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Minutes-PC 2006/02/06. ~~'~'~''~ ~~ C I TY O F A N A H E I M ~ ~' ~r~ . • • ~ o o Plannrng Commission ~ ~ D Minutes ~ .. , ~r'~~`~D°° , Mondav; Februa,rv 6, 2006 ° ~ ~ council c ,t, ~ hamber, City Mall O ~~ 200 South Anaheim Boulevard, Anaheim, California ~~DED 1 CHAIRMAN: GAIL EASTMAN Commissioners Present: KELLY BUFFA, CECILIA FLORES, PANKYROMERO Commissioners Absent: JOSEPH KARAKI, ED PEREZ, PAT VELASQUEZ Staff Present: : Mark Gordon, Assistant City Attorney Kimberiy Wong, Planning Aide Greg Hastings, Pianning Services Manager MarkLillemoen, Police Officer Master Advanced Greg McCafferty, Principal Planner Michele Irwin, Sr. Police Services Representative Judy Dadant, Senior Planner -- Elly Morris; Senior Secretary Della Herrick; Associate Planner ' Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 4:00 p.m. on • Thursday, February 2, 2006, inside the display case located in the foyer of the Councii Chambers, and also in the outside display kiosk. Published: Anaheim Bulletin Newspaper on Thursday, January 12, 2006 • Call To Order Preliminary Plan Review 1:00 P.M. ' • STAFF UPDATE TO COMMISSION ON VARIOUS CITY DEVELOPMENTS ' AND ISSUES (AS REQUESTED BY PLANNING COMMISS~ON) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE FEBRUARY 6, 2006 AGENDA • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:30 P.M. Attendance: 10 For record ke~inp purposes if vou wish to make a statement reqardinp any item on the apenda please complete a speaker card in advance and submifiit to the secretarv. • Pledge Of Allegiance: Commissioner Flores • Public Comments • Consent Calendar • Public Hearing Items • Adjournment • You ma leave'a messa e for the Plannin Commission using the following Y 9 9 e-mail address: planninacommission,~anaheim.net H:\TOOLS\PCADMI N\PCMI NIAC112006MI NUTES1AC020606.DOC FEBRUARY 6, 2006 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 wiil 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 Buffa offered a motion, seconded by Commissioner Romero and MOTION CARRIED (Commissioners Karaki; Perez and Velasquez absent), for approval of Consent CalendarJtems 1-A ' through 1-D as recommended by staff. UNANIMOUSLY APPROVED Reports and Recommendations 1A.(a) CEQA Mitiqated Neaative Declaration (Previously-Approved) Approved ~ (b) Conditional Use Permit No. 2004-04917 Approved retroactive (Tracking No. CUP2005-05061) extension of time for ; 2 years (to expire on Agent: Front Porch - Walnut Manor, 303 West Glen Oaks November 1, 2007) ' Boulevard, Suite 1000, Burbank, CA 91502, Attn: Wendy Cohen Consent Calendar Location: 891 South Walnut Street: Property is approximately 7.7 Approvai acres located at the northwest corner of Ball Road and vOTE: a-0 Walnut Street with frontages of 644 feet on the north side commissioners Karaki, Perez of Ball Road and 600 feet on the west side of Walnut and velasquez absent Street (Walnut Manor Retirement Community). Request a retroactive time extension for a previously approved 1 to 3- story, 151-unit senior apartment retirement community including independent living, assisted living, memory impairment and various recreational facilities for senior citizens (Walnut Village) and retain an Project Planner. existing 99-bed skilled nursing facility and chapel with waivers. (anerricrc@ananeim.net) • , " 02-06-06 Page 2 FEBRUARY 6, 2006 PLANNING COMMISSION MINUTES • ' Mi -~ 1B. Receiving and approving the Minutes from the Planning Commission Continued to Meeting of December 12, 2005. (Motion) February 22, 2006 Continued from the January 9, 2006, Planning Commission meeting. Consent Calendar Approval VOTE: 4-0 Commissioners Karaki, Perez and Velasquez absent 1C. Receiving and approving the Minutes from the Planning Commission Continued ro Meeting of January 9, 2006 `(Motion) >February 22, 20Q6 Consent Calendar ApProval VOTE: 4-0 