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Minutes-PC 2005/11/14~ • • 1~A~EIM c~9 ~ P ~f~ 0 0 ~ ~ U y' , ~ . . e, ,ti ~ Council Chamber, City Hall ~ $~ 200 South Anaheim Boulevard, Anaheim, California UNDEp ~ , CHAIRMAN: GAIL EASTMAN Commissioners Present: CECILIA FLORES, JOSEPH KARAKI, ED PEREZ, PANKY ROMERO, PAT VELASQUEZ Commissioners Absent: KELLY BUFFA ~ St ff P t• CITY OF ANAHEIM Planning Commission Minutes ~ ? ~ Mondav November 14 2005 a resen . Mark Gordon, Assistant City Attorney James Ling, Principal Civil Engineer Greg McCafferty, Principal Planner Amy Vazquez, Associate Planner Della Herrick, Associate Planner John Ramirez, Associate Planner Judy Dadant, Senior Planner Elly Morris, Senior Secretary Kyle Tonokawa, Senior Plans Examiner Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 3:00 p.m. on Thursday, November 10, 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, October 20, 2005 • Call To Order Preliminary Plan Review 12:30 P.M. • Workshop on the Alcoholic Beverage Control (ABC) Process • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the November 14, 2005 agenda • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:30 P.M. Attendance: 10 For record keepinq purposes if vou wish to make a statement reqardinq anv item on the aqenda p/ease complete a speaker card in advance and submit it to fhe secretarv. • Pledge Of Allegiance: Commissioner Perez • Public Comments • Consent Calendar • Public Hearing Items • Adjournment You may leave a message for the Planning Commission using the following e-mail address: planninacommission(tDanaheim.net H:\TOOLSIPCADMI N\PCMINIACl12005MI NUTES~AC111405.DOC NOVEMBER 14, 2005 PLANNING COMMISSION MINUTES • Anaheim Planning Commission Agenda - 2:30 P.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. ' Commissioner Flores offered a motion, seconded by Commissioner Perez and MOTION CARRIED (Commissioner Buffa absent), for approval of Consent Calendar Items 1-A, 1-B and 1-D and Planning Commission Minutes of October 3, 2005, as recommended by staff. Consent Calendar Item 1-C was removed from the Consent Calendar for separate discussion. UNANIMOUSLY APPROVED Reports and Recommendations 1A.(a) CONDITIONAL USE PERMIT NO. 3978 Terminated • (Tracking No. CUP2005-05026) Agent: Cindi R. Galfin, Executive Vice President, 1301 East Orangewood Avenue, Anaheim, CA 92805 Consent Calendar Approval Location: 1235 South Beach Boulevard: Property is approximately 4.5 acres, having a frontage of 325 feet on the west side of Beach VOTE: 6-0 Boulevard and is located 330 feet south of the centerline of Ball Road Commissioner Buffa absent (Pick Your Part) Request to terminate Conditional Use Permit No. 3978 (to construct a 2-story, 3,460 square foot building for automotive glass and stereo alarm sales and installation and a walk-up restaurant with outdoor d1t1111g). Project Planner.• Qnixon@anaheim.net) Termination Resolution No. PC2005-151 • 11-14-05 Page 2 NOVEMBER 14, 2005 PLANNING COMMISSION MINUTES • 1 B. (a) CEQA NEGATNE bECLARATION (PREVIOUSLY-APPROVED) Approved (b) ,CONDITIONAL USE PERMIT NO. 2004-04847 Approved retroactive (Tracking No. CUP2005-05044) eatension of time for 1 year (to ezpire on October 4, Agent: Anaheim Redevelopment Agency, 201 South Anaheim 2006) Boulevard, Anaheim, CA 92805 Location: 1501 West Lincoln Avenue: Property consists of multiple properties with a combined area of approximately 3.29 acres, IOCated Consent Calendar Approval on the northeast corner of Lincoln Avenue and Loara Street (Anaheim Chevrolet). VOTE: 6-0 Commissioner Buffa absent Requests a retroactive extension of time to comply with the conditions of approval to establish an automotive sales dealership with automotive repair, and to replace an existing legal nonconforming Pro~ecrPianner. - freestanding (monopole) telecommunications facility with a temporary (dsee@a„ane~~r,.net) telecommunications facility. • NOVEMBER 14, 2005 PLANNING COMMISSION MINUTES • r ~ ~~ • 1C.(a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (b) GENERAL PLAN AMENDMENT NO. 2004-00421 (c) RECLASSIFICATION NO. 2004-00137 (d) VARIANCE N0. 