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Minutes-PC 2007/01/08P~PxEiM ~~~ C:ity of Anaheim: ~ f 04 ~ Planning Commission Minutes V Y • ~~o~ Monday, January 8, 2007 e, Council Chamber, City Hall ~~~1V ~~'~~ 200 Sotath Anaheim Boulevard, Anaheim, California DED CHAIRMAN: GAIL EASTMAN Commissioners Present: KELLY BUFFA, STEPHEN FAESSEL, JOSEPH KARAKI, PANKY ROMERO, PAT VELASQUEZ Commissioners Absent: CECILIA FLORES Staff Present: Mark Gordon, Assistant City Attorney Greg McCafferty, Principal Planner. Jamie Lai, Principal Civil Engineer Judy Dadant, Senior Planner Scott Koehm, Associate.Planner Kimberly Wong, Assistant Planner John Ramirez, Associate Planner Jessica Nixon, Assistant Planner Della Herrick, Associateplanner Sergio Ramirez, Project Manager I Elly Morris, Senior Secretary Timor Rafiq, Rafiq & Associates • Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 12:00 p.m. on Friday, January 5, 2007, inside the display case1ocated in the foyer of the Council Chambers, and- . also in the outside display kiosk. Published: Anaheim Bulletin Newspaper on Thursday, December 14, 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 JANUARY 8, 2007 AGENDA • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:30 P.M. Attendance: 30 For record keepincL urposes if you wish to make a statement regarding any item on the agenda 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 • • Adjourlnment You may leave a message for the Planning .Commission using the following e-mail address: planningcommissionC~~anaheim.net H:\TOOLS\PCADM I N\PCM I N IACT\2007M I N UTE S\AC010807. DOC JANUARY 8, 2007 PLANNING COMMISSION MINUTES • Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: None This is ah 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 Buffa offered a motion, seconded by Commissioner Velasquez and MOTION CARRIED (Commissioner Flores absent), for approval of Consent Calendar Items 1-A through 1-F as recommended by staff. UNANIMOUSLY APPROVED Reports and Recommendations 1A.(a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) • (b) VARIANCE N0. 2005-04653 (Tracking No. VAR2006-04704) Agent: Alan Nguyen, 15401 Firmona Avenue, Lawndale, CA 90260 Location: 1380 and 1400 East Burton Street: Property is approximately .8-acre consisting of two properties, located 155 feet on the south side of the terminus of Burton Street. Request for a retroactive time extension to comply with conditions of approval for apreviously-approved 4-lot, 4-unit detached single-family subdivision with waiver of minimum lot width and minimum lot area. • .Approved Approved retroactive extension of time for 1 year... (to expire on October 3, 2007) Consent Calendar Approval VOTE: 6-0 Commissioner Flores absent Project Planner.• (jnixon@anaheim. net) 01-08-07 Page 2 JANUARY 8, 2007 PLANNING COMMISSION MINUTES • 1B.(a) CEQA ENVIRONMENTAL IMPACT REPORT NO. 323 Approved (PREVIOUSLY-CERTIFIED) (b) CONDITIONAL USE PERMIT N0.4171 Approved request for (Tracking No. CUP2006-05143) determination of substantial conformance and review of Agent: Erinn O'Day, Robertson Properties Group, 120 North final plans. Robertson Boulevard, Los Angeles, CA 90048-3102 Location: 1500 North Lemon Street: Property. is approximately 27 Consent Calendar Approval acres, located at the southeast corner of Lemon Street and VOTE: 6-0 Durst Street (La Curacao). Commissioner Flores absent Request to determine substantial conformance with previously- . approved site and elevation plans and review final landscape plans for a previously-approved commercial retail center of regional FroJect wanner.• Significance.. (jpramirez@anaheim.net) • • 01-08-07 Page 3 JANUARY 8, 2007 PLANNING COMMISSION MINUTES • ~n 1C. Receiving and approving the Minutes from the Planning Commission Approved, with modifications Meeting of October 30,2006. (Motion) Continued from the November 13, 27, and December 11, 2006, Planning Consent Calendar Approval Commission meetings. .VOTE: 6-0 , Commissioner Flores absent 1 D. Receiving and approving the Minutes from the Planning Commissioh ' Approved Meeting ofNovember 13, 2006. (Motion), Continued from the November 27, 2006, and December 11, 2006, Planning Consent Calendar Approval Commission meetings. VOTE: 6-0 