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Minutes-PC 2006/02/22~ CITY OF ANAHEIM Planning Cornmission Minutes Wednesdav, Februarv 22, 2006 Council Chamber, City Nall 200 South'Anaheim Boulevard, Anaheim, California CHAIRMAN: GAIL EASTMAN Commissioners Present: CEGLIA FLORES, JOSEPH KARAKf, ED PEREZ, PANKY ROMERO, PAT VELASQUEZ {arrived @ 2:45) Commissioners Absent: KELLY BUFFA Staff Present: Mark Gordon, Assistant City Attorney Della Nerrick, Associate Planner Greg Hastings, Planning Services Manager James Ling, Principal Civil Engineer Greg McCafferty, Principal Planner Elly Morris, Senior Secretary Judy Dadant, Senior Planner Marie Witkay, Senior Secretary Susan Kim, Associate Planner Timor Rafiq, Rafiq & Associates • Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 4:00 p.m. on Wednesday, February 15, 2006, inside the disp(ay case located in the foyer of the Councit Chambers, and also in the outside display kiosk. Publi hed: Anaheim Bulletin Newspaper on Thursday, February 9, 2006. • Call o 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 FEBRUARY 22, 2006 AGENDA ~ Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:30 P.M. Attendance: 15 For record keepinqpurposes ifY,ou wish to make a statement regardinc~ anv item on the aaenda ~ease comQlete a s.~,eaker card in advance and submit it to the secretary. • Pledge Of Allegiance: Commissioner Romero • Public Comments • Consent Calendar • Public Hearing Items • • Adjournment . You may leave a message for the Planning Commission using the following e-mail address: planninA,commissionCcDanaheim.net H:\TOOLS\PCADMIN\PCMIN IACT~2006MI NUTES~AC022206.DOC FEBRUARY 22, 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 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 pubiic request the item to be discussed and/or removed from the Consent Calendar for separate action. Commissioner Flores offered a motion, seconded by Commissioner Karaki and MOTION CARRIED (Commissioners Buffa and Velasquez absent), for approval of Consent Calendar items 1-A, 1-B, 1-C, 1-E and 1-F, and to continue Consent Calendar Item 1-D to March 6, 2006 as recommended by staff. UNANIMOUSLY APPROVED • • R,Pn~rtc and RpcgmmetldltiOtls 1A.(a) CEQA EXEMPTION - PUBLIC RESOURCES CODE SECTION 21080.17- CEQA GUIDELINES SECTIONS 15282(i) AND 15305 (b) ZONING CODE AMENDMENT NO. 2003-00021 (TRACKING NO. ZCA2006-00045) Agent: City of Anaheim, 200 South Anaheim Boulevard, Suite 162, Anaheim, CA 92805 Location: Citvwide City-initiated review and approval of revised second unit Deficiencies Area Map. Zoning Code Amendment Resolution No. PC2006-17 Concurred with staff Approved I Consent Calendar '~, ApAroval ~ VOTE: 5-0 Commissioners Buffa and Velasquez absent Project Plannec (ethien anaheim.net) o2-2z-o6 Page 2 FEBRUARY 22, 2006 PLANNING COMMISSION MINUTES EVIOUSLY P • ved A - R 1B.(a) CEQA ENVIROMENTAL IMPACT REPORT N0. 313 ( ppro CERTIFIED) (b) FINAL SITE PLAN NO. 2005-00011 Approved Agent: Kerr Project Services, 4655 Cass Street, Suite 200, San . Consent Catendar Diego, CA 92109 APproval Location: 2041 South Harbor Boulevard:' Property is yOTE: 5-0 approximately 3.3 acres, having a frontage of 233 Commissioners Buffa and ~ feet on the west side of Harbor Boulevard and is Velasquez absent located 468 feet north of the centerline of Orangewood Avenue. Request to construct a#ull service, 8,517 square foot restaurant with alcohol sales. Projecf Rlanner.• (skim(c~-,-anaheim, net) • •' 02-22-06 Page 3 FEBRUARY 22, 2006 PLANNING COMMISSION MINUTES " • Min 1C. Receiving and approving the Minutes from the Planning Commission Meeting of December 12, 2005. (Motion) Continued from the January 9, January 23, and February 6, 2006, Planning Commission meetings. ; 1D. Receiving and approving the Minutes from the Planning Commission Meeting of January 9, 2006.' (Motion) Continued from the January 23, and February 6, 2006, Planning Commission meetings, • 1E. Receiving and approving the Minutes from the Planning Commission Meeting ofi January 23, 2006. (Motion) Continued from the February 6, 2006, Planning Commission meeting. 