2004-04633 (Tracking No. VAR2005-04671) (e) TENTATIVE TRACT MAP NO. 16794 Agent: Yadvinder S. Virk, Castle Development, LLC, 9017 Harvard Avenue, Buena Park, CA 90620 Location: 502 South Harbor Boulevard: Property is approximately 1.2 acres, located on the southeast corner of Harbor Boulevard and SantaAna Street. Request for approval of final site, floor, elevation and fencing plans for a 7-unit single family residential subdivision. (This item was removed from the Consent Calendar for separate discussion.) Continued to November 28, 2005 Motion: FloresNelasquez VOTE: 6-0 (Commissioner Buffa absent) Project Planner. (a vazquez@anaheim. net) Greg McCafferty, Principle Planner, introduced Item No. 1-C. He reiterated details from the morning discussion with regards to some the details on the final plan. The staff is requesting a continuance for this item due to the fact that the applicant was unable to be present today. Commissioner Karaki commented on the site plan as it shows that there is a 4 foot 6 inch high fence that lines the property. He further stated that the fence was not specifically detailed or designed. We recommend that the applicant comprise a design more compatible with the building's structural style. Motion made to continue the minutes to November 28, 2005 DISCUSSION TIME: 3 minutes (2:37-2:40) 11-14-05 Page 4 NOVEMBER 14, 2005 PLANNING COMMISSION MINUTES • 1 D. (a) CEQA EXEMPTION 15061 (bl(3) (b) RECLASSIFICATION NO. 2005-00169 Agent: Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 _ Location: Portion A- 516 East Santa Ana Street and 500 - 610 South Olive Street: Property is approximately 24.2 acres located at the southeast corner of Santa Ana Street and 1,600 feet on the east side of Olive Street (Kwikset and APW sites). Portion B- 525 - 727 East South Street and 500 - 558 South Atchison Street: Property is 16.7 acres, having frontages of 455 feet on the'north side of South Street and the south side of Santa Ana Street. City-initiated (Community Development Department)xequest to initiate reclassification of Portion A from the I(Industrial) zone to the RM-3 (Multiple-Family Residential) zone, and Portion 6 from the I(Industrial) zone to the RM-4 (Multiple-Family Residential) zone. • ~ncurred with staff ~proved initiation reclassification rnsent Calendar Approval )TE: 6-0 ~mmissionerBuffa absent Project Planner. (dsee@anaheim.net) NOVEMBER 14, 2005 PLANNING COMMISSION MINUTES • Minutes ' 1E. Receiving and approving the Minutes from the Planning Commission Approved Meeting of October 3, 2005 (Motion) Consent Calendar Continued from the October 31, 2005 Planning Commission meeting. ' Approvai VOTE: 6-0 Commissioner Buffa absent 1F. Receiving and approving the Minutes from the Planning Commission Continued to Meeting of October 31, 2005 (Motion) November 28, 2005 Motion: Eastman/Romero VOTE: 6-0 Commissioner Buffa absent NOVEMBER 14, 2005 PLANNING COMMISSION MINUTES • Public Hearing Items: 2a. CEQA NEGATIVE DECLARATION (PREVIOUS~Y-APPROVED) Velasquez/Flores Approved 2b. CONDITIONAL USE PERMIT N0. 4023 velasquez Approved reinstatement (Tracking No. CUP2005-05036) for 5 years (to egpire on May 22, 2010) Owner: Ha Kee Whan, 3240 Wilshire Boulevard, Suite 570, Los Angeles, CA 90076 VOTE: 6-0 Agent: Santiago Cervantes, 834 East Orangethorpe Avenue, Anaheim, Commissioner Buffa CA 92801 absent Location: 837 East Oranqethorpe Avenue: Property is approximately 0.8-acre and is located at the northwest corner of Orangethorpe Avenue and Orangethorpe Park (a private street) (S. Cervantes Tires): Request for reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on May 22, 2000 to expire May 22, 2005) to retain a 3,000 square foot tire sales, repair and inStallation faCility. ProjectPlanner. Conditional Use Permit Resolution No. PC2005-152 (dherrick@anaheim.net) • Della Herrick, Associate Planner, introduced Item No. 2 Santiago Cervantes, 837 East Orangethorpe Avenue, stated that his only request was to amend the time limitation to expire in 5 years. Other that that he concurred with staff's recommendations. THE PUBLIC HEARING WAS CLOSED. Commissioner Flores asked Mr. Cervantes whose commercial trucks with graffiti were those. And also she commented on how those unsightly the oil cans were and that they should not be stored in the planters at this location. Commissioner Perez wanted to echo those same concerns. He expressed a desire for the applicant to continue to maintain a cleanliness to his operation. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, December 13, 2005. . DISCUSSION TIME: 5 minutes (2:42-2:47) • 11-14-05 Page 7 • 3a. CEQA NEGATIVE DECLARATION Continued to 3b. WAIVER OF CODE REQUIREMENT December 12, 2005 3c. CONDITIONAL USE PERMIT NO. 2005-05031 Owner: Mark Ghassemi, 301 East Ball Road; Anaheim, CA 92805 Motion: F~ores/~tomero Agent: Patrick Anderson, 16022 Aria Circle, Huntington Beach, CA VOTE: 6-0 92649 Commissioner Buffa absent 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 (Ollin International, 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, 2005, Planning Commission meeting. Project P~anner. Qpramirez@anaheim. net) Conditional Use Permit Resolution Na • OPPOSITION: None DISCUSSION TIME: This item was not discussed. • 11-14-05 Page 8 NOVEMBER 14, 2005 PLANNING COMMISSION MINUTES NOVEMBER 14, 2005 PLANNING COMMISSION MINUTES • 4a. CEQA NEGATIVE DECLARATION 4b. WAIVER OF CODE REQUIREMENT 4c. CONDITIONAL USE PERMIT NO. 3902 (READVERTISED) (Tracking Na CUP2005-05022) Owner: Bhupinder S. Mac, 20021 Ventura Boulevard, Woodland ' Hills, CA 91368 Agent: Andrew Paszterko; 2055 North Alvarado Street, Los' Angeles, CA 90039 Location: 1200 South Harbor Boulevard: Property is approximately 0.98-acre and is located at the southeast corner of Harbor Boulevard and Ball Road. Request to construct a coffee shop (Starbucks) and to establish a commercial retail center (with offices) in conjunction with an existing service station with accessory convenience market with beer and wine for off-premises consumption and a 2,000 square foot drive through fast food restaurant with waivers of (a) minimum structural and landscaped setback adjacent to a local street, (b) required dedication and improvement for local street, and (c) minimum number of parking spaces. Continued from the October 3, 2005, Planning Commission meeting. • Conditional Use Permit Resolution Na Greg McCafferty, Principle Planner, introduced Item No. 4. Continued to November 28, 2005 Motion: Karaki/Velasquez VOTE: 5-0 Commissioner Perez abstained and Commissioner Buffa absent Project Planner: Qpramirez@anaheim. net) Andrew Paszterko, 2055 North Alvarado Street, Los Angeles stated that he was the principle architect on this project and is available to answer any questions that Commission may have. He stated that he concurs with staff s recommendations. Commissioner Velasquez stated her initial concerns with some of the newer Starbucks that have gone in is the parking congestion. Nowever after reviewing our parking study and staff's evaluation she was prepared to act in favor of this proposal. Commissioner Karaki stated his concerns with the parking is based on the office space being proposed on the second level of this development. Chairman Eastman directed those architectural concerns back to Mr. Paszterka Mr. Paszterko stated that the concept is set where there is a receptionist, reproduction equipment, computer server and one restroom. This type of building is usually rented to individuals that are expanding from a home office set-up. It is a very small office space for internet based businesses. The market is expanding for this type of use or concept. It is one large room that would be divided into cubicle type areas with a shared restroom. Each work station is rented out to individual internet businesses. • Commissioner Romero stated his concerns with the requested waiver creating even more traffic congestion than existed with the previous business. The second concern is that the addition of the Starbucks did not flow well with the design of the building. It seemed that the architect could have 11-14-05 Page 9 NOVEMBER94, 2005 PLANNING COMMISSION MINUTES ~ ~~ blended the elevations with roofline design better. Commissioner Velasquez stated her concerns with approving this sight with an office use. Chairman Eastman confirmed that once this sight is approved with an office use, then any type of office use would go in there. There aren't any restrictions as to what type of office use there could be. CommissionerKaraki further added his concerns for the need to reconfigure the second floor accessibility to accommodate