Commissioner Flores absent 1E. Receiving and approving the Minutes from the Planning Commission Approved, with modifications • Meeting of November 27, 2006 (Motion) Continued from the December 11, 2006, Planning Commission meeting. Consent Calendar Approval VOTE: 6-0 Commissioner Flores absent 1 F. Receiving and approving the Minutes from the Planning Commission Meeting of December 11, 2006. (Motion) Approved, with modifications Consent Calendar Approval VOTE: 6-0 Commissioner Flores absent • 01-08-07 Page 4 .JANUARY 8, 2007 PLANNING COMMISSION MINUTES • Public Hearing .Items: 2a. CEQA CATEGORICAL EXEMPTION -CLASS 1 KarakUVelasquez 2b. CONDITIONAL USE PERMIT N0.2006-05141 Karaki Owner: Byzantine Catholic Bishop, 995 North West Street, Anaheim, CA 92801-4305 :Agent: John Austin, Trillium Consulting, 5912 Bolsa Avenue, Suite 202, Huntington Beach, CA 92649 Location: 995 North West Street: Property is approximately 2:5 acres, having frontages of 222 feet on the west side of West Street and is located approximately 597 feet south of the centerline of La Palma Avenue. Request to permit a stealth building-mounted telecommunications facility and accessory ground-mounted equipment in conjunction with an existing church facility. Continued from the October 16, November 13, and December 11, 2006, Planning Commission meetings. Conditional Use Permit Resolution No. PC2007-1 • Concurred with staff Granted Added a condition of approval VOTE: 5-1 Commissioner Romero voted no and Commissioner Flores absent Project Planner. (kwong2@anaheim.net) Chairman Eastman opened the public hearing. Kimberly Wong, Assistant Planner, introduced this item. Applicant's Statement: John Austin, applicant, present to answer any questions. Marc Brown, Annunciation Byzantine Catholic Church, spoke in support of the project and asked for approval of the project. He explained that the building can't really be seen from the streets and a change in elevations shouldn't have any visual effect. Chairman Eastman asked for clarification on the total height once the addition was made. Mr. Brown advised it is 5 additional feet for a total of 37 feet high. Commissioner Faessel asked for dimensions from the parapet wall to the outer property lines. Greg McCafferty, Principal Planner, explained that a few months ago Commission approved a code amendment allowing telecommunication facilities on a residentially zoned lot, not used for residential purposes neighborhood along arterial roads, to petition the Planning Commission to approve these facilities. THE PUBLIC HEARING WAS CLOSED. • Commissioner Velasquez asked staff what they think it should look like and what are they looking for in order to recommend the project. 01-08-07 ' Page 5 JANUARY 8, 2007 PLANNING COMMISSION MINUTES • Mr: McCafferty advised they want it to be proportional to the overall scale of the building.. Presently, the design doesn't meet the goals for being as invisible as possible. Because theproject is in a residential area, staff wants to take extra care to assure the structure is completely blended into the architecture. Commissioner Faessel asked staff if Commission would have approved a 5-foot parapet instead of a 2-foot when the church was originally built. Mr. McCafferty advised it would have been if it was proportional to the entire architectural package. Commissioner Karaki advised he disagreed with staff and doesn't think an additional 5 feet on the parapet will make a difference. Commissioner Buffa feels the roof mounted facility is out of proportion with the building and feels it is way over decorated which brings attention to it, and it is visible to the homes to the south. She wouldn't have as much of a problem with it if it weren't so decorated. Commissioner Karaki feels that the addition would help shield the equipment that is currently visible. He wants to add a condition stating that the applicant should come back and work with staff on the design. Judy Dadant, Senior Planner clarified#hat the Commission wants the applicant to make simplified design of parapet to the satisfaction of staff. Chairman Eastman stated she agrees with Commissioner Buffa that the design is too busy: OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, January 