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Minutes-PC 2008/05/28/~ ~P~lE1M P c~ _ <•~ 0 z \NDED~ Commissioners Present: Commissioners Absent: Staff Present: CJ Amstrup, Planning Services Manager Linda Johnson, Principal Planner Mark Gordon, Assistant City Attorney Kimberly Wong, Planner Jamie Lai, Principal Civil Engineer Grace Medina, Senior Secretary Donna Patino, Secretary Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 2:00 p.m. on Thursday, May 22, 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, May 15, 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 MAY 28, 2008 AGENDA • Recess to Public Hearing • Reconvene to Public Hearing 2:30 P.M. Attendance: 22 • Pledge of Allegiance: Commissioner Faessel • Public Comments • Consent Calendar • Public Hearing Items • Adjournment City of Anaheim Planning Commission Minutes Wednesday, May 28, 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 H:\TOOLS\PC Action Agendas -Minutes\2008 Minutes\2008 Minutes\AC052808.doc MAY 28, 2008 PLANNING COMMISSION MINUTES Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: None Consent Calendar: Commissioner Velasquez offered a motion, seconded by Commissioner Faessel and MOTION CARRIED, for approval of Consent Calendar Item 1 A through 1 D as recommended by staff. UNANIMOUSLY APPROVED Reports and Recommendations: ITEM NO. 1A CEQA PREVIOUSLY-CERTIFIED ENVIRONMENTAL Consent Calendar Approval IMPACT REPORT NO. 330 AND ADDENDUM AND CONDITIONAL USE PERMIT NO. 2006-05076 TRACKING NO. CUP2008-05313) Motion: Velasquez/Faessel Applicant: Abel Avalos Anaheim Redevelopment Agency VOTE: 6-0 201 South Anaheim Boulevard Commissioner Eastman absent Anaheim, CA 92805 Location: 516 East Santa Ana Street: Property is Project Planner.• a roximatel 12.6 acres, havin a fronts a of 685 feet on the PP Y 9 9 Elaine Thienprasiddhi ethien@anaheim.net south side of Santa Ana Street and 785 feet on the east side of Olive Street. Requests a retroactive two-year extension of time to comply with conditions of approval for apreviously-approved 135-unit condominium project with waiver of required improvement of the right-of-way. 05/28/08 Page 2 of 17 MAY 28, 2008 PLANNING COMMISSION MINUTES ITEM NO. 1 B REQUEST TO TERMINATE THE FOLLOWING INACTIVE Resolution No. PC2008-63 ENTITLEMENTS: velasquez CONDITIONAL USE PERMIT NOS. 200, 630, 1153, Approved 1219, 1489, 1861, 2331, 2802, 2981, 3135, 3408, 3424, 3538, 3813, 4045 AND 4125 (TRACKING NO. CUP2008-05320) VARIANCE NOS. 2634, 3530 AND 4242 VOTE: 6-0 (TRACKING NO. VAR2008-04753) Commissioner Eastman absent ADMINISTRATIVE ADJUSTMENT NO. 138 (TRACKING NO. ADJ2008-00310) 1. Location: 2530 West La Palma Avenue Applicant: Daniel Sun The Church in Anaheim 2528 West La Palma Avenue Anaheim, CA 92801 a) Conditional Use Permit No. 3424 (to permit a preschool in an Project Pianner.• existing church and the construction of two 1,493 square foot Elaine Thienprasiddhi ethien@anaheim.net modular housing units for pastor's quarters with waiver of minimum required yard, minimum number of parking spaces and maximum structural height) b) Conditional Use Permit No. 3538 (to permit a private educational facility in conjunction with an existing church and preschool with waiver of minimum number of parking spaces) 2. Location: 800 & 806 North Brookhurst Street Applicant: Ann K. Jerhoff The Home Depot 3800 West Chapman Avenue Orange, CA 92868 a) Conditional Use Permit No. 2802 (to retain an auto towing, impound and repair facility with waivers of structural setback, permitted encroachments and yard requirements, minimum dimensions of parking spaces and minimum number and type of parking spaces) b) Conditional Use Permit No. 4045 (to permit a portable food service use (hot dog cart) in conjunction with a permitted retail store) 05/28/08 Page 3 of 17 MAY 28, 2008 PLANNING COMMISSION MINUTES 3. Location: 891 South Walnut Street Applicant: Martin A. Lakatos Front Porch Development Company 303 North Glenoaks Boulevard Burbank, CA 91502 a) Conditional Use Permit No. 200 (to permit established home for the aged and construct new buildings) b) Conditional Use Permit No. 1861 (to expand a retirement home) c) Conditional Use Permit No. 3135 (to permit a child day care center for the children of employees of Walnut Manor only) 4. Location: 401 North Anaheim Boulevard Applicant: William Taormina 128 West Sycamore Street Anaheim, CA 92805 a) Conditional Use Permit No. 3813 (to permit a motorcycle sales