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Minutes-PC 2009/10/26City of Anaheim Planning Commission Minutes Monday,October 26, 2009 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Commissioners Present :Chairman: Panky Romero Todd Ament, Kelly Buffa, Joseph Karaki,Victoria Ramirez Commissioners Absent :Peter Agarwal, Stephen Faessel Staff Present : CJ Amstrup, Planning Services ManagerKevin Clausen, Planning Aide Linda Johnson,Principal PlannerRaul Garcia, Principal Civil Engineer Mark Gordon, Assistant City AttorneyDavid Kennedy, Associate Transportation Planner David See, Senior PlannerMichele Irwin, Senior Police Services Representative Della Herrick, Associate PlannerLuis Torrico, Project Manager I Vanessa Norwood, Associate PlannerGrace Medina, Senior Secretary Scott Koehm, Associate Planner Agenda Posting: A complete copy of the Planning Commission Agenda was posted at6:00 p.m. onWednesday,October 21, 2009, inside the display case located in the foyer of the Council Chamber, and also in the outside display kiosk. Published:Anaheim Bulletin Newspaper onThursday, October 15,2009 Call to Order-3:30 p.m. Attendance: 29 Pledge of AllegiancebyCommissioner Ramirez Public Comments Consent Calendar Public Hearing Items Adjournment OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES Anaheim Planning Commission Agenda -3:30 P.M. Public Comments: None Minutes ITEM NO. 1AMotionto approve minutes (Buffa/Ament) Receiving and approving the Minutes from the Planning Approved Commission Meeting of October 12, 2009. VOTE: 4-0 Chairman Romero and Commissioners Ament, Buffa and Ramirez voted yes. Commissioner Karaki abstained. Commissioners Agarwal and Faessel were absent. 10/26/09 Page 2of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES Public Hearing Items: ITEM NO. 2 CONDITIONAL USEPERMIT NO. 2004-04921AResolution No. 2009-102 CONDITIONAL USE PERMIT NO.2009-05454 AND Resolution No. 2009-103 VARIANCE NO. 2009-04794 (Buffa) (DEV2009-00024) Owner:Approved Mitchell Bryant Coastal Business Group 16460 Bake Parkway,Suite 100 VOTE: 5-0 Irvine, CA92618 Chairman Romero and Applicant: Prince of Peace Lutheran Church of AnaheimCommissioners Ament, Buffa, 1421 WestBall RoadKarakiand Ramirez voted yes. Anaheim, CA92802CommissionersAgarwal and Faessel wereabsent. Location:1421 West Ball Road The applicant proposes to permit a new 50-foot monopine telecommunication facility with less landscaping then required by code at an existing church and to delete a condition of approval pertaining to a time limitation on an existing telecommunication facility (disguised as a cross). Project Planner: Della Herrick Environmental Determination: The proposed action is dherrick@anaheim.net Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental QualityAct (CEQA) Guidelines, Class 1 (Existing Facilities). Della Herrick,Associate Planner, provided a summary of the staff report dated October 26, 2009, along with avisual presentation. Chairman Romeroopened the public hearing. Mary Marshall, Coastal Business Group, representing T Mobile and AT&T, 16460 Bake Parkway, Suite 100, Irvine, stated there wasno room to plant three live pine trees as required by Code as it would interfere with space used for playground and physical education activities. Commissioner Ament asked the applicant the following questions: if therewas a technical reason for requesting a 50-foot high versus 30-foot high telecommunications facility; if three trees were required, would this prevent the installation of the facility on this property; and, whether the applicant had discussed this project with the surrounding neighbors. 10/26/09 Page 3of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES Ms. Marshall responded that the proposed 50-foot high facility would meet their coverage objectives. If the facility were limited to 30 feet high, then additional facilities would need to be installed. She also stated that there was no room for trees and if the trees were required, the design of the stealth facility would need to be changed, which was not desirable. She also said there was a row of trees to the north of the property; however, they were not pine trees. She also said that the church had a good rapport with the neighbors and had not received any complaints about the existing or proposed facilities except for the one comment submitted to the Planning Commission. Commissioner Ramirez asked if the size of the trees were reduced, would it make it more feasible to plant trees in the vicinity of the mono-pine. Ms. Marshall responded that any tree would impact the field and that the proposed location for the mono-pine was the only unused portion of the property. Chairman Romero, seeing no other persons indicating to speak,closed the public hearing. Commissioner Buffa statedit looked like the field was a large open areafor multipurpose uses and she did not see why the