Commissioners Karaki, Perez and Velasquez absent • 1D. Receiving and approving the Minutes from the Planning Commission Continued to Meeting of January 23, 2006 (Motion) February 22, 2006 Consent Calendar Approval VOTE: 4-0 Commissioners Karaki, Perez and Velasquez absent • 02-06-06 : Page 3 : FEBRUARY 6, 2006 PLANNING COMMISSION MINUTES • Public Hearina Items: 2a. ' CEQANEGATIVEDECLARATION Continuedto 2b. VARIANCE NO.2005-04675 February 22,'2006 Owner: The Shops at Stadium Towers, Therese Hotvedt, 1100 Newport Genter Drive, Suite 150, Newport Beach, CA - 92660 ' Motion: Romero/Flores Agent: Peter Louis/John Hill, 3195-B Airport Loop Drive, Costa VOTE: 4-0 Mesa, CA 92626 Commissioners Karaki, Perez and Velasquez absent location: 2410 -2420 East Katella Avenue: Property is " approximately 2.4 acres; having a frontage of 600 feet on the south side of Katella Avenue and is located 37 feet east ofthe centerline of Howell Avenue (Stadium Towers Plaza). - Request waivers of (a) minimum number of parking spaces, (b) permitted number of#enants on a monument sign, (c) maximum number of ' monument signs, (d) maximum height of monument sign, (e) permitted number of wall signs, (f) permitted location of wall signs, and (g) maximum height of letters/logos on wall signs to waive minimum number of parking spaces and permitted signs for a previously-approved commercial center. Continued from the January 23, 2006, Planning Commission meeting • VariBnCe ResOlution NO. Project Planner. _ (avazauez[a~anaheim. net) OPPOSITION: None DISCUSSION TIME: This item was not discussed. t FEBRUARY 6, 2006 PLANNING COMMISSION MINUTES ~ 3a. CEQA CATEGORICAL EXEMPTION - CLASS 1 AND 15 Withdrawn 3b. TENTATIVE TRACT MAP NO. 16958 Owner: Anaheim Hotel Partnership, LCP, 777 Convention Way, Motion: Ftores/[tomero Suite 110, Anaheim, CA 92802 VOTE: 4-0 Agent: Kelly Carlyle, Psomas, 3187 Red HiII, Suite 250, Costa Commissioners Karak;, Mesa, CA 92626 Perez and Velasquez absent Location: 777 Convention Way: Properfy is approximatefy 8.5 acres, located at the northwest corner of Hotel Way'and Convention Way (Anaheim Hilton). : Request to establish a 1-1ot, airspace hotel subdivision for investment ~ purposes. Continued from'the December 12, 2005, January 9, and 23, 2006, Proiect P~a~ner: Planning Commission meetings. (skimc~ananeim.net~ OPPOSITION: None ~ DISCUSSION TIME: This item was not discussed. FEBRUARY 6, 2006 PLANNING COMMISSION MINUTES • ATIVE DECLARATION Continued to 4a. CEQA MITIGATED NEG 4b. ' VARIANCE NO. 2005-04655 February 22, 2006 4c. TENTATIVE PARCEL MAP N0. 2005-157 Owner: Gary Calkins Trust, 6263 East Trail Drive, Anaheim, CA motion: Fiores~Romero 92807 A ent: Steve Ellis, 4742 Yorba Lane, Yorba Linda, CA 92886 9 VOTE; 4-0 Commissioners Karaki, Perez and Velasquez absent Location: 6263 East Trail Drive: Property is approximately 3.2 acres having a frontage of 47 feet at the terminus of Trail Drive ' and is located 145 feet west of the centerline of Whitestone Drive. Variance No. 2005-04659 - Request waivers of (a) maximum structural height, (b) maximum retaining wall height and (c) lot frontage on a public or private street to construct a singie-family residence. - Tentative Parcel Map No. 2005-157 - To establish a 2-lot, 2-unit detached single-family residential subdivision. Continued from the January 9, and January 23, 2006, Planning Commission meetings. ' Project Planner. Variance Resolution No. (avazcruezCa~anaheim:netl i OPPOSITION: None DISCUSSION TIME: This item was not discussed. FEBRUARY 6, 2006 PLANNING COMMISSION MINUTES • 5a. CEQA NEGATIVE DECLARATION Flores/Buffa Approved, with.modifications 5b. VARIANCE NO. 2005-04677 Flores Cranted; in part, waiver (d) was denied since it 6as been deleted. - Owner: Anaheim Hotel LLC., 600 East Riverpark Lane, Suite 205, Boise, Idaho, 83706 CE a Added verbiage pertaining to Agent: Bob Suits, Northwest