and service facility with waiver of minimum number of parking spaces) 5. Location: 610 South Olive Street and 525 East South Street Applicant: Cheryl Stump Brookfield Homes 151 Kalmus Drive, Suite L-3 Costa Mesa, CA 92626 a) Variance No. 3530 (waiver of maximum number of compact parking spaces and minimum number of parking spaces to construct an industrial warehouse facility) b) Variance No. 4242 (waiver of minimum number of parking spaces to construct 49,615 square feet of office area within a 406,992 square foot industrial complex) c) Administrative Adjustment No. 138 (waiver of maximum fence height to construct asix-foot high wrought iron fence within the required setback area) 05/28/08 Page 4 of 17 MAY 28, 2008 PLANNING COMMISSION MINUTES 6. Location: 2150 South State College Boulevard Applicant: John Luedtke Archstone Smith One Spectrum Pointe Drive, Suite 225 Lake Forest, CA 92630 a) Conditional Use Permit No. 4125 (to establish an outdoor swap meet facility with waiver of required parking lot landscaping) 7. Location: 1448, 1450, 1460 North Red Gum and 2961 East La Jolla Street Applicant: Don and Sidney Vidmar 8148 Trousdale Ferry Pike, Unit C Lebanon, TN 37090 a) Conditional Use Permit No. 630 (conditioned operation of landscape contractor's storage yard in M-1 zone) b) Conditional Use Permit No. 1153 (to establish outdoor, heavy equipment storage yard, with waiver of required six-foot high masonry wall enclosing outdoor storage areas and requirement that a lot have frontage on a public street or alley) Applicant: Kathy G. Verburg Roka, LLC P.O. Box 121112 Big Bear Lake, CA 92315 a) Conditional Use Permit No. 1219 (to permit an outdoor automobile dismantling yard with waiver of the required six-foot high masonry wall ) b) Conditional Use Permit No. 2331 (to retain used auto storage, contractor's storage yards and fertilizer manufacturing in the ML Zone with waiver of required enclosure of outdoor uses) c) Conditional Use Permit No. 3408 (to retain a temporary office trailer) Applicant: Ephraim Beard 57 Linda Isle Newport Beach, CA 92660 a) Conditional Use Permit No. 1489 (to establish outdoor storage of automobiles with waiver of minimum number of parking spaces) 05/28/08 Page 5 of 17 MAY 28, 2008 PLANNING COMMISSION MINUTES 8. Location: 3150 East La Palma Avenue Applicant: Lucy May Premier Business Properties 6355 South Industrial Road Las Vegas, NV 89118 a) Variance No. 2634 (waive permitted uses to establish a sandwich shop 9. Location: 5464 East La Palma Avenue Applicant: Karen Malec Associated Commercial Brokers 3365 East Miraloma Avenue, Suite 203 Anaheim, CA 92806 a) Conditional Use Permit No. 2981 (to permit a church in the ML Zone with waiver of minimum number of parking spaces) 05/28/08 Page 6 of T 7 MAY 28, 2008 PLANNING COMMISSION MINUTES ITEM NO. 1 C CEQA NEGATIVE DECLARATION AND CONDITIONAL USE PERMIT NO. 2006-05111 (Tracking No. CUP2008-05317) Applicant: BKM Development Company 3185 Pullman Avenue Costa Mesa, CA 92626 Location: 1097 North Patt Street Requests to permit a retroactive extension of time to comply with the conditions of approval to construct one of two previously-approved stealth ground-mounted telecommunications facilities with accessory ground-mounted equipment in an industrial office park. Consent Calendar Approval Motion: Velasquez/Faessel VOTE: 6-0 Commissioner Eastman absent Project Planner: Kimberly Wong Kwong2@anaheim.net 05/28/08 Page 7 of 17 MAY 28, 2008 PLANNING COMMISSION MINUTES Minutes• ITEM NO. 1 D Commissioner Velasquez offered a motion, seconded by Commissioner Faessel to approve the Minutes from the Planning Commission Meeting of May 12, 2008. Motion passed with 5 aye votes. Commissioner Eastman was absent. Commissioner Karaki abstained from Item 1-D. Receiving and approving the Minutes from the Planning Commission Meeting of May 12, 2008. (Motion) NOTE: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department. Consent Calendar Approval Motion: Velasquez/Faessel VOTE: 5-0 Commissioner Karaki abstained as he was not present for the meeting Commissioner Eastman absent 05/28/08 Page 8 of 17 MAY 28, 2008 PLANNING COMMISSION MINUTES Public Hearing Items: ITEM NO. 2 CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) AND AMENDMENT TO CONDITIONAL USE PERMIT NO. 2000-04244 WITH WAIVER (Tracking No. CUP2007-05256) Agarwal Applicant: Rob Chandler Fairmont Private Schools 1575 West Maple Street Anaheim, CA 92802 Location: 2200-2240 West