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Minutes-PC 2009/08/03City of Anaheim Planning Commission Minutes Monday, August 3, 2009 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Commissioners Present :Chairman: Panky Romero Peter Agarwal, Kelly Buffa, Stephen Faessel, Joseph Karaki, Victoria Ramirez Commissioners Absent :Todd Ament Staff Present : CJ Amstrup, Planning Services Manager Jamie Lai, Transit Manager Linda Johnson, Principal Planner RaulGarcia, Principal Civil Engineer Ted White, Senior Planner David Kennedy, Associate Transportation Planner Mark Gordon, Assistant City Attorney Grace Medina, Senior Secretary Vanessa Norwood, Associate Planner Agenda Posting: A complete copy of the Planning Commission Agenda was posted at 4:30 p.m. on Wednesday, July 29, 2009, 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, July 23, 2009 Call to Order - 2:30 p.m. Attendance:2 Pledge of Allegiance by Commissioner Agarwal Public Comments Consent Calendar Public Hearing Items ARTIC and the Go Local Fixed Guideway System Workshop presented by the Public Works Department Adjournment AUGUST 3, 2009 PLANNING COMMISSION MINUTES Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: None Minutes ITEM NO. 1AMotion to approve minutes (Karaki/Faessel) Receiving and approving the Minutes from the Planning Commission Meeting of July 8, 2009. Approved VOTE: 5-0 Chairman Romero and Commissioners Buffa, Faessel, Karaki and Ramirez voted yes. Commissioner Agarwal abstained. Commissioner Ament was absent. ITEM NO. 1BMotion to approve minutes (Karaki/Faessel) Receiving and approving the Minutes from the Planning Approved Commission Meeting of July 20, 2009. VOTE: 6-0 Chairman Romero and Commissioners Agarwal, Buffa, Faessel, Karaki and Ramirez voted yes. Commissioner Ament was absent. 08/03/09 Page 2 of 2 AUGUST 3, 2009 PLANNING COMMISSION MINUTES Public Hearing Items: ITEM NO. 2 AMENDMENT TO CONDITIONAL USE PERMIT NO. 3703 Resolution No. 2009-071 (TRACKING NO. CUP2009-05432)(Agarwal) Owner: Lewis R. Schmid Trust Approved, modified Condition 1725 South Douglass Road, Suite C Anaheim, CA 92806 No. 3 Applicant: Adriana Mauro VOTE: 6-0 159 North Shasta Way Upland, CA 91786 Chairman Romero and Commissioners Agarwal, Buffa, Location:2620 East Katella Avenue, Unit BFaessel, Karaki and Ramirez voted yes. Commissioner Ament The applicant proposes to amend this permit to sell beer was absent. and wine for on-premises consumption within an existing coffee house and sandwich shop. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Project Planner: Vanessa Norwood Environmental Quality Act (CEQA) Guidelines, Class 1 vnorwood@anaheim.net (Existing Facilities).  Vanessa Norwood, Associate Planner, provided a summary of the staff report dated August 3, 2009, along with a visual presentation. Ms. Norwood recommended the last sentence on Condition No. 3 of the draft resolution be revised to read: “Solid waste storage and collection, and recycling shall be in compliance with plans approved by the Public Works, Streets and Sanitation Division.” She also changed the monitoring department to Public Works, Streets and Sanitation/Operations. Commissioner Ramirez stated the report indicated that 218 parking spaces were required for this center. She asked if this number included the spaces required for the proposed business in addition to the other retailers in the shopping center. Ms. Norwood responded that the required 218 spaces included all of the tenant space in the center, including vacant commercial space. Chairman Romero opened the public hearing. Adriana Mauro, the applicant, 2620 East Katella Avenue, Suite B, Anaheim, stated she had reviewed the conditions of approval and was available to respond to questions. Chairman Romero closed the public hearing. 08/03/09 Page 3 of 3 AUGUST 3, 2009 PLANNING COMMISSION MINUTES Commissioner Agarwal offered a recommendation that the Planning Commission adopt the resolution attached to the August 3, 2009, staff report, determining that a Class 1 Categorical Exemption is the appropriate environmental documentation for this request and approving the amendment to Conditional Use Permit No. 3703, including the modification to Condition No. 3 recommended by staff. Grace Medina, Senior Secretary, announced that the resolution passed with six yes votes. Chairman Romero and Commissioners Agarwal, Buffa, Faessel, Karaki and Ramirez voted yes. Commissioner Ament was absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, August 25, 2009. DISCUSSION TIME : 5 minutes (2:33 to 2:38) 08/03/09 Page 4 of 4 AUGUST 3, 2009 PLANNING COMMISSION MINUTES ITEM NO. 3 AMENDMENT TO CONDITIONAL USE PERMITResolution No. 2009-072 NO. 2003-04761 (TRACKING NO. CUP2009-05426) (Karaki) Owner: Cathi Soden-Hofstetter Soden Family Limited Partnership Approved, deleted Condition No. 7 2127 East Bethel Drive Anaheim, CA 92806 Applicant: Cathi Soden-Hofstetter VOTE: 6-0 2127 East Bethel Drive Chairman Romero and Anaheim, CA 92806 Commissioners Agarwal, Buffa, Faessel, Karaki and Ramirez Joyce Hearnvoted yes. Commissioner Ament Orange County ARC was absent. 