Hospitality Croup, 600 East RiverparK Mitigation Monitoring Plan Lane, Suite 205, Boise, Idaho; 83706 No. 7z Location: 1855 South Harbor Boulevard: Property is approximately vAR 10.4 acres located at the northwest corner of Harbor Added a conaition ot' Boulevard and Convention Way (Sheraton Hotei). approva~ Request waivers of (a) minimum number of parking spaces, (b) maximum number of monument signs per street frontage, (c)maximum number of voTE: a-o wall signs and (d) maximum letter height for wall,signage to construct a Commissioners Karakl, Perez 8,000 SqU81'2 fOOt feStaUl'811t. and Velasquez absent Variance Resolution No. PC2006-16 , Project Planner.~ (dherrickl~a anaheim.nefl • Chairman Eastman opened the public hearing. Della Herrick, Associate Planner, introduced Item Na 5. Ms. Nerrick put into the record additional verbiage that the new restaurant shall not have a significant negative effect upon the environment. This statement was to include the Mitigation Monitoring Plan Na ' 72 into CEQA Negative Declaration. Also Ms. Herrick added a condition of approval to include that prior to issuance of a building permit, a landscape plan indicating vines and/or additional landscaping treatment will be provided for the west building wall. This information will be supplied to the Planning Services Division of the Planning Department for review. The decision by the Planning Service Division can be appealed to the Planning Commission. ApplicanYs Statement: Bob Suits, Northwest Hospitality Group, 600 East Riverpark Lane, Suite 205, Boise, Idaho, shared a brief history of the previous hotels that were at this location. !t is the desire of the current owners to incorporate a high end restaurant into the newly remodeled hoteL Mr. Suits is aware of all the conditions that apply to this project especially the landscaping issues and agrees with them. THE PUBLIC HEARING WAS CLOSED. • , 02-06-06 Page 7 FEBRUARY 6, 2006 PLANNING COMMISSION MINUTES • OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, February 28, 2006. DISCUSSION TIME: 10 minutes (2:42-2;52) • l FEBRUARY 6, 2006 PLANNING COMMISSION MINUTES • 6a. CEQA NEGATIVE DECLARATION ~ 6b. CONDITIONAL USE PERMIT N0.2005-05060 6c. DETERMINATION OFPUBLIC CONVENIENCE OR NECESSITY NO: 2005-00024 ' Owner: Pietro T. Trozzi, 9471 Gateshead Drive, Huntington Beach, , CA 92646 Agent: Rick Solberg, Solberg & Associates, 201 East Center ° Street, Anaheim, CA 92805 Location: 3242 West Lincoln Avenue: Property is approximately 1.5 acres,` located east and south of the southeast corner of Westchester Drive and Lincoln Avenue, having frontages of 136 feet on the south side of Lincoln Avenue and 187 feet on the east side of 1Nestchester Drive,(Maria's Pizzeria and . Billiards). Conditional Use Permit No. 2005-05060 - Request to permit a restaurant and billiard facility with the on-premisessale and consumption of beer and wine with waiver of minimum'number of required parking spaces. Determination of Public Convenience and Necessity No. 2005-00024 - Request to permitsales of beer and wine for on-premises consumption within a restaurant and billiard facility. ~ Conditional Use Permit Resolution No. Public Convenience or Necessity Resolution No. Continued to March 20, 2006 Motion: Buffa/Flores VOTE: 4-0 Commissioners Karaki, Perez and Velasquez absent Project Planner. (kwona2Ca~anaheim. net) Chairman Eastman opened the public hearing. Kimberly Wong, Planning Aide, introduced Item No. 6. Ms. Wong stated that this area has been a source of high crime due to the activity of gangs. She went on to state that the West Anaheim Policing Team is concerned with the consumption of beer and wine and its effect upon the already existing serious crime rate. Ms. Wong said that the configuration of the restaurant and billiards portion creates a greater opportunity for Ioitering and could exacerbate the crime rate in