Sequoia Avenue: Property is approximately 5.7 acres, having a frontage of 895 feet on the south and west sides of Sequoia Avenue approximately 180 feet east of the centerline of Siesta Street. Request to amend the conditions of approval to permit additional students and staff at apreviously-approved private school (Fairmont Private School) with fewer parking spaces than required by Code. Continued from the April 28, 2008, Planning Commission Meeting. Kimberly Wong presented the staff report. Chairman Buffa opened the public hearing. Resolution No. PC2008-64 Approved, modifications to Condition No. 4 VOTE: 6-0 Commissioner Eastman absent Project Planner: Kimberly Wong kwong2@anaheim.net Rob Chandler, Fairmont Schools, 1575 West Maple Street, Anaheim, clarified that they did not intend to eliminate the junior high school but with the market conditions, the school would like the flexibility to increase the high school enrollment without eliminating the junior high school. The school may eventually have all high school students. Chairman Buffa stated that they understood the request and the Planning Commission's is okay either way. The Commission understands that there would be a maximum of 750 students and the specific numbers could fluctuate over time. Mr. Chandler had requested to increase their teaching staff from 49 to 55, and their administrative staff from 27 to 30. Chairman Buffa explained that during the preliminary hearing the Planning Commission discussed the requested waiver of parking requirements. The Commission is concerned about parking during times when there is a large event at the school, for example, a sports tournament, where other people 05/28/08 Page 9 of 17 MAY 28, 2008 PLANNING COMMISSION MINUTES would come from different schools. The Planning Commission wanted to know how the school would manage parking. Mr. Chandler stated that there are two events during the year which the school would consider making parking adjustments. These events are Open House and Information Night. These are events where the school would make arrangements with Home Depot and ask faculty and staff to park there. The school will transport faculty back to the school creating enough parking space for those events. if Home Depot parking lot is not available, the school has made other arrangements with the Sa Rang Church on Brookhurst Street to use their parking lot. Sports events happen after school when students and staff leave, allowing enough parking for sports event. The school does not have other outside agencies or groups coming to the campus where they would have mass parking demand other than what they would have during the normal school day. Chairman Buffa asked what kind of parking agreement the school has with the Sa Rang Church or Home Depot. Mr. Chandler explained that Home Depot is on a case by case basis and with Sa Rang Church they have a written agreement. Chairman Buffa asked how many cars come to the school when they have Information Night or Open House. Mr. Chandler stated that sometimes they accommodate ali the parking and other times they have had some over-flow parking at Home Depot but he was not sure if they ever taken count. When the school has these events, the faculty and staff park at Home Depot which opens up an additional 30 to 40 parking spaces. He found this question difficult because they are open to the community. The school has not been in a position, in the four years he has been with the school, were parking has created a major issue for the neighborhood. Commissioner Faessel thanked Mr. Chandler for taking a positive step in having many outreach meetings with the community. He asked if there was any possibility to share parking with Brookhurst Junior High School. Mr. Chandler stated he was not sure what parking availability they have. The school's headmaster has a relationship with the principal of Brookhurst Junior High, but he does not think the subject has been approached. Commissioner Velasquez asked what the agreement was with the church. She wanted to know if it was for a certain period of time. Mr. Chandler stated that the agreement is open-ended because they have a close relationship with the church. They have a number of families who attend Sa Rang Church and their children go to Fairmont. At times the church has requested to use the school's parking lot as well. The agreement is that the school can use their parking lot anytime they need it for school days or special events. If it is a special event the school communicates with the church so that it is not overlapping any of their events. They have approximately 840 parking spaces. 