30, 2007. DISCUSSION TIME: 39 minutes (2:42-3:21) • 01-08-07 Page 6 JANUARY 8, 2007 PLANNING COMMISSION MINUTES 3a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 331. Faessel/Romero ,LPREVIOUSLY CERTIFIED) AND MITIGATION_ MONITORING PLAN NO. 137B* 3b. AMENDMENT NO. 3 TO THE MOUNTAIN PARK Faessel SPECIFIC PLAN NO. 90-4 (TRACKING NO. SPN 2006-00046) 3c. DEVELOPMENT AREA PLAN FOR DEVELOPMENT FaesseURomero AREAS 4 AND 6 (TRACKING NO. MIS2006-00171) 3d. FINAL SITE PLAN NO. 2006-00010 Faessel/Romero 3e. TENTATIVE TRACT MAP NO. 17020 Faessel/Itomero 3f. SPECIMEN TREE REMOVAL N0.2006-00003. FaesseURomero * Advertised as Mitigation Monitoring Plan No, 137a Owner: Irvine Land Company, 550 Newport Center Drive, Newport Beach, CA 92660. Agent: Irvine Community Development Company, Attention: John Sherwood, 550 Newport Center Drive, Newport Beach, CA 92660 • Location: .Property consists of an approximately 168-acre portion of the Mountain Park. Specific Plan No. 90-4 area located southwest of the southern terminus of Gypsum Canyon Road, generally bordered on the west by the Eastern Transportation Corridor (SR-241) and on the north by the Riverside Freeway (SR-91). Specific Plan Amendment No. 2006-00046 - To amend the Mountain Park Specific Plan to replace a 4-way roundabout intersection at Mountain Park Drive and Gypsum Canyon Road with a 3-way stop (Mountain Park Specific Plan, Amendment No.3). Miscellaneous Permit No. 2006-00171. -Review and approval of a Development Area Plan for Development Areas 4 and 6 of the Mountain Park Specific Plan. Final Site Plan No. 2006-00010 -Review and approval of a final site plan for Development Areas 4 and 6 of the Mountain Park Specific Plan. Tentative Tract Map No. 17020 - To establish a 153 numbered and 31 ** lettered lot residential subdivision encompassing 145 single-family detached residential lots, 3 Large-Lots to allow a maximum of 275 single- familydetached*** residential units for financing or conveyance purposes only, a private recreation facility, private neighborhood park, private entry structure, a public fire station, a trail staging area with a convenience store, open space lots and public and private streets. Recommended City Council Approval Recommended City Council Approval Approved Approved Approved Approved VOTE: 5-0 Commissioner Karaki abstained and Commissioner Flores absent 01-08-07 Page 7 .:JANUARY 8, 2007 PLANNING COMMISSION MINUTES Specimen Tree Removal PermitNo. 2006-00003 -Review and approval of a master specimen tree removal permif 1:o remove up to 700 trees. These trees would be replaced at a 20:1 ratio in Development Areas 4, 5, and 6 of the Mountain Park Specific Plan.. '"* Advertised as "29" **'" Advertised as "attached" Continued from the December 11, 2006, Planning ,Commission meeting.' S ecific Plan Amendment Resolution No. PC2007-2 ProJectP~anner.• p (skoehm@anaheim.net) • • Chairman Eastman opened the public hearing. Commissioner Karaki abstained on this item since he lives in close proximity to the subject project... Scoft Koehm, Associate Planner, introduced this item for Amendments to the Mountain Park Development Areas 4, 5 and 6 of the Mountain Park Specific Plan.. Applicant's Statement: Bryan Austin, applicant, gave a visual overview of the project. THE PUBLIC HEARING WAS CLOSED. Commissioner Romero stated he agreed with revised roundabout. Commissioner Buffa commented it was a good project and that she is looking forward to the development. 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, January 18, 2007; and presented the 22-day appeal rights for the balance of the items ending at 5:00 p.m. on Tuesday, January 30, 2007. DISCUSSION TIME: 18 minutes (3:22-3:40) 01-08-07 Page 8 .JANUARY 8, 2007 PLANNING COMMISSION MINUTES • 4a. ADDENDUM TO ENVIRONMENTAL IMPACT. Karaki/Velasquez Approved REPORT NO: 330 (PREVIOUSLY-APPROVED) 4b. CONDITIONAL USE PERMIT N0.2006-05092 Karaki Approved amendment (TRACKING:NO. CUP2006-05176) 4c. FINAL ELEVATION PLAN REVIEW Karaki/Velasquez Approved final elevation (TRACKING NO. CUP2006-05178) plans, with stipulations 'made pertaining to the Owner: Robert H. Horn Trust, 935 Lotus Circle, San Dimas, CA elevation renderings. 