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MN121205 CITY OF ANAHEIM Planning Commission Action Agenda Monday,December 12, 2005 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California CHAIRMAN: GAIL EASTMAN Commissioners Present : KELLY BUFFA, CECILIA FLORES, JOSEPH KARAKI, ED PEREZ, PANKY ROMERO, PAT VELASQUEZ Commissioners Absent : NONE Staff Present : Mark Gordon, AssistantCity AttorneyAmy Vazquez, Associate Planner Greg Hastings, Planning Services ManagerJames Ling, PrincipalCivil Engineer Greg McCafferty, Principal PlannerDella Herrick, Associate Planner Ted White, Senior PlannerKimberly Wong, Planning Aide John Ramirez,Associate PlannerDanielle Masciel, Word Processing Operator Agenda Posting: A complete copy of the Planning Commission Agenda was posted at4:00 p.m. on Thursday, December 8, 2005, 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, November 17, 2005 Call To Order Preliminary PlanReview 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 DECEMBER 12, 2005 AGENDA • DISCUSSION REGARDING PLANNING COMMISSION COMPENSATION Recess To Afternoon Public Hearing Session Reconvene To Public Hearing 2:30 P.M. Attendance: 7 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 Buffa 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\PCMINIACT\2005MINUTES\MN121205.DOC DECEMBER 12, 2005 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. ChairmanEastmanoffered a motion, seconded by Commissioner Buffaand MOTION CARRIED, for approval of Consent Calendar Items 1-A and 1-Das recommended by staff. Consent Calendar Items1-B and 1-Cwereremoved from the Consent Calendar for separate action.UNANIMOUSLY APPROVED Reports and Recommendations 1A.(a)CEQA NEGATIVE DECLARATION (PREVIOUSLY APPROVED)Approved (b)VARIANCE NO. 2004-04600 Approved request of final site, floor, elevation, (TRACKING NO. VAR2005-04672) (c)SPECIMEN TREE REMOVAL PERMIT NO. 2004-00001 fencing and landscaping (d)TENTATIVE TRACT NO. 16632 plans. Agent: ChrisWest, 16811 Greenview, Huntington Beach, CA 92649 Consent Calendar Approval Location: 375 South Mohler Drive:Property is approximately 5.4 VOTE: 7-0 acres, having a frontage of 679 feet on the west and the southwest side of Mohler Drive and is located 50 feet southeast of the centerline of Owens Drive. Request to review final site, floor, elevation, fencing and landscaping Project Planner: plans for a previously-approved 7-lot, 7-unit residential subdivision. (avazquez@anaheim.net) 12-12-05 Page 2 DECEMBER 12, 2005 PLANNING COMMISSION ACTION AGENDA 1B.(a)CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)Approved (b)GENERAL PLAN AMENDMENT NO. 2004-00421 Approved request of final (c)RECLASSIFICATION NO. 2004-00137 site, floor, elevation and (d)VARIANCE NO. 2004-04633 fencing plans. (Tracking No. VAR2005-04671) (e)TENTATIVE TRACT MAP NO.16794(With stipulation made by the applicant pertaining to modifications on Lot 1,to extendthesiding on the north Agent: Yadvinder S. Virk, Castle Development, LLC, 9017 Harvard elevation;and Lot 4, Avenue, Buena Park, CA 90620 enhancementsto southern elevationto a level of detail Location: 502 South Harbor Boulevard:Property is approximately ) similar to the other elevations. 1.2 acres, located on the southeast corner of Harbor Boulevard and Santa Ana Street. Motion: Buffa/Flores Request for approval of final site, floor, elevation and fencing plans for VOTE: 7-0 a 7-unit single family residential subdivision. Continued from the November 14, and 28, 2005, Planning Commission meetings. Project Planner: (avazquez@anaheim.net) (This item was removed from the Consent Calendar for separate discussion.) DISCUSSION TIME:3minutes (2:33-2:36) 12-12-05 Page 3 DECEMBER 12, 2005 PLANNING COMMISSION ACTION AGENDA 1C.