05/28/08 Page 10 of 17 MAY 28, 2008 PLANNING COMMISSION MINUTES Commissioner Velasquez asked if the church had other activities during the week or do they have service only on Sunday. Mr. Chandler stated that they may have evening activities and weekend events but they do not overlap their activities. They have been able to satisfy their needs for those two major occasions. Commissioner Agarwal understood that the two events are scheduled for a period of three hours and parents come to the school at various times. He asked if the parents came in at once or various times. Mr. Chandler stated that parents come in at various times, from 6:00 to 8:30 or 6:00 to 9:00 p.m. One of the events is an opportunity for parents to become familiar with the curriculum and meet with the teachers; this is not a one on one meeting. The parents move from class to class and the teachers present what they are going over with the students in that classroom. They encourage new families to come to get to know the campus and Fairmont at that time too. In the four years he has been with the school they have not been in a position where it becomes overcrowded. They are pleased when the school is crowded, but they have a plan to deal with the parking situation. Chairman Buffa asked if there was anyone else who would like to speak to this item; seeing none; she closed the public hearing. Chairman Buffa appreciated the clarification that Mr. Chandler made with regards to the parking situation. Often when the City contemplates a waiver of parking, the City wants to be sure they are not left with the position of having a smaller parking supply than the future demand could create. She stated that Mr. Chandler made good arrangements to deal with parking even though they were not permanent. However, what Mr. Chandler explained helps her realize that their overflow is only about 40 parking spaces. This could be easily accommodated two or three times a year on public streets around the school. If they did not park at Sa Rang Church for two nights a year and parked in the neighborhood streets, she did not think this would not be an inconvenience for the neighbors to put up with. Hopefully the school will continue to work with Home Depot and Sa Rang Church and the parking agreements will work forever, but if for some reason in the future it did not, she thinks as a school site it could still operate effectively. Ms. Wong wanted to modify the wording of Condition No. 4 of the attached resolution. She requested the elimination of the first sentence as discussed by Mr. Chandler. The condition should read; while the senior high and junior high schools run concurrently enrollment should not exceed 750 students. Commissioner Agarwal recommended that the Planning Commission adopt the attached resolution to determine that the Previously- Approved Negative Declaration serve as the appropriate environmental documentation and to approve an amendment to Conditional Use Permit No. 2000- 04244 with a waiver of minimum number of parking spaces and with a modification to Condition No. 4 as read into the record by Planning Staff. Donna Patino, Secretary, announced that the resolution passed with 6 aye votes. Commissioner Eastman was absent. 05/28/08 Page 11 of 17 MAY 28, 2008 PLANNING COMMISSION MINUTES OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, June 19, 2008. DISCUSSION TIME: 17 minutes (2:36 to 2:53) 05/28/08 Page 12 of 17 MAY 28, 2008 PLANNING COMMISSION MINUTES ITEM NO. 3 CEQA ENVIRONMENTAL IMPACT REPORT NO. 323 (PREVIOUSLY-CERTIFIED) AND CONDITIONAL USE PERMIT NO. 2008-05310 Faessel Applicant: MCG Architecture 1055 East Colorado Boulevard, #400 Pasadena, CA 91106 Location: Southeast Corner of Lemon and Durst Streets: Property is approximately 1.55 acres, having a frontage of 210 feet on the east side of Lemon Street and 315 feet on the south side of Durst Street. Request to permit a 2,675 square foot drive-through restaurant and a 6,630 square foot commercial retail building in connection with the existing Anaheim Gateway commercial shopping center. Resolution No. PC2008-65 Approved, modified Condition Nos. 3, 4 ~ 8, added condition pertaining to the replacement of the electrical room rollup door with swinging doors VOTE: 6-0 Commissioner