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AA 04 13 2020.pdf Anaheim Planning Commission Action Agenda April 13, 2020 Anaheim City Hall, Council Chambers 200 S. Anaheim Boulevard, Anaheim, CA 92805 Commissioners Present via Teleconferencing: Chairperson: Michelle Lieberman Chairperson Pro-Tempore: Kimberly Keys John Armstrong, Natalie Meeks, Rosa Mulleady, Dave Vadodaria, Steve White Commissioners Absent: None Staff Present via Teleconferencing: Ted White, Planning and Building Director Mike Eskander, Development Services Manager Leonie Mulvihill, Assistant City Attorney Michele Murray, Police Investigation Tech Susan Kim, Principal Planner Laura Alcala, Community Investment Manager David See, Principal Planner Shawn Azarhoosh, Principal Engineer Irma Huitron, Principal Planner Jose Jimenez, Principal Project Planner Scott Koehm, Senior Planner Jessica Garcia, Management Assistant I Joanne Hwang, Senior Planner Terry Alford, Building Official Lisandro Orozco, Associate Planner Aram Eftekhari, Associate Engineer Jose Barriga, Planner Alan Long, Fire Division Chief Charles Guiam, Planner David Kennedy, Associate Transportation Planner Wayne Carvalho, Contract Planner Bianca Alcock, Code Enforcement Supervisor Peter Lange, Contract Planner Eleanor Morris, Secretary Jose Jimenez, Principal Project Planner Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 2:30 p.m. on Wednesday, April 8, 2020, inside the display case located in the foyer of the Council Chamber and in the outside display kiosk. Published: Anaheim Bulletin Newspaper on Thursday, March 12, 2020 and April 2, 2020 • Call to Order – 5:00 p.m. Chairperson Lieberman presented the 10-day appeal rights for all public hearing items. The appeal period for the public hearing items end on Thursday, April 23, 2020. • Audience Attendance: Approximately 45 via teleconferencing • Pledge of Allegiance by Commissioner Keys • Public Hearing Items • Commission Updates • Discussion • Adjournment APRIL 13, 2020 PLANNING COMMISSION ACTION AGENDA 04-13-2020 Page 2 of 10 Public Hearing Items: ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2013-05702A VARIANCE NO. 2014-04989A (DEV2017-00008) Location: 1220 South Brookhurst Street Request: The applicant requests approval of an amendment to a conditional use permit to permit and retain the expansion of an existing hookah lounge and restaurant within a multi-tenant commercial center with fewer parking spaces than required by the Municipal Code (Nara Bistro). Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). This item was continued from the December 9, 2019, January 6, 2020, and March 16, 2020, and March 30, 2020 Planning Commission meetings. Resolution No. PC2020-004 (Keys / Vadodaria) Approved, with the following modifications: Modified Condition No. 28 to require the installation and permanent maintenance of CCTV’s on the subject premises. Modified Condition No. 32 to state that within 60 days of the date of approval, the applicant shall submit plans and complete a Building Code analysis for occupancy changes and any tenant improvements within the subject building. In addition, all proper building permits shall be obtained for the smoking lounge within 120 days of the date of this approval. These timelines may be modified in the event that a State of Emergency is declared by the City, State, or Federal government, and shall be subject to review and approval by the Planning Director. Modified Condition No. 33 to state that this permit shall be subject to a noticed public hearing for modification or revocation review by the Planning Commission in six (6) months, commencing from the date of this approval. Planning Department staff will also report back to the Planning Commission as “Reports and Recommendations” (R&R) items twelve (12) and eighteen (18) months after the public hearing in order to verify that the business has been operating in compliance with their conditions of approval. Future compliance reviews may be required if significant violations are identified in the future or a revocation hearing shall be scheduled by the Planning Commission. VOTE: 6-1 Chairperson Lieberman and Commissioners Armstrong, Keys, Meeks, Vadodaria and White voted yes. Commissioner Mulleady voted no. Project Planner: David See dsee@anaheim.net OPPOSITION: Eight pieces of written correspondence were received in opposition to modifications of certain conditions of approval as requested by the applicant; all letters were in support of staff’s recommendations as stated in the staff report. DISCUSSION TIME: 2 hours and 9 minutes (5:08 to 7:17 p.m.) APRIL 13, 2020 PLANNING COMMISSION ACTION AGENDA 04-13-2020 Page 3 of 10 ITEM NO. 3 CONDITIONAL USE PERMIT NO. 3566A VARIANCE NO. 2020-05136 (DEV2019-00124) Location: 510 North Euclid Street Request: The applicant requests approval to amend a conditional use permit to replace an 80-foot high freeway-oriented freestanding sign and freestanding monument signs at the Anaheim Plaza shopping center, and a variance to exceed the maximum number of tenant panels for the freeway-oriented pylon sign. Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15302, Class 2 (Replacement or Reconstruction). This item was continued from the March 16, 2020 and March 30, 2020 Planning Commission meetings. Resolution No. PC2020-005 (Meeks / Armstrong) Approved VOTE: 7-0 Chairperson Lieberman and Commissioners Armstrong, Keys, Meeks, Mulleady, Vadodaria and White voted yes. Project Planner: Peter Lange PLange@anaheim.net OPPOSITION: None IN SUPPORT: A piece of written correspondence was received expressing support of the subject request. DISCUSSION TIME: 10 minutes (7:18 to 7:28 p.m.) APRIL 13, 2020 PLANNING COMMISSION ACTION AGENDA 04-13-2020 Page 4 of 10 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2019-06047 VARIANCE NO. 2020-05137 (DEV2019-00165) Location: 2780 West Ball Road Request: The applicant requests approval of a conditional use permit to permit a smoking lounge in a commercial tenant space located less than 200 feet from a residential zone and less than 1,000 feet from a school and a variance to permit less parking spaces than required by the Municipal Code (Janna Café). Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). This item was continued from the March 16, 2020 and March 30, 2020 Planning Commission meetings. Approved continuance of the item to May 11, 2020, as discussed during the public hearing. A motion was made by Commissioner Armstrong, seconded by Commissioner Keys to approve the request per staff’s recommendations in the staff report, with an added condition of approval related to landscape maintenance. THE MOTION FAILED TO CARRY VOTE: 2-5 Chairperson Lieberman and Commissioner Vadodaria voted yes. Commissioners Armstrong, Keys, Meeks, Mulleady and White voted no. ---------------------------------------- A second motion was made by Commissioner White, seconded by Commissioner Keys to continue the item to May 11, 2020. CONTINUANCE APPROVED VOTE: 7-0 Chairperson Lieberman and Commissioners Armstrong, Keys, Meeks, Mulleady, Vadodaria and White voted yes. Project Planner: Jose Barriga JBarriga@anaheim.net OPPOSITION: Four pieces of written correspondence were received expressing opposition and/or concerns related to the subject request. IN SUPPORT: A piece of written correspondence was received expressing support of the subject request. DISCUSSION TIME: 1 hour and 8 minutes (7:29 to 8:37 p.m.) During the public hearing for this item - staff experienced audio technical difficulties. Therefore, the meeting was paused (no discussion) from approximately 8:17 to 8:24 p.m. APRIL 13, 2020 PLANNING COMMISSION ACTION AGENDA 04-13-2020 Page 5 of 10 ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2020-06056 VARIANCE NO. 2020-05138 PUBLIC CONVENIENCE OR NECESSITY NO. 2020-00152 (DEV2019-00160) Location: 2790 West Lincoln Avenue Request: The applicant requests approval of the following zoning entitlements: (i) a conditional use permit to demolish an existing commercial building and construct a new service station with a convenience store; (ii) a variance to permit reduced front and interior landscaped setbacks and maximum building height adjacent to a residential zone, and (iii) an associated Determination of Public Convenience or Necessity to permit the sale of beer and wine for off-site consumption in conjunction with the convenience store. Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15303, Class 3 (New Construction or Conversion of Small Structures).