91773 Agent: 'Scott Richards,SADI LLC, 5939 Monterey Road, Los Angeles, CA 90042 ['. Location:.` 111-125 West Elm Street: Property is approximately 0.76- acre,having afrontage of 210 feet on the north side of Elm Street and is located 167 feet west of the centerline of Anaheim Boulevard. Request to modify the "affordability" component, add a third incentive, and amend/delete conditions of approval pertaining to an affordability agreement and sewer improvements between the applicant and the City, fora previously-approved 52-unit affordable apartment complex with a density bonus and incentives for (a) minimum lot size, (b) minimum width of pedestrian accessways*, and (c) required dedication and improvement. Request to review final elevation plans for apreviously-approved, 52-unit, affordable apartment complex with density bonus and incentives. * Added incentive. Conditional Use Permit Resolution No. PC2007-3 • Chairman Eastman opened the public hearing. VOTE: 6-0 Commissioner Flores absent Project Planner. Qpramirez@anaheim. net) John Ramirez, Associate Planner, introduced the item for a request to modify the "affordability" component, add a third incentive, and amend/delete conditions of approval pertaining to an affordability agreement and sewer improvements between the applicant and the City, for apreviously-approved 52- unit affordable apartment complex with a density bonus and incentives for (a) minimum lot size, (b) minimum width of pedestrian accessways, and (c) required dedication and improvement. The request also included review of final elevation plans. Applicant's Statement: Gary Squier, developer, was present to answer any questions. THE PUBLIC HEARING WAS CLOSED. Commissioner Karaki asked Mr. Squier, why he drastically changed the original elevations and can't he just modify the original elevations. Mr. Squier stated there were no substantial changes. The original design had many different styles of architecture that were very busy so they just brought it down to a simpler building. Changes were not due to cost savings, but recommendations from members of the community. 01-08-07 Page 9 JANUARY 8, 2007 PLANNING COMMISSION MINUTES Commissioner Karaki said the original elevations were approved and Commission likes to keep the • original approved elevations without so many changes. Chairman Eastman stated she agreed with Commissioner Karaki. She stated she understood that they previously approved a concept rather#han realistic drawings. The new drawings. show a new longer roof line with a solid the roof. The original elevation had a more interesting look with a smaller percentage of tile. Mr. Squier•, Chairman Eastman and Commissioner Karaki discussed the roof materials and roof line. Commissioner Buffa didn't agree with the neighborhood comments and wanted to state for the record that they are an advisory body to the Commission and their input is generally enormously helpful, but in this situation they went toofiar: She'd like to see more than one color on the building and she'd like to see at least two. architectural styles on the project. Commissioner Faessel and Public Works staff briefly discussed how much the City and developer are paying for sewer improvements. Commissioner Velasquez and Mr. Squier discussed payback of the $3.75 million loan from the City, tax credits, low income density bonus and incentives in building the project. She wanted to make sure that. the lender was acceptable with 100% affordable housing. Mark Gordon, Assistant City Attorney, stated he didn't feel the City had a great deal of exposure or chance of loss on this project. Mr. Ramirez confirmed approval of the project with stipulations that the elevations be returned to the original rendering as previously submitted, with specific attention to the roof line, using more than one color on the building, maintaining the combination of roof and architectural styles,: and eliminating the Romanesque columns on certain balcony areas of the building. OPPOSITION: An a-mail was received expressing concerns of the subject request. Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, January 30, 2007. DISCUSSION TIME: 40 minutes (3:41-4:21) • 01-08-07 Page 10 JANUARY 8, 2007 PLANNING COMMISSION MINUTES 5a. CEQA CATEGORICAL EXEMPTION -CLASS 1 Buffa/Faesset Concurred with staff 5b. DETERMINATION`OF PUBLIC CONVENIENCE.. Buffa Approved OR NECESSITY N0.2006-00030 Modified Condition Nos. 2, ..Owner: Target Corporation, 1000 Nicolett Mall. TPN-0910, 6 and 9 Minneapolis, MN 55403 VOTE: 6-0 Agent: Beth Aboulafia, Hinman & Carmichael, LLP, 260 California Commissioner Flores absent Street, Suite T001, San Francisco, CA 941.11 Location: 8148 East Santa Ana Canyon Road: Property is an irregularly-shaped parcel of land consisting of approximately 9.48 acres located at the northwest corner of .Roosevelt Road and- Monte Vista Road (The Anaheim. Hills Festival Center -Target). Request for Determination of Public Convenience or Necessity to permit sales of beer and wine for off-premises consumption within an existing retail store. Project Planner. Public Convenience or Necessity Resolution No. PC2007-4 (jnixon@anaheim.net) Chairman Eastman opened the public hearing. Jessica Nixon, Assistant Planner, introduced this item and stated staff recommends approval based on a review of the proposed request, the submitted information from the Police: Department, and the recommended conditions of approval Applicant's Statement: Beth Aboulafia, applicant, asked that the conditions be modified to change the hours from 6:00 am to 11:00 pm to accommodate the extended holiday hours. She asked that Condition No. 6 be changed from not less than a 6 pack to a 4 pack to accommodate beer and malt liquor that are sold in manufactured, pre-packaged, multi-unit 4 packs. Also requested modification of Condition No. 9 to accommodate an under 18 salesperson selling alcohol in the presence of a supervisor 21 years of age or older. Commissioner Faessel asked applicant to turn the 3-5% of gross sales into real dollars. Ms. Aboulafia advised she didn't have that figure and that realistically it will probably be much less than 3% of gross sales. Commissioner Karaki asked why afamily-oriented store wants to sell beer and wine. Ms. Aboulafia explained the trend in large retailers is to offer customers more services and products all in one location. It is not a destination spot to buy beer and wine, but rather a convenience to purchase it while they are there buying other items. Commissioner Romero stated for the record that he was appalled to know the area had an 81 % crime rate above City average. Also, as a customer of that particular Target store, there are a lot ofyoung clerks that work there and he wants to know how Condition No. 9 is going to be enforced or monitored. . Ms. Aboulafia stated it is not unusual for the higher crime rates to be in the commercial areas. The police have stated that'even with the crime rate, they don't think it would be a detriment to the community or .pose any problems. 01-08-07 Page 11 JANUARY 8, 2007 PLANNING,COMMISSION MINUTES Commissioner Velazquez referred to Conditiori No. 6 and suggested changing wording so that nothing is sold in less than a 4-pack: THE PUBLIC HEARING WAS CLOSED. OPPOSITION: ,None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, January 30, 2007. DISCUSSION TIME: 16 minutes. (4:22-4:38) • • JANUARY 8, 2007 PLANNING COMMISSION MINUTES 6a. CEQA NEGATIVE DECLARATION 6b.' WAIVER OF CODE REQUIREMENT 6c. CONDITIONAL USE PERMIT NO.2006-05164 Owner: ' - '.508 North East Street, LLC, 508 North East Street, Anaheim, CA 92807 Agent: Greg Howell, 20561 Suburbia Lane, Huntington Beach, CA 92646 Location: 508 North East Street: Property is approximately 1.15 acres and is located at the northeast corner of Sycamore Street and East Street (La Reina Market). Request to permit the expansion of an existing legal non-conforming market with sales of beer and wine for off-premises consumption and to establish land. use conformity for an existing legally non-conforming commercial retail center with waiver of minimum number. of parking spaces. Conditional Use Permit Resolution No. Continued to Febrnary 5, 2007 Motion: Baffa/Velasquez VOTE: 6-0 Commissioner Flores absent Project Plannee (kwong2@anaheim.net) Chairman Eastman opened the public hearing. Kimberly Wong, Assistant Planner, introduced this item and stated staff is recommending approval of this project because it would be compatible with the underlying