Eastman absent Project Planner: Kim Wong kwong2@anaheim. net Kim Wong presented the staff report. She added a condition of approval "That the roll-up door for the electrical room at the commercial retail center shall be eliminated. Plans shall reflect swing doors designed consistent with the architecture of the building." She also indicated that modified conditions of approval pertaining to clinging vines along the east elevation of the commercial retail center and the public right-of-way improvements along Lemon Street were provided to the Planning Commission during the preliminary plan review and a copy was also provided to the applicant. Chairman Buffa requested clarification that the new condition of approval required the elimination of the roll-up door for the electrical room and adds landscaping along the east side. Ms. Wong indicated that prior to the public hearing the applicant clarified that the provided landscape plan did not properly reflected the proposed landscaping on the east side of the commercial retail building. Pockets of landscaping are proposed between the tenant doors on the east elevation. In these landscaped areas, the applicant plans to provide clinging vines and additional landscaping as proposed during the public hearing, such as shrubbery and if it is wide enough for a growing tree. Chairman Buffa opened the public hearing. Dinh Huynh, Robertson Properties Group, stated that he is available to answer any questions. Chairman Buffa understood that staff discussed with him the proposed new condition and the condition is acceptable. Mr. Huynh stated that the first condition Ms. Wong mentioned is the roll-up door. He believes the roll- up door provides a better clearance space for the electrical room. Staff was concerned that the roll- up door provided an industria! look, but he believes that because north of Durst Street is an industrial area, the roll-up door reflects similar treatment. The building sits back on the property and would not 05/28/08 Page 13 of 17 MAY 28, 2008 PLANNING COMMISSION MINUTES be visible on Lemon Street. The roll-up door sits in an area were there would be hedges and would not be obtrusive to the view. With regards to landscaping on the east elevation, the property owner too would like to deter graffiti. He concurs with the condition regarding the addition of clinging vines and they will provide landscaping along the east side of the building. They will also accept the condition pertaining to modifying the awning on the facade of the commercial retail building. The awnings will shade the west side of the building and will provide a better cooling area for the building. With regards to the trash enclosure in the shopping center, the site is restrictive and the proposed location of the trash enclosure is best to provide easy access for trash truck pickup. They provided a trash enclosure detail which indicated trellises and vine surrounding the trash enclosure that would shield the trash from view and prevent it from sticking out. The final issue he would like to discuss is landscaping on Lemon Street. Staff's concern is that they should shield the drive aisle from Lemon Street. They also share this concern and are providing palm trees along the corner of Lemon and Durst Street. There are existing palm trees and hedges along the drive-through aisle. There is a homeless problem in the shopping center and thick hedges it tends to provide sheltering for homeless people. They would like to stay away from creating opportunities for homeless to stay there. The developer would like to create shrubs or planting that would accommodate what staff requires and create a more appeasing view along Lemon Street. Chairman Buffa stated the landscape plan shows that they propose one tall palm tree in front of the restaurant pad. She asked if they would be willing to provide additional trees and different kinds of trees and maybe take out the palm tree. She understands the concern about creating a sheltering place for homeless people, but trees can be limbed up so that there is plenty of visibility under them while also creating greenery above. She feels the drive-through window with a three foot high hedge is going to be very visible. She personally believes there should be better screening between the drive-through aisle and the street. She asked if they could replace the palm tree with something else. Mr. Huynh stated that they could work with staff to find