* * This item was advertised as being categorically exempt per California Environmental Quality Act (CEQA) Guidelines, Section 15332, Class 32 (Infill Development Projects). Approved request for continuance to April 27, 2020, as requested by the applicant. (White / Armstrong) VOTE: 7-0 Chairperson Lieberman and Commissioners Armstrong, Keys, Meeks, Mulleady, Vadodaria and White voted yes. Project Planner: Jose Barriga JBarriga@anaheim.net OPPOSITION: A petition with 234 signatures was received in opposition to the subject project. Two pieces of written correspondence were received expressing opposition to the subject project. IN SUPPORT: Two pieces of written correspondence were received expressing support of the subject project. DISCUSSION TIME: This item was not discussed. APRIL 13, 2020 PLANNING COMMISSION ACTION AGENDA 04-13-2020 Page 6 of 10 ITEM NO. 6 MITIGATED NEGATIVE DECLARATION GENERAL PLAN AMENDMENT NO. 2019-00527 RECLASSIFICATION NO. 2019-00320 CONDITIONAL USE PERMIT NO. 2019-06009 TENTATIVE TRACT MAP No. 19017 (DEV2019-00037) Location: 1619, 1631, and 1699 West Lincoln Avenue and an adjacent City-owned parcel with no address assigned. Request: The applicant requests approval of the following land use entitlements to allow construction of a 115-unit, three-story, attached single-family residential development with modified development standards: (i) amend the General Plan land use designation from General Commercial to Mid Density Residential; (ii) a Zoning Reclassification from the C-G (General Commercial), T (Transitional), and I (Industrial) to the RM-3.5 (Multiple-Family Residential) zone; (iii) a conditional use permit to allow an attached single-family residential development with modified standards in the proposed RM-3.5 zone; and (iv) a tentative tract map to establish a 1-lot, 115-unit condominium subdivision. Environmental Determination: The Planning Commission will consider whether a Mitigated Negative Declaration is the appropriate environmental documentation for this request under the California Environmental Quality Act. Approved, Recommended City Council Approval (Keys / Meeks) VOTE: 5-2 Chairperson Lieberman and Commissioners Armstrong, Keys, Meeks and Vadodaria voted yes. Commissioners Mulleady and White voted no. Project Planner: Joanne Hwang jhwang@anaheim.net OPPOSITION: A piece of written correspondence was received expressing opposition to the subject project. A piece of written correspondence was received with questions related to the subject project. IN SUPPORT: Three pieces of written correspondence were received expressing support of the subject project. DISCUSSION TIME: 49 minutes (8:38 to 9:29 p.m.) APRIL 13, 2020 PLANNING COMMISSION ACTION AGENDA 04-13-2020 Page 7 of 10 ITEM NO. 7 MITIGATED NEGATIVE DECLARATION RECLASSIFICATION NO. 2019-00322 CONDITIONAL USE PERMIT NO. 2019-06027 CONDITIONAL USE PERMIT NO. 2019-06028 MISCELLANEOUS CASE NO. 2019-00707 TENTATIVE TRACT MAP NO. 19019 TENTATIVE PARCEL MAP NO. 2019-165 (DEV2019-00046) Location: 227 North Magnolia Avenue Request: The applicant requests approval of the following land use entitlements: (i) a zoning reclassification from T (Transition) and RM-2 (Multiple-Family Residential) zones to the RM-3 (Multiple-Family Residential) zone on the entire 6.24-acre site; (ii) a conditional use permit for the development of a 59-unit, single family attached townhome project with modified development standards and an affordable housing incentive for restricting 10% of the project units (6 units) for moderate-income families on a 3.27-acre parcel; (iii) a conditional use permit for a new church facility with childcare on a 2.97-acre parcel; (iv) a tentative parcel map to subdivide the 6.24-acre property into 2 lots for the separate church and residential uses; and (v) a tentative tract map for a condominium subdivision for the 59-unit residential townhome project. Environmental Determination: The Planning Commission will consider whether a Mitigated Negative Declaration is the appropriate environmental documentation for this request under the California Environmental Quality Act. Resolution No. PC2020-006 Resolution No. PC2020-007 Resolution No. PC2020-008 Resolution No. PC2020-009 Resolution No. PC2020-010 Resolution No. PC2020-011 (Meeks / Armstrong) Approved MND, CUPs, MISC, TTM, and TPM RCL Approved, Recommended City Council Approval VOTE: 7-0 Chairperson Lieberman and Commissioners Armstrong, Keys, Meeks, Mulleady, Vadodaria and White voted yes. Project Planner: Wayne Carvalho wcarvalho@anaheim.net OPPOSITION: A piece of written correspondence was received expressing opposition to the subject project. IN SUPPORT: Ten pieces of written correspondence were received expressing support of the subject project. DISCUSSION TIME: 30 minutes (9:38 to 10:08 p.m.) Staff had technical difficulties