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Minutes-PC 2006/04/17~A"Ej'" ~-~ CITY OF ANAHEIM . • _ 4 P ~r'~' ' ' ' o ~ Plann~ng Commission ~ ~ Minutes ~ ~~Q~a~ Mondav, April 17, 2006 . . o p~ , ,~i ~ Council Chamber, City Hall : ~ $~ 200 South Anaheim Boulevard, Anaheim, California UNDED ~ - CHAIRMAN: GAIL EASTMAN Commissioners Present: KELLY BlJFFA, JOSEPH KARAKI, PANKY ROMERO, (ONE VACANCY) Commissioners Absent: CECILIA FLORES, PAT VELASQUEZ Staff Present: _ Mark Gordon, Assistant'CityAttorney James Ling, Principal Civil Engineer Greg Hastings; Planning Services Manager Michele Irwin, Sr.'Police Services Representative Greg McCafferty, Principal Planner Mark Lillemoen, Police Officer Master Advanced Dave See, Senior Planner Jessica Nixon, Planning Aide Amy Vazquez, Associate Planner Marie Witkay, Senior Secretary Kimberly Wong, Planning Aide • Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 4:00 p.m. on Thursday, April 13, 2006, inside the display case located in the foyer of the Counci( Chambers, and also in the outside display kiosk. Pu6lished: Anaheim Bulletin Newspaper on Thursday, March 23, 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 COMMISSION) • PRELIMINARY PLAN REVIEW FOR ITEMS ON THE APRIL 17, 2006 AGENDA • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:30 P.M. Attendance: 25 For record keepinq qurposes if vou wish to make a statement repardinq anv item on the aqenda p/ease complete a speaker 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-maiCaddress: planninacommission(cDanaheim.net H:\TOOLS\PCADMIN\RCMI NIACT12006MI NUTES1AC041706. DOC : APRIL 17, 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 itemswith the exception of public hearing items. Planning Commission Appointmenf: : ` Request For Consideration Of Potential Appointment Of Planning Commission Alternate For The '. Following: • Utilities Underground Conversion Subcommittee This item was not discussed and no action was taken. 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 Cafendar for separate action. , Commissioner Buffa offered a motion, seconded by Commissioner Romero and MOTION CARRIED ' (Commissioners Flores and Velasquez absent and with one Commission vacancy; and Commissioner , Buffa abstained on Consent Calendar Item 1-B), for approval of Consent Calendar ltems 1-A and 1-B as , recommended by staff. UNANIMOUSLY APPROVED Reports and Recommendations 1A.(a) CEQA MITIGATED NEGATIVE DECLARATION Approved : (PREVIOUSLY-APPROVED (b) CONDITIONAL USE PERMIT NO. 2005-04975 Approved revised eahibits (TRACK~NG NO. CUP2006-05074) Agent: Reky Hiramoto, Beazer Homes, 1800 East Imperial Consent Calendar Highway, Suite 200, Brea, CA 92821 Approval Location: 1818 South State Colleae Boulevard: Property is approximately 3.4 acres located south and east of the VOTE; a-o southeast corner of State College Boulevard and Katella Commissioners Flores and Avenue with frontages of 327 feet on the east side of State Velasquez absent and with one College Boulevard and 105 feet on the south side of Katella commission vacancy. Avenue (Platinum Centre Condominiums). _ Request to determine substantial conformance for modifications to previously-approved exhibits for an attached 265-unit condominium project within the Platinum Triangle. : Continued from the March 6, and 20, and April 3, 2006, Planning Commission ProjectPlanner.• • (avazquez@anaheim.net) meetings. 04-17-06 Page 2 APRIL'17, 2006 PLANNING COMMISSION MINUTES • Minu 1 B. Receiving and approving the Minutes from the Planning Commission Approved Meeting, of April 3,'2006. (Motion) Consent Calendar Approval VOTE: 3-0 Commissioner Buffa abstained since she was not present far the ' meeting, Commissioners Flores and Velasquez absent and with one Commission vacancy. ~ • APRIL 17, 2006 PLANNING COMMISSION MINUTES • Pu blic Hearing Items: 2a. CEQA NEGATIVE DECLARATION Continued to 2b. WAIVER 0F CODE REQUIREMENT ' May 1, 2006 2c. ' CONDITIONAL USE PERMIT NO. 2005-05060 2d. DETERMINATION OF PUBLIC CONVENIENCE OR"NECESSITY N0. 2005-00024 Motion: Karaki/Eastman ' Owner: Pietro T. Troui, 9471 Gateshead Drive, Huntington Beach, voTE: a-o Commissioners Flores and CA 92646 Velasquez absent and with one Commission vacancy. 