handicap access: Mr. Paszterko stated that by the Title 24 and American Disability Act standards an elevator is not required for an office space under 3,000 square feet located on the second story IeveL Commissioner Flores stated that upon visiting the site she didn't feel that the Starbucks would contribute to congestion at this location. She added that the business use would be the fatal factor depending on what type of business owners that occupied the space. Mr. Paszterko reiterated that this proposal meets the state guidelines for the type of businesses that would located at the facility. Mr. McCafferty explained that medical and dental use would not be permitted at this location because it is deficient in parking. He further stated that the only types of use would be that of an attorney or accountant with a small number of staffing. He requested that if the Commission does approve this request that a condition be added to the resolution limiting the type of office use permitted. Chairman Eastman directed the Commissions concerns in regards to whether offices located on the second floor were in compliance with American Disability Act. She further questioned the maneuverability of vehicles at this location Kyle Tonokawa, Senior Plans Examiner for the Anaheim Building Division introduced himself to the Commission for any questions they may have that the City could address Timor Rafiq, with Rafiq and Associates, consultant to the City of Anaheim stated that the scope of their work was limited to the parking and did confer with staff that the Public Works Department did view the site previously and was in concurrence on the traffic flows findings. Mr. Ramirez further confirmed that the existing layout of the parking area in question was previously- approved when the initial conditional use permit application came to the City of Anaheim back in 1977. That portion isn't being changed at all. Commissioner Velasquez stated that she still has concerns with the 9 office suites proposed for the second floor and would be interested in seeing less number of office suites at this location. Mr. McCafferty responded to Commissioner Velasquez that less office spaces would mitigate the potential parking shortages. He directed Mr. Rafiq to comment on the benefit if reducing the number of office suites would reduce the overall parking demand. Mr. Rafiq added that by limiting the number of o~ces suites and not limiting the square footage will potentially end up with more square feet per office which make it possible for more than one employee to occupy that office space Commissioner Velasquez confirmed that the solution may be to reduce the number of square feet available for office space in order to diminish the demand for use for the space. ~ Chairman Eastman stated from a land use perspective there is a conflict with uses going on in a small area. The various uses don't seem to work together well on this size parceL 11-14-05 Page 10 NOVEMBER 14, 2005 PLANNING COMMISSION MINUTES ~ . • Commissioner Velasquez stated that she would like to reach a compromise for this proposal rather that deny if as is. Mr. McCafferty interjected to the Commission that the information before them to day is what they would need to acton. He advised that they could give some input to the applicant today and continue this item to allow the applicant time #o submit revised exhibits. Chairman Eastman asked Mr. Paszterko if this building is a Starbucks design Mr. Paszterko stated that this design was a conglomerate effort between him and City staff. Commissioner Flores suggested that the architect to modify the roof line. Mr. Paszterko stated that he would make an effort to improve the design of the project. Mr. Tonokawa, stated that this was a unique situationbecause in the building code it stated generically that there must be access to handicapped facilities. There are exceptions to the building if it is defined as a shopping centers. They are non exempt. He acknowledged that the state may view this project as an exception. , THE PUBLIC HEARING WAS CLOSED. Chairman Eastman stated concerns of approving a project that is marginally handicap accessible. Mark Gordon, Deputy City Attorney, instructed the Commission to act on the