225 West Carl Karcher Way Anaheim, CA 92801 Location:1143 - 1147 North Anaheim Boulevard The applicant proposes to expand an existing adult day Project Planner: Vanessa Norwood care facility into an adjacent tenant space in an existing vnorwood@anaheim.net commercial center. The expanded facility would serve up to 44 non-ambulatory, developmentally disabled adults where 36 adults are currently served by the existing facility. Environmental Determination : The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Class 1 (Existing Facilities). Vanessa Norwood, Associate Planner, provided a summary of the staff report dated August 3, 2009, along with a visual presentation. She recommended the deletion of Condition No. 7 in the draft resolution. Chairman Romero opened the public hearing. Richard Farmer, representing the applicant, Orange County ARC, 1147 North Anaheim Boulevard, Anaheim, stated the applicant has provided educational and training services for 750 developmentally disabled people in Orange County and helped them find jobs. At this particular location, they provided care for 36 clients and would like to expand into the next unit to serve 8 more clients for a total of 44. He said there would be no parking issues because the clients coming to this facility use public transportation through OCTA. 08/03/09 Page 5 of 5 AUGUST 3, 2009 PLANNING COMMISSION MINUTES Commissioner Faessel said he was familiar with the Soden Family. He believed the ARC group was serving an important need in the community. He stated he supported the request. Chairman Romero closed the public hearing. Commissioner Karaki offered a recommendation that the Planning Commission adopt the resolution attached to the August 3, 2009, staff report, determining that a Class 1, Categorical Exemption is the appropriate environmental documentation for this request and approving the amendment to Conditional Use Permit 2003-04761. Grace Medina, Senior Secretary, announced that the resolution passed with six yes votes. Chairman Romero and Commissioners Agarwal, Buffa, Faessel, Karaki and Ramirez voted yes. Commissioner Ament was absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, August 25, 2009. DISCUSSION TIME : 5 minutes (2:38 to 2:43) 08/03/09 Page 6 of 6 AUGUST 3, 2009 PLANNING COMMISSION MINUTES ITEM NO. 4 ZONING CODE AMENDMENT NO. 2009-00085Motion recommending to City Council adoption of an Ordinance Applicant: Planning Department (Karaki/Agarwal) City of Anaheim 200 South Anaheim Boulevard Anaheim, CA92806Approved Location:Citywide VOTE: 4-2 This is a request initiated by the City of Anaheim Chairman Romero and Planning Department to amend Title 18 of the Anaheim Commissioners Agarwal, Buffa and Municipal Code to add interim uses as a conditionally Karaki voted yes. Commissioners permitted use in all zones, with the exception of the Faessel and Ramirez voted no. Anaheim Resort, Disneyland Resort and Hotel Circle Commissioner Ament was absent. Specific Plan zones. Environmental Determination : The proposed action is Project Planner: Linda Johnson exempt from the California Environmental Quality Act ljohnson@anaheim.net under Section 21080 of the Public Resources Code.  Linda Johnson, Principal Planner, provided a summary of the staff report dated July 20, 2009, along with a visual presentation. Chairman Romero opened the public hearing. Commissioner Faessel asked staff to elaborate on what some of the interim uses might be. Ms. Johnson said staff had received some inquiries about allowing uses that would not ordinarily be allowed by the code on an interim basis until the economy improved. She said staff had received inquiries about locating a vehicle impound yard on a residential lot and using vacant lots for parking. She said the code did not allow a property owner to request these types of interim uses. The proposed code amendment would allow the ability to request an interim use. Staff would review each request and make a recommendation to the Planning Commission whether the use was appropriate for that particular property. Commissioner Faessel asked if he, for example, owned a property in the Colony Area which was residentially zoned, could he request to be allowed to store motor homes. He asked if the request would be approved by the Planning Director or would a public hearing be required. Ms. Johnson responded this code amendment would allow him the opportunity to request a conditional use permit, which would be a public hearing before the Planning Commission. 