zone and will bring the retail center in greater conformity with current code and land use requirements. The recommended conditions of approval would. ensure proper maintenance, sanitation, landscaping and screening of roof-mounted equipment. Applicant's Statement: Greg Howell, applicant, agrees with the conditions or approval, and stated the market has someone there who is always ready to take calls from people who have concerns. He clarified this is not a new ABC license and there will be further restrictions on the current one to limit single serving containers. The expansion will allow service areas in the store to be more open allowing staff to service people easier, so there should be no reason for additional staff. Traffic study showed a consistent level of traffic and due to the increase in size of the market, they will be able to receive larger deliveries, thus cutting down on the actual number of deliveries. Public Testimony: Lois Heyne, 1240 Glenwood Avenue, Anaheim, has lived in the neighborhood for 57 years, presented a petition signed by 36 neighbors who are in opposition due to parking issues, and presented pictures of market employee cars that park on her street every day. She asked that the window that overlooks the neighbor's property in the second story be eliminated. Michelle Grondie, 601 N. East Street, Anaheim, has lived on East Street for over 27 years. Discussed accident frequency, and how she had to spend money to build a fence due to the drinking that goes on in the alley behind her home. 01-08-07 Page 13 JANUARY 8, 2007 PLANNING COMMISSION MINUTES Applicant's Rebuttal.: Mr. Howell stated the conditions imposed on the market will make it a more restrictive operation but can't solve problems in the alleys; it needs to be a community effort, not just business owners. Second story will be for office clerical work and storage of records. THE PUBLIC HEARING WAS CLOSED: Commissioner Romero stated Commission didn't receive a police report on this item. -Judy Dadant, Senior Planner, stated it was not provided o staff because it was not required as they already have a license and they are just expanding'the market. Chairman Eastman asked if applicant would be willing to replace window with. a skylight and he agreed. She suggested they upgrade their signage too: She is also concerned about the parking and isn't comfortable with granting the parking variance. Commissioner Velazquez stated she is also concerned about parking. Commissioner Faessel concurred with Chairman Eastman and Commissioner Velazquez. Commissioner Buffa suggested a continuance in order to get police reports on accidents in the neighborhood and to do a study to see how much parking is left if the employees park"in the parking lot instead of the neighborhood, as employees parking in neighborhood skews the traffic study. Commissioners concurred with a continuance.' Timor Rafiq, Rafiq & Associates, City Traffic Consultant clarified they did a parking study, not a traffic study. They looked at available on-site spaces and utilization of those spaces. They were unaware of neighborhood concerns and did not look at parking on the street. He explained how they conducted their study. They could redo the study to take neighborhood parking into account. Further discussion took place over which day of the week the parking study should be done. Mr. Howell advised he would like to speak with the applicant, they may not want to add the square footage for the office if the study is too costly. Commissioner Faessel advised the community to contact the market to let them know there is a problem and maybe they can work it out. OPPOSITION: A person spoke in opposition to the subject request and submitted a petition with 36 signatures in opposition. A person spoke in opposition related to the request and included she is submitting a letter in opposition from a neighbor who was unable to attend today's meeting. DISCUSSION TIME: 40 minutes (4:39-5:19) • 01-08-07 Page 14 JANUARY 8,2007 PLANNING COMMISSION MINUTES • 7a. CEQA NEGATIVE DECLARATION Buffa/Faessel Approved. 