church could not install the trees somewhere on the property. She did not feel it was the responsibility of the neighboring residents to provide trees to screen the view of the mono-pine.She stated she supported staff’s recommendation. ChairmanRomero said he agreed with Commissioner Buffa and supported staff’s recommendation. He stated the cell site did not belong on this property if thetrees could not be installed. Commissioner Buffaoffered a recommendation that the Planning Commission adopt the resolution attached to the October 26, 2009 staff report, determining that a Class 1 Categorical Exemptionis the appropriate environmental documentation for this request and approving Conditional Use Permit Nos. 2004-04921A and 2009-05454 anddenyingVariance No. 2009-04794. Grace Medina, Senior Secretary,announced that the resolution passedwith fiveyes votes. Chairman Romero and Commissioners Ament, Buffa, Karaki and Ramirez voted yes. Commissioners Agarwal and Faessel were absent. OPPOSITION: One piece of correspondence with concerns about the project was submitted. Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, November 5, 2009. DISCUSSION TIME :13minutes (3:32to 3:45) 10/26/09 Page 4of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2009-05446Resolution No. 2009-104 (DEV2009-00003) (Karaki) Owner: Chong Sok Lee/Tong Chun Sin Approved, modified Condition 1919 Rimcrest Drive No.11, pertaining to hours of Glendale, CA 91207 operation Applicant: Ron Parker Cyber X Café Media Center VOTE: 5-0 7400 Van Nuys Blvd, Suite 100 Van Nuys, CA 91405Chairman Romero and Commissioners Ament, Buffa, Location:2945-2929 West Ball Road Karakiand Ramirez voted yes. Commissioners Agarwal and The applicant proposes to operate an internet café .Faessel were absent. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare Project Planner: Vanessa Norwood additional environmental documentation per California vnorwood@anaheim.net Environmental Quality Act (CEQA) Guidelines, Class 1 (Existing Facilities). Vanessa Norwood,Associate Planner, provided a summary of the staff report dated October 26, 2009,along with a visual presentation. Chairman Romeroopened the public hearing. Ronald Parker, 7400 Van Nuys Boulevard, Van Nuys,the applicant,stated they had modeled their request on the only other existing internet café in the city. He requested the hours of operation be modified to open at 6:00 a.m. rather than 10:00 a.m.to serve the tourist business. Commissioner Karaki asked if customers would be local residents or out-of-town visitors. Mr. Parker said because of their location,they would be able to market to out-of-town visitors and accommodate them due to the time difference. He said they may not actually open at 6:00 a.m. but they would like the option. Commissioner Buffa asked why they would stay open until 2:00to 4:00 a.m. Mr. Parker respondedthey modeled their business according to the only other internet café in the City. He said they may not beopen that long; however, they would like the flexibility. Over time, they would know if therewasany reason to stay open that late. Commissioner Ramirez asked Mr. Parker if he operated any other internet cafes outside of the city. 10/26/09 Page 5of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES Mr. Parker said this was his first venture. Hestated he researched this use and believed there was a need for this type of business in the community. Chairman Romero, seeing no other persons indicating to speak,closed the public hearing. Commissioner Buffa asked staff if the hours of operation needed to be included in the conditional use permit and if the applicant wanted to be open 24 hours a day, would the City have any concerns. Linda Johnson, Principal Planner,responded thatwhen staff recommended a limitation on the hours of operation,staff included the recommended hours of operation in the conditions of approval. If the hours of operation were not includedin the resolution, the applicant would be able to modify the business hours. Michele Irwin, Senior Police Services Representative,statedthe hours of operation were a concern to thePolice Department becausethe business would be located nearBeach Boulevard and Ball Road which was known to have a high transient population and other issues. She stated she was not sure what types of clients would use this business.She also said therewere previously four to fivecyber cafes in the city and now there was only one. Commissioner Karaki asked if the Police Department had experienced problems with the other cafes when they were open. Ms. Irwin responded that throughout the county, but not in Anaheim, there hadbeen problems with internet cafes, resulting in ordinances being created. Shootings and other violent crimes hadbeen committed at some internet cafes because of the late hours of operation. The Police Department was concerned that this business would be