the area. Ms. Wong indicated that the Anaheim Police Department and the Planning Department recommends approval of the establishment with denial of the request for sale of beer and wine due to the areas of high crime rate. ApplicanYs Statement: Rick Solberg, Solberg & Associates, 201 East Center Street, Anaheim, CA acted as the agent for the owner of this property. Mr. Solberg stated that the existing piueria is the largest business located in this particular shopping • center. The success or failure of the piua parlor has a direct effect on the other service businesses that are in the shopping center. The owners are committed to improving the general excellence of the area by 02-06-06 Page 9 ' ' FEBRUARY 6, 2006 PLANNING COMMISSION MINUTES • upgrading the pizzeria and billiard establishment with a diverse family environment. The owners are also interested in improving the quality of the entire shopping center. Public Testimony: Charies Bradley, 3208 W. Faircrest Drive, Anaheim, CA, an official of the'West Anaheim Neighborhood Development Council (WAND), spoke in opposition pertaining to the subject request. Mr. Bradley stated that there are three schools located in close proximity to the shopping center. He also had an issue on how long the previous establishment has been closed. He went on to say that the area does not need another business of this type. The area needs more affordable housing. Esther Wallace, 604 Scott Lane, Anaheim, CA.; Chairman of the WAND organization also indicated that she is in opposition to the subject request. Ms. Wallace said that the area has an excessive number of parolees: She went on to indicate that the area in general has avery high concentration of people living within its borders. Ms. Wallace informed the Gommission that WAND was the first organization to advocate a revival of the area. She and WAND do not agree that the combination of a pizzeria and billiard establishment se~ling beer and wine will induce other businesses to come into the center. Applicant's RebuttaL• Mr. Solberg addressed several of the public concerns. ~ He said that the best use of the additional space in the restauranf would be to include billiard tables and not video games. Additionally he stated that this restaurant would be the first step in revitalizing the entire shopping center. Maria Trozzi, 9471 Gateshead Drive, Huntington Beach, CA, came forward as the shopping center owner and owner of the proposed restaurant Ms. Troui stated that it is her plan to renovate the entire shopping center if she knows that she will be able to do business as requested in the subject item. If she is not, then she is possibly unwilling to go forward with the improvement of the entire center. Commissioner Buffa inquired about the hours that the establishment would operate. She expressed concern about the restaurant being open until 2:00 a.m. on the weekends. Mr. Solberg said that the owner is flexible with regards to the hours of operation. He went on #o say that' the primary income for this establishment will be the sale of food as the license mandates. Mr. Solberg wanted to emphasize that the restaurant wants to attract family type patrons and that is why the restaurant layout is designed the way it is. The layout is not designed to encourage the drinking of beer and wine in the billiard portion of the restaurant. He said that the staff of the restaurant.must be willing to control the people drinking in the gaming area. Commissioner Flores asked the Anaheim Police Department representatives to address the issue regarding gangs in the area. Michele Irwin, Sr. Police Services Representative replied that there are six known gangs aetive in this neighborhood, two Hispanic gangs and four black gangs. She said thaf the gangs will congregate in what i they consider to be their areas. Officer Irwin said that this could presenf a problem