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 Westchester Drive (Maria's Pizzeria and Billiards). Conditional Use Permit No. 2005-05060 - Request to permit a restaurant and billiard facility with the on-premises sale 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 permit sales of beer and wine for on-premises consumption within a restaurant and billiard facility. , Continued from the February 6, and March 20, 2006, Planning Commission meetings. Conditional Use Permit Resolution Na Public Convenience or Necessity Resolution No. Project Planner. ' (kwonp2 an.anaheim.netl Chairman Eastman opened the public hearing. Kimberly Wong, Planning Aide, introduced this item noting that it has come before the Planning Commission on two previous occasions, February 6, 2006 and March 20, 2006. She identified the applicanYs floor plan revisions and summarized the Planning Commission's concems regarding the pizzeria and shopping center in general. Also noted was the specific crime history for the surrounding reporting district and previous billiard hall. She stated that the Planning Services Division and the Anaheim Police Department recommend denial of this request. Michele Irwin, Senior Police Services Representative, spoke at the request of Ms. Wong. Officer Irwin stated that the vicinity where the pizzeria is located has the highest crime rate in Anaheim which is 333% above the city average. This includes the regions surrounding Disneyland, the Arrowhead Pond and the Anaheim Convention Center. She stated that there are several other locations, including elementary schools, that would be impacted by this request. There are six known gangs in the residential areas that are adjacent to the location. The Anaheim Police Department feels strongly that if the pizzeria were to serve alcohol and have billiard tables it would become a gathering place for gangs. There would also be ownership issues amongst the gangs as to whose territory it belonged. She stated that there is a demand ~ for frequent police presence in the area due to several 911 calls and other related law enforcement needs. 04-17-06 Page 4 APRIL 17,2006 PLANNING COMMISSION MINUTES • Officer Mark Lillemoen, Police Officer Master Advanced, addressed the issue by stating that the Police Department is supportive of the pizze~ia but that there must not be any negative impacts on the - community. He suggested a compromise that there could be pool tables with no alcohol served or to have the restaurant with alcohol but with no pool tables. It has been documented that when there is alcohol and pool tables together, the clientele tends to spend more time drinking and the effects of this can be carried to the surrounding neighborhood. Applicant's Statement: Rick Solberg, 201 E. Center, Anaheim, CA, architect for the applicant, spoke in favor of the project. He stated that this area in West Anaheim is in transition. He emphasized thaYthe applicant's family has operated restaurants in Orange County for over 45 years.` This is the firsf time that the applicant is requesting a liquor license at this tenant location. He disputed the Police Department crime statistics because it was not clearly identified if the previous billiard hall was the cause of an increased police presence or if it was because of the abuse of a public phone which was located right outside the billiard : hall. He stated that the primary use would be for'a family restaurant and would have six billiard tables for entertainment. He does not fee4 that because there is a combination of the family restaurant, the sale of beer and billiard tables that there would necessarily be a problem as evidenced by other successful similar establishments. He made #he point that the applicant has a vested interest not only in the piueria but in upgrading the entire center as a whole. He presented a physical model>of the shopping center's proposed elevation upgrades Mr. Solberg stated that the applicant would tike the Planning Commission` to grant a one-year approval for the pizzeria and fo allow it to be part of the overall positive development _ for this area. Public Testimony: Charles Bradley, 3208 West Faircrest Drive, Anaheim, CA, said that he does not approve of this item ~ because of the close,proximity of three schools to the center. He stated that the shopping center is in need of total renovation. He also asked why the pizzeria has been closed for the past few years. ApplicanYs RebuttaL• Maria Trozzi, P. O. Box 7109, Buena Park, CA, responded that