1F. Receiving and approving the Minutes from the Planning Commission Meeting of February 6, 2006. (Motion) • Approved Consent Calendar Approval . VOTE:' S-0 Commissioners Buffa and Velasquez absent Continued to March 6, 2006 Consent Calendar Approval VOTE: 5-0 Commissioners Buffa and Uelasquez absent Approved Consent Calendar Approval VOTE: 5-0 CommissionersBuffa and Velasyuez absent Approved Consent Calendar Approval VOTE: 5-0 Commissioners Buffa and Velasquez absent 02-22-06 Page 4 FEBRUARY 22, 2006 PLANNING COMMISSION MINUTES Public Hearina Items: • 2a. CEQA NEGATIVE DECLARATION 2b. VARIANCE NO. 2005-04675 Owner: Therese Hotvedt, The Shops at Stadium Towers, 1100 Newport Center Drive, Suite 150, Newport Beach, CA 92660 Agent: Peter Louis/John Hill, 3195-B Airport Loop Drive, Costa Mesa, CA 92626 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 of the centeriine of Howell Avenue (Stadium Towers Plaza). Request waivers of (a) minimum number of parking spaces, (b) permitted number of tenants on a monument sign, (c) maximum number of monument signs, (d) maximum heighf 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 signsfor a previously-approved commercial center. Continued from the January 23, and February 6, 2006, Planning Commission meeting • Variance Resolution No. OPPOSITION: None DISCUSSION TIME: This item was not discussed. Continued to March 6, 2006 Motion: Perez/Romero i VOTE: 5-0 Commissioners Buffa and Velasquez absent ' Project Planner. (avazquez c~anaheim.nefl 02-22-06 Page 5 FEBRUARY 22, 2006 PLANNING COMMISSION MINUTES 3a. CEQA MITIGATED NEGATIVE DECLARATION Continued to ~ 3b. VARIANCE NO. 2005-04655 March 20, 2006 3c. TENTATIVE PARCEL MAP NO. 2005-157 Owner: Gary Calkins Trust, 6263 East Trail Drive, Anaheim, CA Motion: ltomero/Flores 92807 Agent: Steve Ellis, 4742 Yorba Lane, Yorba Linda, CA 92886 voTE: 5-0 ` Commissioners Buffa 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 Na 2005-04655 - Request waivers of (a) maximum structural height, (b) maximum retaining wail height and (c) lot frontage on a public or private street to construct a single-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; 23, and February 6, 2006, Planning Commission meetings. Projecf Planner: Variance Resolution No. (avazquez~a anaheim.net) • ~ OPPOSITION: None DISCUSSION TIME: This item was not discussed. ..~ 02-22-06 ' Page 6 FEBRUARY 22, 2006 PLANNING COMMISSION MINUTES • 4a. CEQA NEGATIVE DECLARATION Karaki/Romero 4b. WAIVER OF CODE REQUIREMENT Karaki/Romero 4c. CONDITIONAL USE PERMIT NO. 2005-05049 Karaki Owner: Investment Fremont, 175 North Riverview Drive, Anaheim, CA 92808 Agent: Jay Malloy, 8200 East Crystal Drive, Anaheim, CA 92807 Location: 5635 East La Palma Avenue: Property is approximately 5.6-acres, having a frontage of 275 feet on the north side of La Palma Avenue and is located 296 feet west of the centerline of Imperial Highway (Cinema City Theatres). Request to permit storage of vehicles within'an existing parking structure for an off-site automotive dealership with waiver of minimum number of _ _ _ _ parking spaces. Continued from the January 23, 2006, Planning Commission'meeting." Conditional Use Permit Resolution No. PC2006-18 • Chairman Eastman opened the public hearing. Della Herrick, Associate Planner, introduced Item No. 4. Approved Approved Granted for 1 year (to expire on February 22, 2007) Modified Condition Nos. 7 and 9 ~vo conditions of approval were added. VOTE: 6-0 Corrunissioner Buffa absent Project Planner.• (dherrickCc~anaheim. net) Ms. Herrick stated that staff observed the location in the evening and indicated that there was insufficient lighting and an overflow of trash at the northern end of the site. Conditions of approval have been added since the last Planning Commission meeting on January 23, 2006, to include a photometric plan to improve lighting canditions in the parking lot and trash enclosure monitoring to ensure adequate pick-up. Staff also verified that this request does not conflict with past zoning actions approved by the Planning Commission or City Council. These findings have been shared with Mr. DeBeities who is one of the owners of the adjoining retail property. Ms. Herrick went on to say that Staff believes that the concerns identified at the prior Planning Commission meeting have been addressed. The staff s opinion also includes that as a result of a recent traffic study, the parking on site is adequate for the theater without the parking structure. The applicant has indicated that the storage of the vehicles is limited to a one year period with the possibility of an extension. Additionally, Ms. Herrick, stated that given the limited duration of the proposed storage facility, the lack of use of the parking structure and the parking demand study approved by the City's independent traffic consultant, the recommended conditions of approval and review of the pertinent conditions affecting the parking and access, staff suggests that this use be approved for a period of one year to expire on February 22, 2007. Della Herrick added a condition of approval stating that within 30 days following the date of this Resolution, all barbed wire wiU be removed from the subject property. She also added that a condition of approval stating that within 90 days from the date of this Resolution, the parking lot will be resurfaced and • re-striped in conformance with Code requirements. This would also modify the timing of the conditions in Condition No. 9. 