because each of the gangs would like to take control of the shopping center and make it their own. 02-06-06 Page 10 ~ FEBRUARY 6, 2006 PLANNING COMMISSION MINUTES ~ Officer Irwin went on to say that this location had a previous ABC license and this caused severai problems for the local residents. There was also an investigation'involving narcotics in the area. Because of aJong history of drug and alcohol problems at this location; the Anaheim Police Department has notified the property owners that they wiU protest the issuance of another ABC license afthis center. This condition is to help ensure the safety and welfare of the citizens of Anaheim in that neighborhood. Chairman Eastman was encouraged by Mark.Gordon, Assistant City Attorney, to give Mr. Solberg an opportunity to respond to the statements made by Officer Irwin. Mr.' Solberg stated that it is his belief that the 15,000 sq. ft. shopping center, 30% which is vacant, is being blamed`for the overall crime rate for the approximately 9,000 people in this recording area. Chairman Eastman asked Officer Irwin to respond to Mr. Solberg's statements, Officer lrwin said that because of the location being closed,for some time that there are no recent records of incidents. She went on to state that because of the 333% increase in crime in the general area, that this use of the property would be detrimental to the safety of the surrounding citizens. Officer Irwin aiso stated that as a suggestion to help reduce crime that the restaurant do away with the pool hall portion of the'request. This would lend the establishment to having more family cliental; Greg Hastings,Planning Services Manager, concurred with Officer Irwin's statement. Mark Gordon, Assistant City Attorney, summarized the issue at hand, as framed by the Commission, which is, would the applicant consider a change in the use of that location by limiting the sale of alcohol or by eliminating the use of pool tables. He stated that the real question to the applicant was'how important ~ is the'sale of alcohol for the success of this business. Chairman Eastman asked Ms. Troui why the sale of alcohol is so important to this restaurant. Ms. Troui responded that in her experience people do not like eating pizza without the opportunity to have beer or wine. This is what she has been told that the local residents want. She went on to explain #hat in an effort to create a safe atmosphere, patrons must hand over their driver's license to the staff of the restaurant while they are there. She said that this would be unacceptable to the gangs and therefore they would not patronize the establishment. Chairman Eastman asked Mr. Solberg if the applicant was willing to revise the design of the restaurant and to consider upgrading the entire shopping center or have the Commission make a ruling without a continuance at this time after hearing the Commissioners opinions and questions. Mr. Solberg indicated that he and Ms. Trozzi would agree to work with Planning staff and address issues raised at today's meeting. He requested a continuance so that modifications and/or agreements can be reached by all interested parties. , THE PUBLIC HEARING WAS CLOSED. Chairman Eastman stated a motion passed to continue the Item to March 20, 2006. This continuance would seek to resolve many of the Commission's issues and questions that were brought up in general discussion. . _ 02-06-06 Page 11 FEBRUARY 6, 2006 PLANNING COMMISSION MiNUTES ~ OPPOSITION: . 2 people representing West Anaheim Neighborhood Development Council (WANDJ spoke in opposition to the subject request. A letter was received in opposition to the subject request. DISCUSSION TIME: 1 hour and 30 minutes (2:53-4:23) ' ~ Respectfully submitted: . / ~' /~~~~~„« ~i~,~/~~ ~ Marie W itkay Senior Secretary Received and approved by the Planning Commission on ~e..~ru ar r 2.2., 2006. : 02-06-06 page 12