the pizzeria has been closed due to roof repairs and a modification in tenant use for the shopping center. She stated that she is unwilling to resurface the entire parking lot because there are well trenches being dug across her property to the adjacent vacant lot. Greg McCafferty, Principal Planner, rebutted that the area in question is affected by utility remediation and does not involve the portion of the parking lot where the shopping center patrons park. Mr. Solberg and Ms. Trozzi acknowledged that upgrades need to be made to the landscape, parking and the facilities and are all part of the same plan. Ms. Trozzi said the public phone that was used for the abusive 911 hang-up calls has been removed. THE PUBLIC HEARING WAS CLOSED. Commissioner Karaki concurred with the opinions voiced by the Police Department. He asked Ms Trozzi ' if she would be agreeable to limiting the restaurant with the sale of beer and wine for one year to see how the restaurant impacts the neighborhood. He added that there would be a possibility of adding the billiard tables sometime in the future. Ms Trozzi said that she would prefer to have the billiard tables due to customer requests. ,, • Commissioner Karaki said that he is in favor of having either the restaurant with the beer and wine or just the billiard tables without the restaurant and no beer and wine. _ _ 04-17-06 , Page 5 APRIL 17, 2006 " PLANNING COMMISSION MINUTES • Ms. Trozzi stated she could operate the establishment so that it does not appeal to the gang element by changing the kind of music that is played, asking for I.D.'s and eliminating video games. Commissioner Buffa asked 4he Police Department representatives if the number of callswas equal to other locations in Anaheim. Representative Irwin said yes that the number of emergency police phone calls is the same for other locations such as El Patio: She acknowledged that the referenced number of 41 police calls in 2002 is a' high number. Mr. Solberg asked the whereabouts of the gangs in the past 2'/2 years since the originat pizzeria has ' been closed and why they don't go a few blocks away to a similar establishment. - Officer Irwin responded that gangs are very territorial and tend to stay within their neighborhood. Also one of the six known gangs will want to claim this establishment as their own, resulting in a turf war. Chairman Eastman asked for specific locations where the gangs are active in the neighborhood. Officetillemoen stated that the gangs are active in the entire general area because this is where they live. "This is verified by the graffiti wfiich is an indication of gang activity. There is not one specific gang location, but their presence is known throughout the neighborhood. Mr. Solberg said that there are other similar establishments that do not have a need for an extensive police presence. Commissioner Romero stated that he does not believe that the way the restaurant is proposed would be a family-friendly environment. He said that if there were billiards and alcohol, the establishment would ~ revert back to what it was before. He concurred with the Police Department that it should either be a billiard establishment with no alcohol or a restaurant with alcohol and no billiard tables. Commissioner Karaki said that once the entire shopping center has been upgraded it will tend to attract quality customers. This clientele would frequent a family-style restaurant that sells beer antl wine. Then at some future time after the restaurant is open there would be a possibility of adding the billiard tables later. He said that he is in favor of the restaurant serving beer and wine and no billiard tables. Chairman Eastman said that the applicant is a long time owner of the center and that they have let the shopping center run down over several years. She cannot support the item that the Police Department and staff are so adamantly against and also based on the continued neglect of the center. If the applicant had shown previous efforts to upgrade the center before this item came up, that would show a commitment to the surrounding neighborhood. She would support a family restaurant that serves beer and wine if the center were significantly upgraded first. Commissioner Buffa asked if there is something in the staff repo~t that states that a restaurant can have finro pool tables as an accessory use and