7b. DETERMINATION OF PUBLIC CONVENIENCE Buffa `Approved OR NECESSITY NO.2006-00031 Owner: Lincoln & Euclid LLC, 255 South Euclid Street, Anaheim, CA 92802 215 South Euclid Street, LLC, 215 South Euclid Street, Anaheim, CA 92802 Agent: Doug Couper, Greenberg Farrow Architecture, 1920 Main Street, # 1150, Irvine, CA 92614 Location: 101-215 South Euclid Street and 1732 West Lincoln 'Avenue: Property is approximately 10.4 acres, having a frontage of 740feet on the west side of Euclid Street; .and is located 65 feet south of the centerline of Lincoln Avenue (Target). Request Determination of Public Convenience or Necessity to permit sales of beer. and wine for off-premises consumption within a proposed grocery and retail store. Public Convenience or Necessity Resolution No. PC2007-5 • • Chairman Eastman opened the public hearing. Modified Condition Nos. 2, 6and9 VOTE: 6-0 Commissioner Flores absent Project Planner.. (kwong2@anaheim.net) ' Kimberly Wong, Assistant Planner, introduced this item and stated staff recommends a condition of approval prohibiting advertising of beer and wine. Although the retail store is located in a reporting district with an above-average crime rate and an over concentration, there are no similar retail stores immediately adjacent to property and the availability within the retail store. would provide a public convenience, therefore staff and the Police Department recommend approval for this request. Applicant's Statement: Doug Couper, applicant, stated he is in agreement with conditions of approval except for the same condition modifications as discussed earlier for Item No. 5 on today's agenda, regarding store hours, changing 6 pack to 4 pack, and Condition No. 9 to change the word approval to presence of store supervisor. THE PUBLIC HEARING WAS CLOSED. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, January 30, 2007. DISCUSSION TIME: 5 minutes (5:20-5:25) 01-08-07 Page 15 JANUARY 8, 2007 PLANNING COMMISSION MINUTES. 8a. CEQA NEGATIVE DECLARATION (READVERTISED) Buffa/Faessel 8b. RECLASSIFICATION NO. 2006-00180 Buffa 8c. WAIVER OF CODE REQUIREMENT BuffalFaessel 8d CONDITIONAL USE PERMIT N0: 2006-05160 Buffa 8e: TENTATIVE PARCEL MAP NOr 2005-226 Buffa/Faessel Owner: Lien M. Hoang, 9938 Bolsa Avenue,.#221, Westminster, CA 92683 Agent: Duc Nguyen, MVI, Corporation, 11770 East Warner Avenue, #216, Fountain Valley, CA 92708 Location: 606 East Orangewood Avenue: Property is approximately 0.33-acre, having a frontage of 85 feeton the south side of Orangewood Avenue and is located 170 feet west of the centerline of Spinnaker Street. Reclassification No. 2006-00180 -Request reclassification of the subject property from the T (Transition) zone to the RS=4 (Single-Family Residential) zone, or a less intense zone. • Conditional Use Permit No. 2006-05160 -Request to construct 3 single family homes in the RS-4 zone, fronting on a private access easement with waivers of (a) minimum lot depth abutting an arterial highway and (b) lot frontage on a public or private street. Tentative Parcel Map No. 2005-226 - To establish a 3-lot, 3-unit detached single family residential subdivision. Reclassification Resolution No. PC2007-6 Conditional Use Permit Resolution No. PC2007-7 Chairman Eastman opened the public hearing. Jessica Nixon, Assistant Planner, introduced this item. Applicant's Statement: Duc Nguyen, applicant, gave a brief description of the project. THE PUBLIC HEARING WAS CLOSED. .Approved Granted .Approved Granted Approved CUP Modified Condition Nos. 5 and 8 Deleted Condition Nos. 9 and 10 TPM Modified Condition No. 8 VOTE: 6-0 Commissioner Flores absent Project Planner.• (jnixon@anaheim. net) Commissioner Buffa asked about the second floor setback, Mr. Nguyen stated first is 10 feet and second floor is 15 feet. Commissioner Buffa stated she cannot support the storage doors facing Orangewood Avenue. Commissioners and Mr. Nguyen discussed dimensions of the family room, home is approximately 2,700 square feet. 01-08-07 Page 16 JANUARY 8, 2007 PLANNING COMMISSION MINUTES 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 Thursday, January 18, 2007; and presented the 22-day appeal rights for he Reclassification and Conditional Use Permit ending at S:OO p.m. on Tuesday, January 30, 2007. DISCUSSION TIME: 23 minutes (5:26-5:49) • • 01-08-07 Page 17 JANUARY 8, 2007 PLANNING COMMISSION MINUTES 9a. CEQA CATEGORICAL EXEMPTION -CLASS 3 RomeroBuffa 9b. CONDITIONAL USE PERMIT N0.2006-05170 `Romero Owner: Home Depot USA, Inc., 3800 West Chapman Avenue, Orange, CA 92868 Agent: Fletcher Wimbush, 431 Fair Drive,.