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Minutes-PC 2008/04/14 /O~ ~~ U ~ ~HEtn~ P cy~ f~, 0 z D moo' ~'L- Y~~ \\NDED~ Commissioners Present: Commissioners Absent City of Anaheim Planning Commission Minutes Monday, April 14, 2008 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Chairman: Kelly Buffa Peter Agarwal, Gail Eastman, Stephen Faessel, Joseph Karaki, Panky Romero, Pat Velasquez None Staff Present: CJ Amstrup, Planning Services Manager Mark Gordon, Assistant City Attorney Dave See, Senior Planner Ted White, Senior Planner • Scott Koehm, Associate Planner David Gottlieb, Redevelopment Manager David Kennedy, Associate Transportation Planner Jamie Lai, Principal Civil Engineer Roger Bennion, Code Enforcement Supervisor Donna Patino, Secretary Julie Hourani, Office Specialist II Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 2:00 p.m. on Thursday, April 10, 2008, inside the display case located in the foyer of the Council Chamber, and also in the outside display kiosk. Published: Anaheim Bulletin Newspaper on Thursday, April 3, 2008 • Call to Order • Preliminary Plan Review 1:30 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 14, 2008 AGENDA • Recess to Public Hearing • Reconvene to Public Hearing 2:30 P.M. Attendance: 8 • Pledge of Allegiance: Commissioner Eastman • Public Comments Consent Calendar • Public Hearing Items • Commission Updates: Commissioner Faessel Adjournment H:\TOOLS\Planning Commission Administration\PC Action Agendas - Minutes\2008 Minutes\2008 Minutes\AC041408.doc APRIL 14, 2008 PLANNING COMMISSION MINUTES • Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: None Consent Calendar: Commissioner Eastman offered a motion, seconded by Commissioner Faessel and MOTION CARRIED (Chairman Buffa abstained), for approval of Consent Calendar Item 1A as recommended by staff. UNANIMOUSLY APPROVED Reports and Recommendations None Minutes ~A. Receiving and approving the Minutes from the Planning Commission Meeting of March 31, 2008. (Motion) Consent Calendar Approval VOTE: 6-0 Chairman Buffa abstained as she was not present for the meeting. NOTE: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department. • 04/14/08 Page 2 of 10 APRIL 14, 2008 PLANNING COMMISSION MINUTES ITEM N0.2 CEQA CATEGORICAL EXEMPTION, CLASS 1 AND CONDITIONAL USE PERMIT NO. 2008-05306 ve~asquez Owner: Wilson Tri-Freeway, LLC 1630 South Sunkist Street, Suite A Anaheim, CA 92806 Applicant: Young J. Park 700 North Valley Street, Unit A Anaheim, CA 92801 Location: 700 North Valley Street, Unit A: Property is approximately 9 acres, having a frontage of 843 feet on the east side of Valley Street approximately 367 feet north of the centerline of Crescent Avenue. • Request to permit and retain a church. Scott Koehm, Associate Planner, presented the staff report. Chairman Buffa opened the public hearing. Resolution No. PC2008-45 VOTE: 7-0 Approved CEQA and CUP Project Planner: Scott Koehm skoehm@anaheim. net Young J. Park, the applicant, 700 North Valley Street, Unit A, Anaheim, 92801. Chairman Buffa asked the applicant if he had a chance to review the staff report and read the conditions. Young Park replied yes. Chairman Buffa asked if he was okay with all the conditions. Young Park replied yes. Commissioner Faessel stated that according to the Planning Commission Agenda Report there are 60 congregants of the church. He asked the applicant if this was correct. Mr. Park replied correct. ommissioner Faessel asked if the church was expecting growth in their congregation. r. Park stated that they still have opportunity to build up their congregation; however, they currently have a little less than 60 congregants at this point and time. 04/14/08 Page 3 of 10 APRIL 14, 2008 PLANNING COMMISSION MINUTES commissioner Faessel asked the a licant what his ex ectations would be if the conditions were pp P ideal and the church could get others to join their congregation. He wanted to know what they would expect to be their maximum amount of congregants. Mr. Park stated that they currently have a five year lease agreement and in the next few years they expect to have a little more than a hundred. Chairman Buffa asked if anyone was present to speak on this item; seeing none, she closed the public hearing. Commissioner Velasquez recommended a resolution to approve a Class 1, Categorical Exemption and Conditional Use Permit No. 2008-45306. Julie Hourani, Office Specialist II, announced that the resolution passed with 7 aye votes. OPPOSITION: None ~rk Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on