serve alcohol without a conditional use permit. Mr. McCafferty responded that there is an administrative process through the Business License Division, contained in Title 4 of the Municipal Code, where the applicant can petition for two billiard tables. Mr. Solberg asked what the procedure would be to modify the use of the project before the Commission voted on this item so that he could confer with the applicant. Mr. McCafferty in conjunction with Mark Gordon, Assistant City Attorney, said that the applicant might want to consider two options: agree to limit the restaurant to 3,000 sq. ft. by demising an additional space or propose a revision to the floor plan to utilize the entire space which would necessitate an additional ~ parking study. : 04-17-06 Page 6 APRIL 17, 2006 PLANNING COMMISSION MINUTES • Mr. Solberg said that he would like to request a continuance to speak with his applicant about their options. He indicated that he would like to meet with the Planning Services staff in addition to Mr. Gordon to facilitate a clear understanding of the issues before him. OPPOSITION: A person spoke in opposition to the subjectrequest. DISCUSSION TIME: 1 hour and 17 minutes (2:35-3:52) ~ • , . 04-17-06 Page 7 APRIL 1T, 2006 PLANNING COMMISSION MINUTES • 3a. CEQA NEGATIVE DECLARATION Continued to 3b. WAIVER OF CODE REQUIREMENT May 1, 2006 3c. CONDITIONAL USE PERMIT NO. 2006-05069 Motion: Buffa/Romero Owner: Public Storage Euro Partnership, 701 Western Avenue, . Glendale, CA 91201 vOTE: a-o Commissioners Flores and INC. 23412 Agent: Dean Grobbelaar, Pacific Planning Group, , Velasquez absent and with one Moulton Parkway, Suite 140, Laguna Hills; CA 92653 . Commission vacancy. Location: 4880 East La Palma Avenue:Property is approximately - 3.5 acres, having a frontage of 340 feet on the south side of La Palma Avenue and is located 115 feet west of the centerline of Manassero Street. Request to construct a five-story self storage building with building heights exceeding 60 feet with waivers of (a)maximum floor area ratio and (b) maximum fence height. Continued from the March 20, 2006, Planning Commission meeting. Project P/anner.• Conditional Use Permit Resolution No. (jnixon@anaheim.net) ~ OPPOSITION: None DISCUSSION TIME: This item was not discussed. APRIL 17, 2006 PLANNING COMMISSION MINUTES ! 4a. CEQA NEGATIVE DECLARATION Karaki/Romero Approved 4b. WAIVER OF CODE REQUIREMENT Karaki/Romero- Approved 4c. CONDITIONAL U$E PERMIT N0. 2006-05071 Karaki Granted Denied waiver (a) since it has Owner: Gary Hui-Li Dou, Dou Family Trust, 15538 East Gale been deleted; and approved Avenue, Hacienda Heights, CA 91745 waiver (b). Agent: Robert Lombardi, P.O. Box 270571, San Diego, CA 92198 Moditied Condition No. 33 Location: ' 500 North Brookhurst Street: Property is approximately VO'rE: 4-0 1.22 acre and is located at the northeasf corner of Commissioners Flores and Brookhurst Street: and Alameda Avenue: velasquez absent and with one Commission vacancy. Requestto construct* a new commercial retaif center with a drive- through freestanding restaurant with waivers of (a) minimum number of parking spaces and (b) permitted number of tenants on a monument ' sign. - * Advertised as permit. ~ ~ Continued from the April 3, 2006, Planning Commission meeting. ProjectP/anner. (jnixon@anaheim. net) Conditional Use Permit Resolution No. PC2006-34 Chairman Eastman opened the public hearing. Jessica Nixon, Planning Aide, introduced this item and stated that the Public Works staff has reviewetl the sewer study calculations provided by the applicant and they find the report acceptable. ApplicanYs Statement: Robert Lombardi, applicant, stated that he agrees with the Planning Services staff report and conditions. THE PUBLIC HEARING WAS CLOSED. Commissioner Romero asked if tenants have been identified for the site. Mr. Lombardi replied that one verified tenant would be Starbucks. Discussions have been ongoing with several other prospective tenants. Commissioner Karaki stated that he would like to have a plan modification to the horizontal design of the building by breaking that line as it is currently proposed. He suggested that he meet with staff to consider various options to affect this change. Greg McCafferty, Principal Planner, noted that in order for this to happen the applicant needs to modify Condition No. 33 of the draft resolution