT NO. 2007-05187 Granted Buffa Owner: Peter Issa, 14822 Kornblum Avenue, VOTE: 6-0 Hawthorne, CA 90250-8437 Commissioner Velasquez absent Agent: Jean-Pierre Boladian, Boladarck Architects, 221 East Glenoaks Boulevard #225, Glendale, CA 91207 Location:2437-2441West Ball Road:Property is approximately 0.45-acre, and is located at the northwest corner of Ball Road and Roanne Street. Request to permit the division of a retail unit into three (3) units and establish land use conformity for an existing commercialretail center with waiver of minimum number of required parking spaces. Project Planner: Conditional Use Permit Resolution No. PC2007-24 (kwong2@anaheim.net)) OPPOSITION:None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, April 10, 2007. DISCUSSION TIME:6minutes (6:42-6:48) Commissioner Velasquez left the Council Chambers at 6:45 p.m. 03-19-07 Page 10 MARCH 19, 2007 PLANNING COMMISSION ACTION AGENDA 9a. CEQANEGATIVE DECLARATION Approved Karaki/Romero 9b.WAIVER OF CODE REQUIREMENT Approved,in part Karaki/Romero 9c. CONDITIONAL USE PERMIT NO. 2007-05182 Granted Karaki WAIVERS Owner: Abdul Aziz,22365 Birdeye Drive, Approved waivers (a), (c), Diamond Bar, CA 91765-2404 (d); and denied waiver (b) since it has been deleted. Agent:Shakil Patel, 25982 Hinckley Street, Loma Linda, CA 92354 VOTE: 6-0 Commissioner Velasquez Location:1671 West Katella Avenue:Property is approximately absent 0.79-acre, having a frontage of 106 feet on the north side of Katella Avenue and is located 283 feet east of the centerline of Euclid Street. Request to construct a 14-unit commercial retail center with waivers of (a) maximum structural height, (b) minimum landscaped setback abutting a residential zone, (c) minimum structural setback abutting a residential zone and (d) minimum number of parking spaces. Project Planner: Conditional Use Permit Resolution No. PC2007-25 (kwong2@anaheim.net)) OPPOSITION:None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, April 10, 2007. DISCUSSION TIME:23minutes (6:49-7:12) MEETING ADJOURNED AT 7:13 P.M. TO MONDAY, APRIL 2, 2007AT 1:00 P.M. FOR PRELIMINARY PLAN REVIEW. 03-19-07 Page 11