02-22-06 Page7 FEBRUARY 22, 2006 PLANNING COMMISSION MINUTES ~ ApPlicant's Statement: Jay Malloy, 8200 E. Crystal Drive, Anaheim, CA, represented the nearby car dealership who wants to store their cars in the parking structure. Public Testimony: Dick DeBeities, 5289 Alton Pkwy, irvine, CA; represented the retail business owners of the shopping center that is adjacent to the move theater. Mr. DeBeities handed out documents to the Commissioners regarding the subject location. Mr. DeBeities urged the Planning Commission to look not only at the storing of cars in the movie theater parking structure, but also the dramatic changes that wiil occur to the area with the construction of a CalTrans overpass on Imperial Highway. He read a letter that was sent on January 3, 2006, to the Commission stating that he still had questions that were unanswered by fhe Staff Report. One of his issues was that the parking structure was zoned for parking for the adjacent theater. He stated that the only reason the parking structure was built was to accommodate parking for the theater patrons. If the theater is no longer using the parking structure then it should be removed from the property. Mr. DeBeities went on to say that using the parking structure as a car barn is out of context with the first class retail and commercial center and movie theater that are currently located on the subject properties. He stated that the construction of the parking structure was a poor land use decision and asked the Commission to consider the long term ramifications of this decision. Mr. DeBeities then referred to the Staff Report paragraph Na 19. He asked if any of the referenced previous use permits issued were regarding a parking structure in an existing commercial center, or were • they in an industrial zoning area. He then spoke about Staff Report, paragraph No. 20 and wanted to know from the movie theater operator what the number of tickets were that were sold an the nights that the traffic survey was taken. This would reflect the theater capacity during the study period and if the parking lot capacity was consistent with the theater capacity. This study would show if there is a necessity for spill over parking onto the shopping center property. He reiterated to the Commission that the City parking study omitted the study of the shopping center parking, which is immediately adjacent to Imperial Promenade parking lot. This study does not give clear evidence of the theater's area wide impact. Mr. DeBeities reaffirmed his opposition to the Conditional Use Permit No. 2005-05049. Furthermore he stated that the theater is out of compliance with its existing Conditional Use Permit No. 3414. Mr. DeBeities then went on to discuss the handouts that he supplied to the Commissioners. Some of the handouts referred to possible future construction as proposed bythe land owner with regards to a master plan. Applicant's Rebuttal: Lee Petros, 1851 E. 1 St Street, Suite 857, Santa Ana, CA, spoke as the representative of the owner of the land that the movie theater and parking structure are on. He stated that the purpose of this item before the Commission was the use of the parking structure as a temporary car storage facility. Anything with respect to other items are not an issue at this point and time. Chairman Eastman stated that she had difficulty in granting new uses if the owner has not been in compliance with a previous conditional use permit. • Mr. Petros replied that the new owner was not aware of any of these issues until recently. _ 02-22-06 Page 8 FEBRUARY 22, 2006 PLANNING COMMISSION MINUTES Greg McCafferty, Principal Planner, interjected that once the owner was aware of the necessity for the • new conditional use permit, he did file it. If the Commission does not find in favor of the owner, then he would have to'stop using the parking structure as a car storage facility. Mr. McCafferty went on to say that staff continues to favor the conditional use permit and that there is nothing in the priorland use permits that prevents the Commission from making a favorable decision based on the prior land use permits. Staff supports a one year approvai of car storage for the parking structure. THE PUBLIC HEARING WAS CLOSED. Commissioner Velasquez said that she still has a problem with the parking structure adversety affecting the adjoining property. Mark Gordon, Assistant City Attorney, addressed Commissioner Velasquez's concerns by saying that the issue is a parking waiver. The conditional use permit is to use the parking structure for the storage of vehicles. The focus of the Commission should be on the approval of that entitlement. All supporting documents and studies are in support of approval of this conditional use permit: , Commissioner Karaki made note that he sees the parking lot for the moyie theater on a daily basis and he does not see anything that is unusuaL The parking lot is sometimes 60% fulL He stafed that he was in support of the parking structure to be used as a car parking storage facility.