uesday, May 6, 2008. DISCUSSION TIME: 5 minutes (2:32-2:37) • 04/14/08 Page 4 of 10 APRIL 14, 2008 PLANNING COMMISSION MINUTES ~EM N0.3 CEQA FINAL EIR FOR THE WEST ANAHEIM COMMERCIAL CORRIDORS REDEVELOPMENT PROJECT AND ADDENDUM AND MITIGATION MONITORING PLAN NO. 119 (PREVIOUSLY CERTIFIED), CUP2002-04603 (Tracking No. CUP2008-05308), AND Resolution No. PC2008-48 PCN2002-00008 (Tracking No. PCN2008-00041) veiasquez Resolution No. PC2008-47 Owner/: Anaheim Redevelopment Agency Applicant 201 South Anaheim Boulevard #1003 Approved CEQA, Addendum Anaheim, CA 92805 and MMP No. 119, CUP and PCN Location: 200 - 328 North Beach Boulevard and 2951 - 2961 West Lincoln Avenue VOTE: 7-0 (Westgate Shopping Center). This site consists of multiple properties with a combined area of approximately 25 acres, located north and east of the northeast corner of Beach Boulevard and Lincoln Avenue, having a frontage of 1,150 feet on the east side of Beach Boulevard and 490 feet on the north side of • Lincoln Avenue. Request to amend apreviously-approved conditional use permit to construct a commercial retail center of regional significance to include retail stores, full service restaurants with sale and consumption of alcoholic beverages for on-premises consumption, drive through restaurants, adrive-through pharmacy with the sale of alcoholic beverages for off-premises consumption, an amusement device arcade, and amulti-tenant food court with outdoor dining and the sale and consumption of alcoholic beverages, with waivers of minimum number of parking spaces and maximum fence height. PCN2002-00008 (Tracking No. PCN2008-00041) Request to permit the sale of alcoholic bevera es for off- remises consum tion within a 9 p P Project Planner.• Dave See proposed grocery store and pharmacy. dsee@ananefm.net Dave See, Senior Planner, presented the staff report. Chairman Buffa opened the public hearing. ~ther Wallace, Chairman of WAND, 604 Scott Lane, Anaheim, stated that WAND had a land use eeting to discuss these items. The community members understood from the Redevelopment Agency that the only item in front of the Planning Commission today would be the approval of the 04/14/08 Page 5 of 10 APRIL 14, 2008 PLANNING COMMISSION MINUTES ive-thru drug store. They wondered why the developer would place another drug store in that area. he original plan was to have Savon Drug Store in that area but now another drug store is replacing it. They had no objectives to the replacement of another drug store in that area. WAND members are concerned with other issues of the shopping center. The first concern would be that there are a limited number of parking spaces than required by Code. The other concern is with the amusement arcade the developer will add to the shopping center. The community of West Anaheim had problems with arcades before because of the nature of their neighborhood. Ms. Wallace thinks this arcade will be a problem as well. There is a similar amusement arcade establishment in Huntington Beach and on the weekend it is impossible to park close to the arcade because of all the cars already parked in that area. She wondered why the City would allow reduced parking. She wanted to know if the City considered the 13% crime rate in the area and in other areas near this vicinity. There are too many drive-thru restaurants in West Anaheim and the community wondered why the Redevelopment Agency would add more fast food establishments. The developer was supposed to add three full service restaurants within the shopping center and those restaurants were to be anywhere from 9,000 to 11, 500 square feet, which is now reduced to 5,400 square feet. The shopping center also was supposed to have two restaurants in the food court. There are many food courts with higher quality drive-thru restaurants and she is concerned with what would be placed in this food court. She wanted to know what happened to the idea of the shopping center having restaurants for adults. There are many facilities for the youth in the area including the library and the ~ger Woods Center. Many people of the community were looking forward to this shopping center to a center where adults could eat and have a good time. She hopes the Commission considers a few of her points. CJ Amstrup, Planning Services Manager, reminded Chairman Buffa that it is traditional to have the applicant present first. Chairman Buffa apologized and asked the applicant to come forward. David Gottlieb, Redevelopment Manager for the City of Anaheim, stated that he is here before