adjacent to a residential neighborhood. Commissioner Ament asked why this business would be open during the night rather than the day. He asked if City staff guided the 4 a.m. time. Ms. Irwin responded that the applicant proposed the 4 a.m. closing time. Chairman Romero asked what the starting time was at the other location. Ms. Irwin responded 10 a.m. Commissioner Ramirez asked if there had been any problems with the other internet café in the city. Ms. Irwin responded that there were not any recent problems. Commissioner Karaki asked where the other internet café was located. Ms. Irwin responded that it was located near Western Avenue and Lincoln Boulevard. Commissioner Ament asked whether there would be any difference between operating the business until 4 a.m. and operating it 24 hours a day. 10/26/09 Page 6of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES ChairmanRomero stated if the Planning Commission were to allow this business to operate at this location, the hours should not be limited and if it became a problem, City staff could address the issue. Commissioner Karaki stated if the business closed at 2 a.m. for six monthswithout any problems, then the business could ask for more time. Commissioner Buffa stated this would put the burden on the applicant to ask for an extension of the business hours. Commissioner Ament asked if staff was asking for the business to close for some hours during the day due to concerns with transients. Commissioner Buffa stated she thought this was the intent. Chairman Romero asked if the general consensus was that the business should be open from 6 a.m. to 2 a.m. daily for a period of six months and if there were no issues, then the applicant could ask to extend the business hours to 4 a.m. He also asked whether this extension of hours would be automatic or if the applicant should make the request. Mark Gordon, Assistant City Attorney, stated that the applicant would need to apply for an amendment to the condition which could be considered and approved by the Planning Director as a Minor Amendment. The Planning Director’s decision was appealable to the Planning Commission. Commissioner Karakioffered a recommendation that the Planning Commission adopt the resolution attached to the October 26, 2009 staff report, determining that a Class 1 Categorical Exemptionis the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2009-05446with amodification to Condition No. 11 allowing the hours of operation for the business to extend from 6 a.m. to 2 a.m. daily. Grace Medina, Senior Secretary,announced that the resolution passedwith fiveyes votes. Chairman Romero and Commissioners Ament, Buffa, Karaki and Ramirez voted yes. Commissioners Agarwal and Faessel were absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, November 5, 2009. DISCUSSION TIME :24minutes (3:45to 4:09) 10/26/09 Page 7of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES ITEM NO. 4 CONDITIONAL USEPERMIT NO. 2009-05448 ANDResolution No. 2009-105 REQUEST FOR DETERMINATION OF PUBLIC Resolution No. 2009-106 CONVENIENCE OR NECESSITY NO. 2009-00063 (Buffa) (DEV2009-00010) Owner:Approved Marcos Khalil 923 North Main Street Orange, CA 92867 VOTE: 4-0 Applicant: Milad OueijanChairman Romero and Western State Engineering, IncCommissioners Ament, Buffa, and 4887 East La Palma Avenue,Suite 707Ramirez voted yes. Anaheim, CA 92807Commissioner Karaki abstained. Commissioners Agarwal and Location:2791 East Lincoln Avenue Faessel were absent. The applicant proposes to expand an existing service station convenience store and requests authorization for the sales of beer and wine for off-site consumption. Environmental Determination: The proposed action is Project Planner: Vanessa Norwood Categorically Exempt from the requirement to prepare vnorwood@anaheim.net 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 October 26, 2009,along with a visual presentation. Chairman Romeroopened the public hearing. Milad Oueijan, representing Western States Engineering, 4887 East La Palma Avenue, Suite 7070, Anaheim,applicant, stated the service station would be open 24 hours a day and the convenience market would be open from 5 a.m. to midnight. Commissioner Ramirez asked staff if the resolution included a condition of approval limiting the hours of operation. Ms. Norwood responded no. Chairman Romero, seeing no other personsindicating to speak, closed the public hearing. Commissioner Ramirez asked about Condition No. 12 and whether any additional action was needed by the Planning Commission. 