- Commissioner Romero expressed his opinion and he noted that the parking Jot is generalty not filled to capacity and that the theater owner has upgraded the theater. He also said that he is in favor of the conditional use permit. Commissioner Perez expressed his support of the conditional use permit based on staff's ~ recommendations and the applicable studies and findings. Commissioner Flores said that with the improved parking lot lighting and resurfacing, more people will be inclined to use it. Following action taken on the item, there was a general discussion by the Commissioners and staff. OPPOSITION: A person spoke in opposition and submitted documents pertaining to subject request. Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5;00 p.m. on Thursday, March 16, 2006. DISCUSSION TIME: 40 minutes (2:38-3:18) Commissioner Velasquez arrived to the Planning Commission meeting at 2:45 p.m. • 02-22-06 Page 9 FEBRUARY 22, 2006 PLANNING COMMISSION MINUTES CEQA CATEGORICAL EXEMPTION --,GLASS 1 AND 15 Romero/Perez • 5a. Concurred with staff . 5b. CONDITIONAL USE PERMIT NO. 2006-05067 Romero Granted 5c. TENTATIVE PARCEL MAP NO. 2006-120 (READVERTISED) Romero/Perez Approved Owner: Anaheim Hotel Partnership, LCP, 777 Convention Way, Suite 100, Anaheim, CA 92802 CUP Modified Condition Agent: Kelly Carlyle, Psomas, 3187 Red Hill, Suite 250, Costa Mesa, Nos. l and 3 CA 92626 Location: 777 Convention Wav: Property is approximately 8.5-acres VOTE: 6-0 and is located af the northwest corner of Hotel Way and commissioner Buffa absent ' Convention Way (Anaheim Hilton and Towers). Conditional Use Permit No. 2006-05067 - Request to permit a non- residential condominium hotel for financing purposes. Tentative Parcel Map No. 2006-120 - To establish a 1-lot non-residential bd' '' f f'nancin ur oses commercial condommium hotel pro~ect su ivision or i g p p Conditional Use Permit Resolution No. PC2006-19 Pro~ecrP~anner.• (skim ananaheim.nef) Chairman Eastman opened the public hearing. Susan Kim, Associate Planner, introduced Item No. 5. • Ms. Kim read into the record modifications to Condition Nos. 1 and 3. ApplicanYs Statement: John Erskine, 18101 Von Karman, Suite 1800, Irvine, CA, represented the Anaheim Hotel Partnership. Mr. Erskine stated that this is not a timeshare project and not a residential condominium hotel. This project is a commercial condominium hotel property. He stated that the investor will receive an air-space deed along with an undivided interest in the common area, but will not be able to occupy the unit for more than seven days per calendar year. The conditional use permit is in concurrence with the staff revisions. Commissioner Romero asked if each investor would receive their own deed to the unit. Kelly Carlyle, 3187 Red Hill Avenue, Irvine, CA, stated that this project complies with all of the requirements from the Assessor's Office as would any other condominium project. The investors will own air-space through the condominium which is recorded in the Tax Assessor's Office. She also indicated that each investor will be able to purchase a speciflc unit in the condominium plan which will be certified by the title company as insurable units. All documents pertaining to this will be recorded with the appropriate entity. Ms. Carlyle went on to explain that the owners may only use the unit for a maximum of seven days per year if the unit is available. The CC&R's must be signed by the purchaser stating that the maintenance and upkeep will be the responsibility of the hotel manager/developer. The units must be used as a transient unit no matter if the master lease expires or is terminated. • THE PUBLIC HEARING WAS CLOSED. Following action taken on tfie item, there was a general discussion by the Commissioners and staff. 02-22-06 Page 10 FEBRUARY 22, 2006 PLANNING COMMISSION MINUTE$ • : OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-day appeal rights for the Tentative Parcel Map ending at 5:00 p.m. on Saturday, March 4, 2006; and presented the'22-day appeal rights for the Conditional Use Permit ending at 5:00 p.m. on Thursday, March 16, 2006. , DISCUSSION TIME: 16 minutes (3;19-3:35) Following action of this item, a discussion took place as staff#urther addressed questions by the Commission pertaining to the subject Conditional Use Permit and Tentative Parcel Map. DISCUSSION TIME: 13 minutes (3:36-3:49) ~ • MEETING ADJOURNED AT 3:50 P.M. TO MONDAY, MARCH 6, 2006 AT 1:00 P.M. FOR PRELIMINARY PLAN REVIEW. Respectfully submitted: ~~ ~~,~~~~I U Marie itkay Senior Secretary Received and approved by the Planning Commission on I'~Jct re~ ~ , 2006. 02-22-06 Page 11