#.1203, Costa Mesa, CA .92626 Location: 800 North Brookhurst Street: Property is approximately 9.6 acres and is located at the northeast corner of .Gramercy Avenue and Brookhurst Street (Home Depot/Kelly's Deli). Request to permit awalk-up restaurant in conjunction with a home improvement store. Conditional Use Permit Resolution No. PC2007-8 • • Concurred with staff Granted VOTE: 6-0 Commissioner Flores absent Project Planner.• Qnixon@anaheim.net) Chairman Eastman opened the public hearing. Jessica Nixon, Assistant Planner, introduced this item and stated staff recommends approval as it would serve as a convenience for customers at the store. Applicant's Statement: Fletcher Wimbush, applicant, is present to answer questions. He explained they are not owned by Home Depot and can offer. quality healthier food than a McDonald's or a hot dog cart. THE PUBLIC HEARING WAS CLOSED. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, January 30, 2007. DISCUSSION TIME: 5 minutes (5:50-5:55) A 5-minute break was taken (5:55-6:00) 01-08-07 Page 18 JANUARY 8, 2007 PLANNING COMMISSION MINUTES 10a. CEQA CATEGORICAL EXEMPTION -CLASS 3 FaesseWelasquez . 10b. WAIVER OF CODE REQUIREMENT 1+aesseWelasquez 10c. ' CONDITIONAL USE PERMIT N0.2006-05167 Faessel Owner: Anaheim Christian Reformed Church, 530 North Dale ~ Avenue, Anaheim, CA 92801-4819 Agent: Dick Van Eck, Anaheim, Christian Reformed Church; 3520 East Miraloma Avenue, Anaheim, CA 92806 Location: 530 North Dale Avenue: Property is approximately 1.94 acres, and is located at the southeast corner of Crescent Avenue and Dale Avenue (Anaheim Christian Reformed Church). Request to expand an existing church to permit a classroom"addition with waivers of (a) minimtam structural setback and (b) required dedication and improvement of right-of-way. Conditional Use Permit Resolution No. PC2007-9 • Concurred with staff Approved, in part Granted WAWA_hRS Approved waiver (a), and denied waiver (b) since it has. been deleted. CUP Deleted Condition Nos. 4 and 11 VOTE: b-0 Commissioner Flores absent Project Planner. (dherrickQanaheim.nety Chairman Eastman opened the public hearing. Della Herrick, Associate Planner, introduced this item and stated staff recommends approval of this request with deletion of Condition Nos. 4 and 11. Applicant's Statement: Dick Van Eck, applicant, agrees with staff's proposal and is present to answer any questions. THE PUBLIC HEARING WAS CLOSED. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, January 30, 2007. DISCUSSION TIME: 5 minutes (6:01-6:06) 01-08-07 Page 19 JANUARY 8,.2007 PLANNING COMMISSION MINUTES 11. a. CEQA CATEGORICAL EXEMPTION -CLASS 3 Velasquez/Buffa 11b. CONDITIONAL USE PERMIT N0, 2006-05171 Velasquez (READVERTISED) - Owner: Karl Sator Tr., 900 East Katella Avenue, Suite J, Orange, CA 92867-5035 Agent: Mark Torreso, 10807 Rincon Drive, Whittier, CA 90606 Location: 3152 East La Palma Avenue. Unit H: Property is approximately 11.5 acres, having a frontage of 450 feet on the south side of La Palma Avenue and is located 445 feet.. east of the centerline of KraemerBoulevard. Request to retain a theater and dance studio.. Concurred with staff Granted VOTE: 6-0 Commissioner Flores absent Conditional Use Permit Resolution No. PC2007-10 ProjectPlanner.• (dherrick@anaheim. neE) • • Chairman Eastman opened the public hearing. Della Herrick, Associate Planner, introduced this item and stated staff recommends approval of the request. Applicant's Statement: Mark Torreso, applicant, agrees with staff's recommendations and is present to answer any questions. THE PUBLIC HEARING WAS CLOSED. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, January 30, 2007. DISCUSSION TIME: 3 minutes (6:07-6:10) 01-08-07 Page 20 JANUARY 8, 2007 PLANNING COMMISSION MINUTES • MEETING ADJOURNED AT 6:15 P.M. TO MONDAY, JANUARY 22, 2007 AT 1:30 P.M. FOR PRELIMINARY PLAN REVIEW Respectfully submitted: Simonne Fannin Senior Office Specialist Received and approved by the Planning Commission on Nara{,rJ , 2007. • L 01-08-07 Page 21