10/26/09 Page 8of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES Ms. Norwood responded no. Commissioner Buffaoffered a recommendation that the Planning Commission adopt the resolution attached to the October 26, 2009 staff report, determining thataClass 1 Categorical Exemptionis the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2009-05448 and Determination of Public Convenience or Necessity No. 2009-00063. Grace Medina, Senior Secretary announced that the resolution passedwith four yes votes. Chairman Romero and Commissioners Ament, Buffa, and Ramirez voted yes. Commissioner Karaki abstained. Commissioners Agarwal and Faessel were absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, November 5, 2009. DISCUSSION TIME :7minutes (4:09to 4:16) 10/26/09 Page 9of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2009-05456Resolution No. 2009-107 AND VARIANCE NO. 2009-04802 (Ramirez) (DEV2009-00030) Owner:Approved East Lincoln, LLC 1841 Oxley Street South Pasadena, CA 91030 VOTE: 5-0 Applicant: Neal CasperChairman Romero and Casper Development Resources, Inc.Commissioners Ament, Buffa, 5360 Jackson Drive, Suite 114Karakiand Ramirez voted yes. La Mesa, CA 91942Commissioners Agarwal and Faessel were absent. Location:2820 -2830 East Lincoln Avenue The applicant proposes to demolish an existing fast food Project Planner: Vanessa Norwood restaurant and construct a new fast food drive-through vnorwood@anaheim.net restaurant with landscape setbacks that are less than required by code. 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). *A request to permit fewer parking spaces than required by Code was advertised; however, a revised plan was submitted and the number of parking spaces now complies with Code. Vanessa Norwood,Associate Planner, provided a summary of the staff report dated October 26, 2009,along with a visual presentation. Commissioner Buffa referred to thebuilding elevations and asked what the stars symbolized. Ms. Norwood responded that the stars would be a relief on the stucco. Chairman Romero asked if traffic exiting the property could only make a right turn on Lincoln Avenue. David Kennedy, Associate Transportation Planner, responded that vehicles would be able to exit the property by going right or left on to Lincoln Avenue. He stated one of the existing driveways on Lincoln Avenue would be closed and also said there would be a driveway on the Rio Vista side of the property. 10/26/09 Page 10of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES Chairman Romeroopened the public hearing. Neal Casper, 5360 Jackson Drive, Suite 114, La Mesa, California, applicant, stated hehad reviewed the conditions of approval andwas in agreement.He stated that this project would enhance the site by adding a new building and landscape and removing an existing billboard. Commissioner Buffa stated the proposed landscape along the southern property line would enhance the alley and asked why one of the existing trees was being removed. Mr. Casper responded that the removal of the existing tree and planter would provide for greater access on the site for vehicles using the drive-through lane. Chairman Romero, seeing no other personsindicating to speak, closed the public hearing. Commissioner Ramirezoffered a recommendation that the Planning Commission adopt the resolution attached to the October 26, 2009 staff report, determining that a Class 1 Categorical Exemptionis the appropriate environmental documentation for this request andapproving Conditional Use Permit No. 2009-05456 and Variance No. 2009-04802. Grace Medina, Senior Secretary,announced that the resolution passedwith fiveyes votes. Chairman Romero and Commissioners Ament, Buffa, Karaki and Ramirez voted yes. Commissioners Agarwal and Faessel were absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, November 5, 2009. DISCUSSION TIME :7minutes (4:16to 4:23) 10/26/09 Page 11of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES ITEM NO. 6 VARIANCE NO. 2008-04756Resolution No. 2009-108 (DEV2009-00011) (Karaki) Owner: Murlidhar Yadathi Approvedin part, denyingthe 8490 EastFoothill Street variance pertaining to the Anaheim, CA92808 setback requirement for the Applicant:south side of the main Chris West residence and the cabana B.C.I. 19296 Beckonridge Lane Huntington Beach, CA92648 VOTE: 4-1 Location:360 South Peralta Hills Drive Chairman Romero and Commissioners Ament, Buffa and The applicant proposes to reduce the minimum side yard Karakivoted yes. Commissioner setback and exceed the maximum structural height to build Ramirez voted no. a new single-family residence with detached garage, maid’sCommissioners Agarwal and quarters and outdoor cabana.Faessel were absent. Environmental Determination: A Negative Declaration has been prepared to evaluate the potential environmental Project Planner: Kevin Clausen impacts of this project in accordance with the provisions of kclausen@anaheim.net the California Environmental Quality Act (CEQA). Kevin Clausen,Planning Aide, provided a summary of the staff report dated October 26, 2009,along with a visual presentation.He stated the applicant had provided some written material for the Planning Commission and that one letter had been submitted in opposition