the appropriate landscaping for the street. They are concerned that the shop building is recessed back and they want to provide visibility for the retailers. He thinks if there is not enough visibility for the retailers in the back of the property, their business may not be as successful in terms of creating visibility on the street. Chairman Buffa stated that she was not sure the shops in the back are going to be visible from Lemon Street anyway because they are far away from Lemon Street. Mr. Huynh agreed. He stated that is why they are trying to create as much visibility as they can. Ms. Wong stated that the Code requires a minimum of one tree for every twenty linear feet of street frontage on Lemon Street. This property has a frontage of approximately 211 feet; that would be approximately ten trees total. If the developer would like to provide less than Code requirements, they would need to obtain a waiver. Chairman Buffa stated that the Code will take care of her concern. 05/28/08 Page 14 of 17 MAY 28, 2008 PLANNING COMMISSION MINUTES Chairman Buffa stated that she will switch to the opposite edge of the site which would be the eastern edge along the back side of the shops building. She is glad there will be landscape pockets. The plans provided to the Commission did not indicate any landscape pockets and she thinks there is room on the back side to add significant landscaping. She understands the concern that they do not want to create a place where people can take up residence over night, but she thinks they could get some vertical elements in that will soften the back side of that building. The roll-up door is the last issue of her concern. When people turn off of Durst Street into the shopping center, they would be looking straight at the roll-up door. She is concerned about the visual appearance. Even though there is an industrial use on the north side of Durst Street, this property is not industrial, it is for commercial uses. She thinks it should be designed to be like a commercial center and not like an industrial center. Her concern is with regards to the roll-up door and she would prefer to see them replaced with swinging doors that open. Commissioner Faessel stated that he agreed with Chairman Buffa's concern regarding the roll-up door. He thinks the applicant delineated the other issues regarding the additional trees on Lemon Street and the explanation of the landscaping pockets along the access road off of Durst Street. His concern was also about the roll-up door because he thinks there are other ways to achieve the same end. He concurs with the fact that the project has an industrial look and does not add to the building at all. All of the commercial buildings off along Orangethrope need to be updated with a modern look. The project is fine with an exception to the roll-up door. Mr. Huynh replied that if the Commission wanted to go with double doors he is willing to work with staff on that. Commissioner Faessel suggested that staff could come up with a reasonable arrangement that would meet the needs of the developer as well as the access that the utility needs, anything better than a roll-up door would be better. Commissioner Velasquez agreed. Commissioner Agarwal concurred with regards to the roll up door. The applicant has accepted to work with staff so he is in support of the project with the amended conditions. Chairman Buffa asked if there was anyone else who would like to speak to this item; seeing none, she closed the public hearing. Commissioner Faessel offered a recommendation that the Planning Commission adopt the attached resolution to determine the Previously Certified Environmental Impact Report No. 323 serve as the appropriate environmental documentation and to approve Conditional Use Permit No. 2008-05310 with the changes as read into the record by staff. Donna Patino, Secretary, announced that the resolution passed with 6 aye votes. Commissioner Eastman was absent. 05/28/08 Page 15 of 17 MAY 28, 2008 PLANNING_COMMISSION MINUTES OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Thursday, June 19, 2008. DISCUSSION TIME: 16 minutes (2:53 to 3:09) 05/28/08 Page 16 of 17 MAY 28, 2008 PLANNING COMMISSION MINUTES MEETING ADJOURNED AT 3:09 P.M. TO MONDAY, JUNE 23, 2008 AT 1:00 P.M. FOR PRELIMINARY PLAN REVIEW Respectfully submitted: ~~c ~l~.. Donna Patino, Secretary ~. __ Received and approved by the Planning Commission on June23, 2008. 05/28/08 Page 17 of 17