(a)CEQA CATEGORICAL EXEMPTION –CLASS 1 Concurred with staff (b)CONDITIONAL USE PERMIT NO. 2004-04952 Determined to be in (Tracking No. CUP2005-05058) substantial conformance with previously-approved exhibits. Agent: Steve Elkins, 128 West Sycamore, Anaheim, CA 92805 Location: 400, 401, 407, 408, 416 and 424 North Anaheim MOTION ON CEQA Velasquez/Perez Boulevard: Parcel 1: Property isapproximately 0.3 acre, located on the northwest MOTION ON CUP corner of Anaheim Boulevard and Adele (401 and 407 North Anaheim Velasquez/Romero Boulevard) Parcel 2: Property is 15 acres located at the northeast corner of VOTE: 7-0 Anaheim Boulevard and Adele (400, 408, 416 and 424 North Anaheim Boulevard). Request for determination of substantial conformance for floor and elevation plans for a previously-approved public dance hall, banquet hall and community and religious facility with sales of alcoholic Project Planner: (avazquez@anaheim.net) beverages for on-premises consumption. (This item was removed from the Consent Calendar for separate discussion.) DISCUSSION TIME:5minutes (2:37-2:42) 12-12-05 Page 4 DECEMBER 12, 2005 PLANNING COMMISSION ACTION AGENDA 1D.(a)CEQA EXEMPTION SECTION 15061(b)(3) Concurred with staff (b)REQUEST FOR PLANNING COMMISSION INITIATION OF Approved initiation APPLICATIONS FOR GENERAL PLAN AMENDMENT NO. 2005- forGeneral Plan 00440, AN AMENDMENT TO THE DISNEYLAND RESORT Amendment proceedings SPECIFIC PLAN NO. 92-1(Tracking No. SPN2005-00032)AND AMENDMENT TO CONDITIONAL USE PERMIT NO. 4078 (Tracking No. CUP2005-05053)REGARDING THE ANAHEIM GARDEN WALK Consent Calendar Approval PROJECT Agent: William J. Stone, Excel Realty Holdings, LLC., 17140 VOTE: 7-0 Bernardo Center Drive, Suite 310, San Diego, CA 92128 Location: Multiple Properties:Property is approximately 29.1 acres in The Anaheim Resort between Harbor Boulevard and Clementine Street, and Disney Way andKatella 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 DisneyWay and a point 615 feet south of the centerline of Disney Way. The site is vacant except for the Anaheim Plaza Hotel and Suites at 1700 South Harbor Boulevard. Request for Planning Commission initiation of applications for a General Plan Amendment, an amendment to The Disneyland Resort Specific Plan No. 92-1, and amendment to Conditional Use Permit No. Project Planner: 4078 for a portion (Area B) of the Anaheim Garden Walk project. (twhite@anaheim.net) 12-12-05 Page 5 DECEMBER 12, 2005 PLANNING COMMISSION ACTION AGENDA Minutes 1E.Receiving and approving the Minutes from the Planning Commission Continued to Meeting of November 14, 2005.(Motion)January 9, 2006 Continued from the November 28, 2005, Planning Commission Motion: Eastman/Velasquez meeting. VOTE: 7-0 1F.Receiving and approving the Minutes from the Planning Commission Continued to Meeting of November 28, 2005.(Motion)January 9, 2006 Motion: Eastman/Velasquez VOTE: 7-0 12-12-05 Page 6 DECEMBER 12, 2005 PLANNING COMMISSION ACTION AGENDA Public Hearing Items: 2a.CEQA NEGATIVE DECLARATION Approved Romero/Flores 2b.WAIVER OF CODE REQUIREMENT Approved Romero/Flores 2c.CONDITIONAL USE PERMIT NO. 2005-05028 Granted Romero 2d.TENTATIVE PARCEL MAP NO. 2005-247 Approved Romero/Buffa Owner:Calvada Development, Shawn Danesh, 26996 La Paz Road, Aliso Viejo, CA 92656 Modified Condition Nos. 2 and 43 Agent:Meg Beatrice, Architecture M, 800East Ocean Boulevard, Suite 105, Long Beach, CA 90802 VOTE: 6-0 Location:1131 West Lincoln Avenue:Property is approximately Commissioner Perez abstained 0.39-acre, located at the northeast corner of Lincoln Avenue and Carleton Avenue Conditional Use Permit No. 2005-05028-Request to construct a 3,897 square-foot*, three unit commercial retail center including a drive-through coffee shop (Starbucks) with waivers of (a) minimum landscaped setback, (b) minimum number of parking spaces, and (c) location of drive-through lane. Tentative Parcel Map No. 2005-247-To establish a 1-lot commercial subdivision. Continued from theOctober 31, and November 28, 2005, Planning Commission meetings. Conditional Use Permit Resolution No. PC2005-156 Project Planner: (jpramirez@anaheim.net) *advertised as 4,100 square-foot OPPOSITION:None IN SUPPORT:2 people spoke in favor of the subject request. Mark Gordon, Assistant City Attorney, presented the 10-day appeal rights for the Tentative Parcel Map