to the project. Commissioner Buffa asked what the setback was for the existing home on the adjacent property to the south. Mr. Clausen responded that the adjacent home to the south had a 20-foot setback to the property line in compliance with Code requirements. Chairman Romeroopened the public hearing. Chris West,B.C.I., 19296 Beckonridge Lane, Huntington Beach, applicant, stated this property had been subdividedseveral years ago and there had been four different owners. He described the constraints of the property including a difference in grade of 34 feet from the front of the property to the rear, which created a need for retaining walls. He said he had met all of the code requirements except for the items requested as part of this variance. He stated the owner of the property to the west was contemplating constructing a home and that he was working cooperatively with that owner to reduce the amount of import and export of soil for the two properties. He stated the buildings would be far from the street and that he believed other properties in the vicinity had similar deviations 10/26/09 Page 12of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES from the code. He also stated that the code requirements pertaining to the permitted height of buildings limited the ability to have anattic area to installenergy efficient componentsfor the house. Commissioner Ament asked the applicant if the property owners to the west and south of this site supported this project. Mr. West responded that the neighbor to the north owns the property to the west of this site. He believed that the neighbors supported this project, with the exception of the one letter submitted for this hearing. He stated this would be a visually attractive house located more than 200 feet from the street. Chairman Romero, seeing no other personsindicating to speak, closed the public hearing. Commissioner Karaki stated he did not see any grading plans and asked how much import and export was proposed. Raul Garcia, Principal City Engineer, responded that the property to the west would require 6,000 cubic yards of import of certain types of soil. He stated the applicant’s project would export approximately 10,000 cubic yards of soil. He stated that Public Works staff was currently reviewing the grading plans and there was the potential, if the two properties worked together, to reduce the amount of exported soil by 4,000 cubic yards. Commissioner Karaki asked why there would be a lot of dirt movement. Mr. Garcia responded that the plans proposed lowering the site by nine feet.He stated the grade level could be lowered more to reduce the height of the building above the existing grade. Mr. Clausen stated that a variance would still be required, because the code defines height as measured from the lowest floor level, not from the existing grade level. Chairman Romero stated he supported the variance. Commissioner Buffa stated she was comfortable with the setback for the garage building and the cabana building, but not the house because of the adjacent home. She stated that she was concerned about the precedent about encroaching into the setback for the main residence. Commissioner Ramirez stated that since a previous design for the property complied with code requirements, it did not seem like the applicant had made an effort to comply with code. She stated the staff report included some suggestions to redesign the buildings to comply with code. Commissioner Karaki stated he concurred with Commissioner Buffa. He supported the variance for the garage building and the height of the roofline attic area since there would be no windows overlooking neighbors. He also stated he liked the landscaping and hardscape areas. Since the lot was large, he stated he did not support the setback encroachment for the main residence and cabana. Chairman Romero stated he supported the setback encroachment for the garage building, but not the encroachment for the main residence and cabana. 10/26/09 Page 13of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES Commissioner Karakioffered a recommendation that the Planning Commission adopt aresolution determining that a Negative Declarationis the appropriate environmental documentation for this request and approving Variance No. 2008-04756, in part, approving the setback encroachment for the garage building and the higher building height than allowed by code and denying the setback encroachment for the main residence and cabana. Grace Medina, Senior Secretary announced that the resolution passedwith fouryes votesand one no vote. Chairman Romero and Commissioners Ament, Buffa and Karaki voted yes. Commissioner Ramirez voted no. Commissioners Agarwal and Faessel were absent. OPPOSITION: One piece of correspondencewas receivedin opposition to the subject request. Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, November 5, 2009. DISCUSSION TIME :27minutes (4:23to 4:50) 10/26/09 Page 14of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES ITEM NO. 7 RECLASSIFICATION NO. 2009-00231Resolution No. 2009-109 (DEV2009-00028) (Ament) Owner: Cindy Pham Approved 8161 Ingram Circle Westminster, CA 92683 Applicant:VOTE: 5-0 City of Anaheim Planning Department 200 South Anaheim BoulevardChairman Romero and Anaheim, CA 92805Commissioners Ament, Buffa, Karakiand Ramirez voted yes. Location:3203 WestBall Road Commissioners Agarwal and Faessel were absent. This is a City-initiated request to reclassify the property from the (T) Transition zone to the C-G(Commercial- General) zone to permit a wider range of commercial uses in a previously converted residential structure. Environmental Determination: A Negative Declaration has Project Planner: Kevin Clausen been prepared to evaluate the potential environmental kclausen@anaheim.net impacts of this project in accordance with the provisions of the California Environmental Quality Act (CEQA). Kevin Clausen,Planning Aide, provided a summary of the staff report dated October 26, 2009,along with a visual presentation. Chairman Romeroopened the public hearing. Chairman Romero, seeing no one indicating to speak, closed the public hearing. Commissioner Amentoffered a recommendation that the Planning Commission adopt the resolution attached to the October 26, 2009 staff report, determining that a Negative Declarationis the appropriate environmental documentation for this request and approving Reclassification No. 2009- 00231. Grace Medina, Senior Secretary announced that the resolution passedwith five yes votes. Chairman Romero and Commissioners Ament, Buffa, Karaki and Ramirez voted yes. Commissioners Agarwal and Faessel were absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, November 5, 2009. DISCUSSION TIME :5minutes (4:50to 4:55) 10/26/09 Page 15of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES ITEM NO. 8 RECLASSIFICATION NO.2009-00232Resolution to approve the (DEV2009-00051)reclassification (Ramirez) Owner: Larry Cox Failed to pass 11625 Anabel Avenue Garden Grove, CA92843 VOTE: 1-4 Applicant: City of Anaheim Planning DepartmentCommissioner Ramirez voted yes. 200 South Anaheim BoulevardChairman Romero and Anaheim, CA 92805Commissioners Ament, Buffaand Karakivoted no. Commissioners Location:1427 East Lincoln Avenue Agarwal and Faessel were absent. This is a City-initiated request to reclassify the property Motion to deny the reclassification from the (T) Transition zone to the RS-2 (Single Family Residential) zone to permit the future construction of a (Ament/Karaki) single family home. VOTE: 4-1 Environmental Determination: A Negative Declaration Chairman Romero and has been prepared to evaluate the potential Commissioners Ament, Buffa and environmental impacts of this project in accordance Karaki voted yes. Commissioner with the provisions of the California Environmental Ramirez voted no. Commissioners Quality Act (CEQA).Agarwal and Faessel were absent. Project Planner: Kevin Clausen kclausen@anaheim.netz Kevin Clausen,Planning Aide, provided a summary of the staff report dated October 26, 2009,along with a visual presentation. Commissioner Buffa asked if staff had reviewed the owner’s proposed house plans. Mr. Clausen presented two images depicting the plans submitted by the owner to the Building Division. Chairman Romero asked if these plans were realistic. Mr. Clausen responded that the plans submitted by the owner have been reviewed by staff and the plans comply with code requirements. He stated the house would have a 10-foot width. Commissioner Buffa asked for confirmation that if this request were approved and the zoning changed to RS-2, that the house width could increase to 20 feet wide. 10/26/09 Page 16of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES Mr. Clausen stated that was correct. Chairman Romeroopened the public hearing. Paul Kott, 1225 West Lincoln Avenue, stated that he owned the neighboring propertyto the west of this site for 20 years. He asked how the garage on this property would be accessed. He stated the following concerns: thealley adjacent to this property had a history of graffiti problems; he believed thatthisproperty being in theRS-A-43,000 zone and then in theT-Zonewas a mistake;he believed that the RS-A-43,000 zone was intended for properties over 43,000 square feet with agricultural uses and this property had been the road to the cemetery; and, he also did not believe that anyone had contemplated this property being separated from the cemetery. He stated that in 1998, the Planning Commission had denied a reclassification of this property and in 2000, the City Council denied a variance. He asked the Planning Commission to deny any construction on this site or continue this project so the City Attorney could review this item. He stated he had contacted neighboring