would need to be modified and indicated that this would need to come back to staff for review. Mr. Lombardi agreed to work with staff to accommodate a horizontal elevation change. APRI L 17, 2006 '' PLANNING COMMISSION MINUTES • Commissioner Buffa agreed with the commercial land use of this property only because there are existing commercial buildings in the area. Mr. McCafferty stated that this additional finding will be added to the draft resolution. OPPOSITION: None " _ - Mark Gordon, Assistant City Attorney, presented the 22-day appeal'rights ending at 5:00 p.m. on Tuesday, May 9, 2006. DISCUSSION TIME: 15 minutes`(3:55-4:10) ~ APRIL 17, 2006 PLANNING COMMISSION MINUTES • 5a. CEQA ADDENDUM TO EIR N0. 330 Buffa/Romero 5b. WAIVER OF CODE REQUIREMENT BuffalRomero 5c. CONDITIONAL USE PERMIT:NO. 2006-05076 Buffa 5d. TENTATIVE TRACT MAP NO. 17040 ' Buffa/Romero 5e. REVIEW AND RECOMMENDATION OF Buffa/Romero CONCEPTUAL ARCHITECTURAL PLANS Owner: Voit Anaheim Business, 21530 Oxnard Street, # B, Woodland Hills, CA 91367 , Anaheim Redevelopment Agency, 201 South;Anaheim Boufevard, Suite 1003, Anaheim, CA 92805 Agent: Celena Chen, John Laing Homes, 3121 Michelson Drive, Suite 200, Irvine, CA 92612 ' Location: 516 East Santa Ana Street: Property is a rectangularly- , shaped 12.6 acre parcellocated at the southeast corner of Santa Ana Street and Olive Street (Kwikset site). Conditional Use Permit No. 2006-05076 - Request to construct a 135 unit semi-attached affordable single-family residential condominium : project with waiver of required improvement of right-of-way.* *Advertised as "with density bonus and incentives". : ~ Tentative Tract Map No. 17040 - To establish a 10-lot, 135-unit semi- attached single-family residential subdivision. Planning Commission review and recommendation to the Anaheim Redevelopment Agency of basic architectural plans for a 135 unit semi- attached affordable single-family residential condominium project. Conditional Use Permit Resolution No. PC2006-35 Approved Approved Granted APProved Recommended approval ' to'the Anaheim Redevelopment Agency VOTE: 4-0 , Commissioners Flores and Velasquez absent and with one Commission vacancy. Project Planner. (dsee@anaheim.net) Chairman Eastman opened the public hearing. Dave See, Senior Planner, introduced this item and offered a slide show review of the project complete with elevation enhancements. ApplicanYs Statement: Debra Pember, Director of Community Development for John Laing Homes, thanked the Planning Services staff and the Redevelopment Agency for their assistance with this design. THE PUBLIC HEARING WAS CLOSED. Commissioner Romero asked how the number of affordable units is arrived at. Mr. See said that potentially there could be 45 units of affordable to moderate income residents. APRIL 17, 2006 PLANNING COMMISSION MINUTES • Abel Avalos, Project Manager 11, clarified the question by saying that 45 units for this development would be affordable at 120% ofiarea median income: The proposed sale price for these units would be approximately $399,000 which'applies to the carriage units above the garages only. He stated that there is a selection process in place to find buyers for these units'and John Laing Homes is familiar with this process. It would be a joint effort between John Laing Homes and the Anaheim Housing Authority staff to processthe applicants and then create a list of qualified homebuyers. Commissioner Romero wanted to know the exact amount of the common green areas. Mr. See responded that Planning Services does not provide a breakdown between private and common green areas because code does nof distinguish. Most of the space provided however, is common. Commissioner Karaki commended staff and the architect for a quality project. Chairman Eastman stated that there havebeen seVeral groups working together to achieve the final proposaL She is`in favor of the project. _ Commissioner Romero agreed with Chairman Eastman's statement. ' OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-day appeal rights for the Tentative Tract Map ending at 5:00 p.m. on Thursday, April 27, 2006; and presented #he 22-day appeal rights for the : ~ Conditional Use Permit ending at 5:00 p.m. on Tuesday, May 9, 2006. DISCUSSION TIME: 15 minutes (4:11-4:26) Marie ~itkay ~ Senior Secretary i Received and approved by the Planning Commission on ~ , 2006.