teleconferencing into the meeting. Therefore, there was no recorded discussion on the item from 9:30 to 9:37 p.m. APRIL 13, 2020 PLANNING COMMISSION ACTION AGENDA 04-13-2020 Page 8 of 10 ITEM NO. 8 ZONING CODE AMENDMENT NO. 2020-00169 (DEV2020-00001) Adjustment No. 2 to the Beach Boulevard Specific Plan No. 2017-1 (SPN2017-00001B) Location: Citywide Request: A City-initiated Zoning Code Amendment to reflect recent changes in State law related to Accessory Dwelling Units. The proposed amendment would modify Chapters 18.04 (Single-Family Residential Zones); 18.06 (Multiple-Family Residential Zones); 18.14 (Public and Special-Purpose Zones); 18.36 (Types of Uses); 18.38 (Supplemental Use Regulations); 18.40 (General Development Standards); 18.42 (Parking and Loading); 18.92 (Definitions); and 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code. Environmental Determination: The Planning Commission will consider whether the proposed action is exempt from the requirements to prepare additional environmental documentation per Public Resources Code Section 21080.17 and California Environmental Quality Act (CEQA) Guidelines Sections 15061(b)(3); 15301, Class 1 (Existing Facilities); and, 15303, Class 3 (New Construction or Conversion of Small Structures). This item was continued from the February 19, 2020, and March 16, 2020 and March 30, 2020 Planning Commission meetings. Approved, Recommended City Council Approval (Armstrong / Keys) VOTE: 5-0-2 Chairperson Lieberman and Commissioners Armstrong, Keys, Mulleady and Vadodaria voted yes. Commissioners Meeks and White abstained. Project Planner: Lisandro Orozco LOrozco@anaheim.net OPPOSITION: None DISCUSSION TIME: 10 minutes (10:09 to 10:19 p.m.) APRIL 13, 2020 PLANNING COMMISSION ACTION AGENDA 04-13-2020 Page 9 of 10 ITEM NO. 9 ZONING CODE AMENDMENT NO. 2019-00168 (DEV2019-00174) Location: Citywide Request: A City-initiated Zoning Code Amendment to modify Chapter 18.52 (Density Bonuses) of Title 18 (Zoning) of the Anaheim Municipal Code to reflect recent changes to the State Density Bonus Law. Environmental Determination: The Planning Commission will consider whether the proposed action is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15060(c)(2) and 15061(b)(3), in that the activity will not result in a direct or reasonably foreseeable indirect change in the environment. Approved request for continuance to April 27, 2020 (White / Armstrong) VOTE: 7-0 Chairperson Lieberman and Commissioners Armstrong, Keys, Meeks, Mulleady, Vadodaria and White voted yes. Project Planner: Joanne Hwang jhwang@anaheim.net OPPOSITION: None IN GENERAL: A piece of written correspondence was received with questions related to the subject request. DISCUSSION TIME: This item was not discussed. APRIL 13, 2020 PLANNING COMMISSION ACTION AGENDA 04-13-2020 Page 10 of 10 ITEM NO. 10 GENERAL PLAN AMENDMENT NO. 2020-00530 MISCELLANEOUS CASE NO. 2020-00729 (DEV2020-00043) Location: Citywide Request: A City-initiated request to amend the Circulation Element, Green Element, and Appendix B “Bicycle Master Plan” of the General Plan to reflect modifications to the planned Nohl Ranch Multi-Use Trail Project, also known as the Nohl Ranch Open Space Trail Project, and to reflect implemented bicycle infrastructure since the May 23, 2017 adoption of the Bicycle Master Plan. Modifications to the Nohl Ranch Open Space Trail Project include a minor re-alignment of the Class 1 bicycle infrastructure segment number 21 (Bike ID No. 21) and an addition of a Class 1 spur route along Imperial Highway. Environmental Determination: The Planning Commission will consider if an Addendum to the previously-certified Program Environmental Impact Report No. 330 (PEIR 330) and Supplemental Environmental Impact Report No. 346 (SEIR 346), together with the Mitigation Monitoring Program No. 360, is the appropriate environmental document for this project and that none of the conditions set forth in sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a Subsequent Environmental Impact Report or a Supplement to PEIR 330 or SEIR 346 have occurred. Approved, Recommended City Council Approval (Keys / Meeks) VOTE: 7-0 Chairperson Lieberman and Commissioners Armstrong, Keys, Meeks, Mulleady, Vadodaria and White voted yes. Project Planner: Charles Guiam CGuiam@anaheim.net OPPOSITION: None DISCUSSION TIME: 10 minutes (10:20 to 10:30 p.m.) MEETING ADJOURNED AT 10:35 P.M. TO MONDAY, APRIL 27, 2020 AT 5:00 P.M.