property owners who had concerns about a 2-story building overlooking single-family homes. He stated that any zoning that allowed construction of a 10-foot wide house was flawed and believed this request should be denied. Chairman Romero, seeing no other personsindicating to speak, closed the public hearing. Commissioner Karaki stated he did not support this reclassification and did not see how a 10-foot wide house could be constructed. Mr. Clausen stated the current zoning allowed construction of ahouse by right. Commissioner Ramirez stated she supported this request. She asked if this action would only change the zone and if house plans would be reviewed by staff for compliance with the code. Mr. Clausen confirmed that this request was only to change the zone. Chairman Romero stated he did not support the reclassification. Commissioner Buffa stated she did not believe a single-family house was an appropriate use of the property, but under the code, the owner could build a house. She asked staff to confirm the number of houses that would be allowed on this property. Mr. Clausen confirmed that only one house could be built on this property. Commissioner Ament stated this issue wasabout reducing setbacks and he did not believe this was the right move to make at this time. Commissioner Ramirezoffered a recommendation that the Planning Commission adopt the resolution attached to the October 26, 2009 staff report, determining that a Negative Declaration is the appropriate environmental documentation for this request and approving Reclassification No. 2009- 00232. 10/26/09 Page 17of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES Grace Medina, Senior Secretary,announced that the resolutionfailed to pass, with oneyes vote and fourno votes.Commissioner Ramirez voted yes. Chairman Romero and Commissioners Ament, Buffa and Karaki voted no. Commissioners Agarwal and Faessel were absent. Commissioner Ament offered a motion, seconded by Commissioner Karaki,that the Planning Commission deny Reclassification No. 2009-00232. Grace Medina, Senior Secretaryannounced that the motion passed withfouryes votesand one no vote.Chairman Romero and Commissioners Ament, Buffa and Karaki voted yesto deny Reclassification No. 2009-00232. Commissioner Ramirez voted no. Commissioners Agarwal and Faessel were absent. OPPOSITION: Onepersonspoke in opposition to the subject request. Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, November 5, 2009. DISCUSSION TIME :20minutes (4:55to 5:15) (A break was takenfrom 5:15-5:24) 10/26/09 Page 18of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES ITEM NO. 9 CONDITIONAL USE PERMIT NO. 3515AResolution No. 2009-111 (DEV2009-00021) (Ament) Ownerand Jerry Smylie Applicant:Approved Anaheim Central Congregation ofJehovah’s Witnesses 2143 West Lincoln Avenue VOTE: 5-0 Anaheim, CA92801 Chairman Romero and Location:2143 West Lincoln Avenue Commissioners Ament, Buffa, Karakiand Ramirez voted yes. The applicant proposes an amendment to a previously-Commissioners Agarwal and approved conditional use permit for an existing church Faessel were absent. facility to delete a condition of approval pertaining to hours of operation. Environmental Determination: The proposed action is Project Planner: David See Categorically Exempt from the requirement to prepare dsee@anaheim.net additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Class 1 (Existing Facilities). *A request to reinstate the permit was advertised, but staff subsequently determined this actionwas not needed. David See,Senior Planner, provided a summary of the staff report dated October 26, 2009,along with a visual presentation.He stated that a revised resolution had been provided to the Planning Commission with changes to the recitals but no changes to the conditions of approval. Chairman Romero asked why this amendment was not approved administratively. Linda Johnson, Principal Planner, responded that at the time this application was submitted, the Code had not been amended to allow this type of request to be approved by staff. Mark Gordon, Assistant City Attorney, stated this application was processed under the previous code since the application was deemed complete before the code amendment had taken place. Chairman Romeroopened the public hearing. Jerry Smylie, Anaheim Central Congregation of Jehovah’s Witnesses, 2143 West Lincoln Avenue, Anaheim, applicant, stated the original permit did not include Saturday afternoon events. In 1994,the church asked forand received approval to change their hours of operation. At that time, they provided staff with certain hours of operation which were included in a condition of approval. He said they would now like to delete that condition to allow the church to have a more flexible schedule. 