issues related to land use and parking for this particular use and defer the rest to the Building Department and the State of California in terms of enforcement of the building code, requirements for the applicant to comply with the building code or Federal regulations. Greg McCafferty advised the Commission as to their options in continuing the item to the appropriate meeting. Commissioner Karaki made a motion to continue this item in order to consider the reduction of square footage on the second level for the office spaces between storage and office spaces. He directed the applicant to work out the amount of the reduction with the Planning Staff. OPPOSITION: None DISCUSSION TIME: 47 minutes (2:48-3:35) 11-14-05 Page 11 NOVEMBER 14, 2005 , PLANNING COMMISSION MINUTES • 5a. CEQA EIR NO. 313 (PREV.-CERT.) Flores/Eastman Approved , 5b. WAIVER OF CODE REQUIREMENT Flores/Romero Approved 5c. CONDITIONAL USE PERMIT NO. 2005-05038 Flores Granted for 2 years Owner: City of Anaheim, Attn: Ron Pickett, Public Works Department, 200 South Anaheim Boulevard, Anaheim, CA VOTE: 5-0 Commissioners Buffa 92805 and Karaki absent Agent: Ken Agharokh, 1431 Warner Avenue, Suite A, Tustin, CA 92870 Location: 131 West Katella Avenue: Property is approximately 0.87- acre and is located at the northeast corner of Katella Avenue and Zeyn Street. Request to permit a 5,040 square foot temporary sales trailer for a previously-approved timeshare resort with waivers of (a) location of parking areas, and (b) required improvement of parking areas. Conditional Use Permit Resolution No. PC2005-153 ProjectP~anner., Qda dant@anaheim. net) • Judy Dadant, Senior Planner introduced Item No. 5 Ken Agharokh, Agharokh and Associates stated that they concur with the staff's recommendations and conditions. OPPOSITION: None ' Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, December 13, 2005. DISCUSSION TIME: 3 minutes (3:36-3:39) Commissioner Karaki leff the Council Chambers at 3:36 p.m. NOVEMBER 14, 2005 PLANNING COMMISSION MINUTES • 6a. CEQA CATEGORICAL EXEMPTION - CLASS 1 Flores/Romero Concurred with staff 6b. WAIVER OF CODE REQUIREMENT Flores/Eastman Denied 6c. CONDITIONAL USE PERMIT N0. 2005-05039 Flores Granted for 3 years Owner: F& L Partners, 2415 Campus Drive; Suite 130, irvine, CA 92612 VOTE: 5-0 Commissioners Buffa Agent: Richard Cowan, Marina Landscape, Inc. 1100 East Katella and Karaki absent Avenue, Anaheim, CA 92805 ' Location: 917 fast Gene Autrv Wav: Property is approximately 2.3 acres and is located at the southeasterly corner of Lewis Street and Anaheim Way. ' ` Request to permit an outdoor storage yard with accessory equipment and vehicle maintenance with waiver of required screening of outdoor storage. Project Planner. Conditional Use Permit Resolution No. PC2005-154 (avazquez@anaheim.net) Amy Vazquez, Associate Planner introduced Item No. 6. Richard Cowan, Principle Planner with Marina Landscape was present to represent the proposaL • Commissioner Flores veri~ed that all automotive repairs are to be done inside of the building. Commissioner Romero and Perez clarified with Mr. Cowan where all the toxic chemicals will be disposed of and how the process is tracked. James Ling, Principle Engineer stated that there are conditions with strict guidelines defining the proper way to dispose of illegal waste. He further explained the expectations of Condition Nos. 19 and 20 with the requirements of the Water Quality Management plan. Greg McCafferty added that there a number of programs like the one through the Fire Department where they have annual inspections. Also have annual inspections program with the Utilities Department. THE PUBLIC HEARING WAS CLOSED. Commissioner Flores expressed her support for this project. Chairman Eastman concurred with Commissioner Flores support. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, December 13, 2005. • DISCUSSION TIME: 10 minutes (3:40-3:50) 11-14-05 Page 13 NOVEMBER 14, 2005 PLANNING COMMISSION MINUTES . : , MEETING ADJOURNED AT 3:51 P.M. : TO MONDAY, NOVEMBER 28, 2005 AT 1:00 P.M. FOR PRELIMINARY PLAN REVIEW. Respectfully submitted: ~(itX-~ ~ ,~~ Danielle Masciel Word Processing Operator Received and approved by the Planning Commission on , 2006. • 11-14-05 Page 14