08/03/09 Page 7 of 7 AUGUST 3, 2009 PLANNING COMMISSION MINUTES Commissioner Faessel asked if the process was consistent with other communities in Orange County. CJ Amstrup, Planning Services Manager, said he did not have specific examples of other communities where they have proposed this sort of amendment in response to the economy. Other communities were relaxing standards for promotional signs and special activities. This amendment would allow any two uses to co-exist side by side for an interim period during two years. Mr. Amstrup said, based upon is experience in other communities, he had not seen examples of where this sort of mixed use would be permitted. Commissioner Faessel asked once the two years expired, would Code Enforcement check to make sure the property was being used for the originally intended use. He asked how these types of permits would be recorded and monitored. Ms. Johnson said the permits would be flagged in the City’s computer system and a list would be created of all the conditional use permits with interim uses. Staff would send a letter to the property owner in advance, advising them of the expiration date of the permit. Commissioner Ramirez asked if the goal of this code amendment was to allow an interim use to determine whether that use was a good fit in the zone and should be included as a permitted use as a future code amendment. Ms. Johnson stated that was not the goal of this amendment. The code currently allowed a conditional use permit to be requested for two categories of uses not listed in the zoning code. A conditional use permit could be requested for a use not listed anywhere in the zoning code, but compatible with that particular zone as determined by the Planning Director. A conditional use permit could also be requested for a use that while allowed in other zones in the City, was not allowed in a particular zone, but determined to be compatible with that particular zone by the Planning Director. Staff may recommend that the code be amended in the future to permit these types of uses. This proposed amendment would allow on an interim basis uses not allowed in a particular zone and potentially not appropriate on a long term basis in that zone and that was why a two year time limit has been recommended. Commissioner Ramirez asked if many requests had been received for interim uses. Ms. Johnson said staff had received some inquires from property owners asking what they could do with their land until the economy improved and they could develop a more long term use. Most recently, staff received the inquiry about the potential for locating an impound yard on a residential lot. Staff has also received several inquiries about interim parking. Mr. Amstrup said he was not aware of other uses besides the parking and impound yard that Ms. Johnson described. Because the housing segment has been hit hardest by the economy, the people who approached the Planning counter generally had a project that was perhaps approved and entitled for a residential use and they were trying to identify an interim use until they could build the residential use. Commissioner Ramirez asked if staff believed two years was sufficient time to allot for an interim use. 08/03/09 Page 8 of 8 AUGUST 3, 2009 PLANNING COMMISSION MINUTES Ms. Johnson stated the two year time limit was recommended because it should be an interim, not a longstanding use. Commissioner Karaki commented this was a good use on the City’s part because it would allow owners to make some use of their property rather than letting it sit idle. Chairman Romero asked if the request for this type of use had to be made by the owner. Ms. Johnson said the owner or an authorized agent would be able to make the request. Mr. Amstrup stated there was not a requirement that the business must be operated by the property owner. It could be leased to a third party. Chairman Romero closed the public hearing. Commissioner Karaki offered a motion, seconded by Commissioner Agarwal, that the Planning Commission determine this action is exempt from the California Environmental Quality Act under Section 21080 of the Public Resources Code, and recommend to the City Council that the draft ordinance attached to the August 3, 2009 staff report for Adjustment Zoning Code Amendment No. 2009-00085 be approved. Mark Gordon, Assistant City Attorney, announced that the motion carried with four yes votes and two no votes. Chairman Romero and Commissioners Agarwal, Buffa and Karaki voted yes. Commissioners Faessel and Ramirez voted no. Commissioner Ament was absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 22-day appeal rights ending at 5:00 p.m. on Tuesday, August 25, 2009. DISCUSSION TIME : 13 minutes (2:43 to 2:56) WORKSHOP: ARTIC and the Go Local Fixed Guideway System : A presentation was provided by Jamie Lai, Transit Manager. DISCUSSION TIME : 40 minutes (3:13 to 3:53) MEETING ADJOURNED AT 3:53 P.M. TO MONDAY, AUGUST 17, 2009 AT 2:30 P.M. 08/03/09 Page 9 of 9 AUGUST 3, 2009 PLANNING COMMISSION MINUTES Respectfully submitted, Grace Medina Senior Secretary Received and approved by the Planning Commission on August 17, 2009. 08/03/09 Page 10 of 10