the Planning Commission to request a conditional use permit for the pharmacy, close to the intersection of Beach Boulevard and Lincoln Avenue. The conditional use permit is to allow for off- premise consumption of alcohol beverages and a dual drive-thru lane at the facility. The site plan that he is showing today is a fully entitled approved site plan. The entitlement for this project was initially granted by the Planning Commission and verified by the City Council in 2002 and extended again in 2004 and then again in 2006. The reason why the Redevelopment Agency is here is that Mr. Brett Foy, the developer of Zelman Retail Partners, is here to show his interest on what happens today. There has been strong interest from a stand alone pharmacy, Longs drug store. Longs wanted to have off-premise consumption of alcohol beverages as part of their new site design for their building. They also wanted to have a dual drive thru lane; however, it is necessary to get a conditional use permit for those conditions based on the City Code. he previously mentioned, the Planning Commission has previously entitled this project through a certified EIR and an Addendum to the West Anaheim Commercial Corridors Environmental Impact Report which was complete through an EIR Addendum and Mitigation Monitoring Program No. 119. 04/14/08 Page 6 of 10 APRIL 14, 2008 PLANNING COMMISSION MINUTES addition to the actions by the Planning Commission and City Council there are specific actions that ave already been undertaken by the City Council. A Development Disposition Agreement has been authorized and signed by the Mayor and City Council which is based upon the previously approved site plan. Without the CUP required by Long's for the drug store, alcohol sales and dual drive thru, this project would be ready to have building permits. As the Redevelopment Agency through time revised the site plan some of the uses have gone up in space and some down. Lowe's has come up and down, and now it is back up again. When Ms. Wallace said that certain restaurants were posited at a certain size that was based on a conceptual site plan as is this site plan presented today. There are retail stores towards the south west corner of the site and that building has been increased from 9,000 square feet, as per the original site plan, up to 22,500 square feet in size. The building is envisioned to accommodate sit down as well as fast serve restaurants and other community oriented uses. Staff raised many different issues with regards to this site and the Redevelopment Agency would have to come back to the Planning Commission with final plans through the recommendation process. The Agency will refine the site plan so that they could move forward to get their leases signed on the shopping center. The Redevelopment Agency and the developer are here before the Commission to obtain the flexibility to move forward now that they have final approvals on the environmental documentation from all the environmental regulatory agencies. The Agency would be able to move forward with the ores to find lease negotiations to get leases executed. They could then start the grading of the site get the shopping center underway. He is available to answer any questions. Ronda Larsen, 206 S. Loma Linda Drive, Anaheim, 92804, stated that she went to the first meeting that the developer sponsored and was impressed with his design. However, since then she noticed changes from the original design. Lowe's hardware store and a grocery store were in the original design but other stores have been changed. She gave suggestions as to what kind of stores should be placed within the shopping center. She thinks that the community is losing out on culture and that the shopping center should be a family oriented business establishment. She thought the developer should provide an area were they could enclose an entertainment center where school kids, musicians, and dancers could perform. She thought by doing this they could possibly bring back culture to the neighborhood. She did not think they needed more fast food restaurants as there were already too many. She thought that the developer's goal should bring families together but by developing these types of fast food restaurants it would defeat the purpose. Vic Real, West Anaheim West District, 723 N. Cambria St., Anaheim, 92801, stated that he agreed with the previous speakers that spoke on behalf of this site. He represents the West Anaheim District and is speaking on behalf of his members of the West District Council. He