ending at 5:00 p.m. on Thursday, December 22, 2005; and presented the 22-day appeal rights for the Conditional Use Permitending at 5:00 p.m. on Tuesday, January 3, 2006. DISCUSSION TIME:33 minutes (2:43-3:16) Commissioner Flores left the Council Chambers at 3:16 p.m. 12-12-05 Page 7 DECEMBER 12, 2005 PLANNING COMMISSION ACTION AGENDA 3a.CEQA NEGATIVE DECLARATION Continued to 3b.WAIVER OF CODE REQUIREMENT January 9, 2006 3c.CONDITIONAL USE PERMIT NO. 2005-05031 Motion: Flores/Velasquez Owner:MarkGhassemi, 301 East Ball Road, Anaheim, CA 92805 Agent:Patrick Anderson, 16022 Aria Circle, Huntington Beach, CA VOTE: 7-0 92649 Location:301 East Ball Road: Property is approximately 0.93-acre, having a frontage of 150 feet on the north side of Ball Road and is located 333 feet east of the centerline of Technology Drive (OllinInternational, Inc.). Request to permit and retain an existing outdoor storage area and to install an overhead crane to load trucks with slab materials in conjunction with an existing wholesale building material (stone) distribution business with waiver of minimum number of parking spaces. Continued from the October 31, and November 14, 2005, Planning Commission meetings. Project Planner: Conditional Use Permit Resolution No. _____________(jpramirez@anaheim.net) OPPOSITION:None DISCUSSION TIME: This item was not discussed. 12-12-05 Page 8 DECEMBER 12, 2005 PLANNING COMMISSION ACTION AGENDA 4a.CEQA CATEGORICAL EXEMPTION –CLASS 1 AND 15 Continued to 4b.TENTATIVE TRACT MAP NO. 16958 January 9, 2006 Owner:Anaheim Hotel Partnership, LCP, 777 Convention Way, Motion: Perez/Buffa Suite 110, Anaheim, CA 92802 Agent:Kelly Carlyle, Psomas, 3187 Red Hill, Suite 250, Costa VOTE: 7-0 Mesa, CA 92626 Location:777 Convention Way:Property is approximately 8.5 acres, located at thenorthwest corner of Hotel Way and Convention Way (Anaheim Hilton). Project Planner: Request to establish a 1-lot, airspace hotel subdivision for investment (cflores@anaheim.net) purposes. OPPOSITION:None DISCUSSION TIME: This item was not discussed. 12-12-05 Page 9 DECEMBER 12, 2005 PLANNING COMMISSION ACTION AGENDA 5a.CEQA NEGATIVE DECLARATION Approved Buffa/Velasquez 5b.CONDITIONAL USE PERMIT NO. 2005-05043 Granted Buffa Owner:M & B Enterprises LLC, 5464 East La Palma Avenue, VOTE: 6-0 Anaheim, CA 92807-2023 Commissioner Flores absent Agent:Phillip R. Schwartze, PRS Group, 31682 El Camino Real, San Juan Capistrano, CA 92675-2657 Location:5464 East La Palma AvenueProperty is approximately : 2.4 acres, having a frontage of 15 feet on the south side of La Palma Avenue and is located 1,097 feet east of the centerline of Brasher Street. Request to permit a 20,823 square foot youth physical fitness facility. Project Planner: Conditional Use Permit Resolution No. PC2005-157 (kwong@anaheim.net) OPPOSITION:None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, January 3, 2006. DISCUSSION TIME:5 minutes (3:17-3:22) 12-12-05 Page 10 DECEMBER 12, 2005 PLANNING COMMISSION ACTION AGENDA 6a.CEQA NEGATIVE DECLARATION Continued to 6b.WAIVER OF CODE REQUIREMENT January 9, 2006 6c.CONDITIONAL USE PERMIT NO. 2005-05045 6d.DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2005-00023 Motion: Romero/Velasquez Owner:Interpacific Asset Management, Richard Farms Trust, 5505 VOTE: 6-0 Garden Grove Boulevard, # 150, Westminster, CA 92683 Commissioner Flores absent Agent:Milestone Management, 21196 Jasmines Way, Lake Forest, CA 92630 Location:2011 East La Palma Avenue:Property is approximately 9 acres, locatednorth and east of the northeast corner of State College Boulevard and La Palma Avenue. Conditional Use PermitNo. 