thought that this project would bring problems to this corner that has been neglected for sixty years. The City has a CUP coming up to amend the existing action that was taken back in 2002. In 1996 the city started to improve this area and it has taken many years to come to this point today. He did not ant to see in and out sites where they would have the same fast food restaurants. The community ~eds quality establishments, class act sit down restaurants, where families could enjoy a meal. The community should not have to worry about drunks or people coming out of these fast food restaurants in a hurry to possibly run over someone. The business and professional code states that more 04/14/08 Page 7 of 10 APRIL 14, 2008 PLANNING COMMISSION MINUTES enses for liquor will burden the community with more police action. The community has an undo oncentration of liquor licenses in this district and what is happening in the City today is not what was happening in 2002 when this project was first discussed. This shopping center represented to the community a stepping stone to the 21St century in a quality environment where everyone could enjoy the site. He would like to see this CUP amended to reflect a certain degree of quality that the citizens and residents of West Anaheim need, want and demand. He has represented the City for 13 years and this is the first time he had to speak in regards to this site. He asked the Commission to consider the community's needs. Chairman Buffs asked if anyone was present to speak on the item; seeing none, she closed the public hearing. A general discussion took place regarding tenant mix and parking reduction. The applicant had a parking study prepared that showed the parking spaces required by Code would greatly exceed actual demand, and that based on this study, the proposed parking would adequately serve the project. With regards to tenant mix, the applicant thought there should be a balance between economic benefits and the benefits to the community and city. The shopping center is a center of regions! significance according to Code. The Redevelopment Agency works closely with the developer and is confident the design and tenant mix will benefit the community. The applicant gave a brief summary the tenant mix. Commissioner Velasquez asked staff how they determined that the liquor license was not detrimental to this neighborhood that is 13% above crime rate for the city average. Dave See stated that Planning Staff relied on the recommendation of the Police Department. The public was assured by the Commission that their comments would be taken into consideration. The Redevelopment Agency and the Developer will come back to the Planning Commission to submit the final site plan for further review. Commissioner Velasquez offered a resolution to approve a Previously Certified Final Environmental Impact Report as the appropriate environmental document and amendments to Conditional Use Permit No. 2002-04603 and Public Convenience or Necessity No. 2002-00008. Julie Hourani, Office Specialist II, announced that the resolution passed with 7 aye votes. OPPOSITION: A letter was received, prior to the meeting, in opposition to the subject request. C7 A person representing the West Anaheim Neighborhood Development Council (WAND) spoke with concerns pertaining to the number of parking spaces, 04/14/08 Page 8 of 10 APRIL 14, 2008 PLANNING COMMISSION MINUTES . amusement/arcade devices, crime rate, and amount of drive through restaurants in the project. IN GENERAL: Two people spoke with suggestions pertaining to the type of businesses that would be appropriate for the center, and photographs of another shopping center were submitted. Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, May 6, 2008. DISCUSSION TIME: 1 hour and 5 minutes (2:38-3:43) s • MOTION: Commissioner Faessel offered a motion, seconded by Chairman Buffa and MOTION CARRIED, to agendize a discussion for the April 28, 2008, Planning Commission Agenda under Preliminary Plan Review regarding the study conducted by staff pertaining to compensation for Planning Commissioners in other local cities, in order to re-visit the matter and evaluate the compensation of the Anaheim Planning Commission. 04/14/08 Page 9 of 10 APRIL 14, 2008 PLANNING COMMISSION MINUTES • MEETING ADJOURNED AT 3:45 P.M. TO MONDAY, APRIL 28, 2008 AT 1:00 P.M. FOR PRELIMINARY PLAN REVIEW Respectfu ly submitted: T Jul a Hourani, .Office Specialist Received and approved by the Planning Commission on A~a.i L 2 S , 2008. • 04/14/08 Page 10 of 10