2005-05045 –Requestto permit a pharmacy with a drive-through and accessory sales of alcoholic beverages for off-premises consumption with waiver of maximum letter height for wall signage. Determination of Public Convenience or Necessity No. 2005-00023– To permit sales of alcoholic beverages for off-premises consumption within a proposed pharmacy. Conditional Use Permit Resolution No. _____________ Project Planner: Public Convenience and Necessity Resolution No. _____________ (dherrick@anaheim.net) OPPOSITION:None DISCUSSION TIME: 37 minutes (3:23-4:00) Commissioner Velasquez left the Council Chambers at 4:00 p.m. 12-12-05 Page 11 DECEMBER 12, 2005 PLANNING COMMISSION ACTION AGENDA 7a.CEQA NEGATIVE DECLARATION Approved Perez/Buffa 7b.RECLASSIFICATION NO. 2005-00171 Granted Perez 7c.CONDITIONAL USE PERMIT NO. 2005-05050 Granted Perez 7d.TENTATIVE PARCELMAP NO. 2005-259 Approved Perez/Buffa Owner:Isam Hanna, 5830 East Lavendar Court, Orange, CA VOTE: 5-0 92867 CommissionersFlores and Velasquez absent Agent:Terry Smith,KTK Construction, 18627 Brookhurst Street, Suite 349, Fountain Valley, CA 92708 Location:601 South Western Avenue:Property is approximately 0.4-acre, located at the southwest corner of Western Avenue and Orange Avenue. Reclassification No. 2005-00171–Request to reclassify this property from the C-G(General Commercial)zone to the RS-4 (Residential, Single-Family) zone. Conditional Use Permit No. 2005-05050–Request to permit four, small lot single-family residences. Tentative ParcelMap No. 2005-259–To establish a 4-lot, 4-unit, detached single-family residential subdivision. Reclassification Resolution No. PC2005-158 Project Planner: Conditional Use Permit Resolution No. PC2005-159 (avazquez@anaheim.net) OPPOSITION:A person spoke with concerns pertaining to the proposed driveway. Mark Gordon, Assistant City Attorney, presented the 10-day appeal rights for the Tentative Parcel Map ending at 5:00 p.m. onThursday, December 22, 2005; and presented the 22-day appeal rightsfor the balance of the itemsending at 5:00 p.m. on Tuesday, January 3, 2006. DISCUSSION TIME:11minutes (4:01-4:12) 12-12-05 Page 12 DECEMBER 12, 2005 PLANNING COMMISSION ACTION AGENDA 8a.ADDENDUM TO THE POINTE ANAHEIM INITIAL Approved Buffa/Perez STUDYAND MITIGATED NEGATIVE DECLARATION/ MODIFIED MITIGATION MONITORING PLAN NO. 004 (PREVIOUSLY-APPROVED) 8b.CONDITIONAL USE PERMIT NO.4078 Approved amendment Buffa (Tracking No. CUP2005-05053) 8d.DEVELOPMENT AGREEMENT NO.1999-01 Recommended City Buffa (Tracking No. DAG2005-00009)Council Approval Agent: William J. Stone, Excel Realty Holdings, LLC., 17140 VOTE: 5-0 Bernardo Center Drive, Suite 310, San Diego, CA 92128 Commissioners Flores and Velasquez absent Location: Multiple Properties:Property is approximately 29.1 acres in The Anaheim Resort between Harbor Boulevard and Clementine Street, and Disney Way and Katella Avenue. The project site had 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. The site is vacant except for the Anaheim Plaza Hotel and Suites at 1700 South Harbor Boulevard. Conditional Use Permit No. 4078 -Request to amend the conditions of approval of Conditional Use Permit No. 4078 pertaining to the development of the Pointe Anaheim Lifestyle retail and entertainment complex (Anaheim GardenWalk)to extend the commencement date of the initial phase of development for one (1) year until February 26, 2007. Development Agreement No.1999-01(Tracking No. DAG2005-00009) –Request for Amendment No. 2 to the First Amended and Restated Development Agreement No. 99-01 regarding the commencement date of the Initial Development Phase of the Anaheim GardenWalk Project. Conditional Use Permit Resolution No. PC2005-160 Project Planner: (twhite@anaheim.net) Development Agreement Resolution No. PC2005-161 OPPOSITION:None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, January 3, 2006. DISCUSSION TIME:6minutes (4:13-4:19) 12-12-05 Page 13 DECEMBER 12, 2005 PLANNING COMMISSION ACTION AGENDA MOTION: Commissioner Perezoffered a motion, seconded by Commissioner Karakiand MOTION CARRIED(Commissioners Flores and Velasquez absent),directing staff to forward to City Council the study conductedby staff pertaining to compensation for Planning Commissioners in other local cities, in order to evaluate the compensation of the Anaheim Planning Commission. MEETING ADJOURNED AT 4:30 P.M. TO WEDNESDAY,JANUARY 9, 2006AT 1:00 P.M. FOR PRELIMINARY PLAN REVIEW. 12-12-05 Page 14