10/26/09 Page 19of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES Chairman Romero, seeing no other persons indicating to speak, closed the public hearing. Commissioner Amentoffered a recommendation that the Planning Commission adopt the revised resolution presented to the Commission by staff at the October 26, 2009 meeting,determining that a Class 1 Categorical Exemptionis the appropriate environmental documentation for this request and approving Conditional Use Permit No. 3515Ato delete the condition of approval pertaining to the hours of operation. Grace Medina, Senior Secretary,announced that the resolution passedwith fiveyes votes. Chairman Romero and Commissioners Ament, Buffa, Karaki and Ramirez voted yes. Commissioners Agarwal and Faessel were absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, November 5, 2009. DISCUSSION TIME :8minutes (5:24to 5:32) 10/26/09 Page 20of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES ITEM NO. 10 TENTATIVE PARCEL MAP NO. 2009-115Resolution No. 2009-113 (DEV2009-00040) (Romero) Owner: Anaheim Redevelopment Agency Approved 201 SouthAnaheim Blvd. Anaheim, CA92805 Applicant:VOTE: 5-0 Dr. Amit Desai Sadi, LLCChairman Romero and 5939 Monterey RoadCommissioners Ament, Buffa, Los Angeles, CA90042Karaki and Ramirez voted yes. Commissioners Agarwal and Location:2125 South Manchester Avenue Faessel were absent. The applicant proposes to merge four parcels into two parcels to permit the future construction of a 119-unit affordable apartment complex. Environmental Determination: The proposed action is Project Planner: David See Categorically Exempt from the requirement to prepare dsee@anaheim.net additional environmental documentation per California Environmental QualityAct (CEQA) Guidelines, Class 15 (Minor Land Divisions). David See, Senior Planner, provided a summary of the staff report dated October 26, 2009, along with a visual presentation. Chairman Romero asked staff if approval of this map would affect the previous approval of the apartment complex. Mr. See responded that development of the property would be limited to uses allowed in the RM-4 zone. He also stated approval of this map to create two parcels would not affect the previous approval of the apartment complex. Chairman Romero opened the public hearing. Dr. Amit Desai, Sadi, LLC, 5939 Monterey Road, Los Angeles, California, applicant, stated he had reviewed the conditions of approval and was in agreement. Chairman Romero,seeing no other persons indicating to speak, closed the public hearing. Commissioner Karaki stated this was a good project for this area. 10/26/09 Page 21of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES Commissioner Romero offered a recommendation that the Planning Commission adopt the resolution attached to the October 26, 2009 staff report, determining that a Class 15 Categorical Exemption is the appropriate environmental documentation for this request and approving Tentative Parcel Map No. 2009-115. Grace Medina, Senior Secretary,announced that the resolution passedwith five yes votes. Chairman Romero and Commissioners Ament, Buffa, Karaki and Ramirez voted yes. Commissioners Agarwal and Faessel were absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, November 5, 2009. DISCUSSION TIME :5minutes (5:32to 5:37) 10/26/09 Page 22of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES ITEM NO. 11 CONDITIONAL USE PERMIT NO. 2009-05460 AND Resolution No. 2009-115 REQUEST FOR DETERMINATION OF PUBLIC Resolution No. 2009-116 CONVENIENCE OR NECESSITY NO. 2009-00061 (Ament) (DEV2009-00037) Owner:Approvedwith amodification Jerry Kolbly to CUP Condition No. 2 Noble Ale Works pertaining to special events 9911 Irvine Center Drive, Suite150 andaddition ofPCN Condition Irvine, CA92618 No. 11pertaining to security Applicant:requirements RREEF America Reit IIPortfolio, L.P. 1630 South Sunkist Street, SuiteA Anaheim, CA 92806 Location:1621 South Sinclair Street, Unit BVOTE: 5-0 Chairman Romero and The applicant proposes to operate a brewery and tasting Commissioners Ament, Buffa, room with retail sales and on premises consumption of Karaki and Ramirez voted yes. alcoholic beverages in an existing industrial building. Commissioners Agarwal and Faessel were absent. 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 Project Planner: Scott Koehm (Existing Facilities). skoehm@anaheim.net Scott Koehm,Associate Planner, provided a summary of the staff report dated October 26, 2009, along with a visual presentation.Mr. Koehm stated he had provided the Commission with revised draft resolutions to modify Condition No. 2 for the Conditional Use Permit to limit the number of special events to a maximum of four per year consistent with ABC requirements and to add Condition No. 11 in the PCN resolution to add some language from the Police Department regarding security requirements. Commissioner Buffa asked if staff would object to removing the types of special events from Condition No. 2 of the Conditional Use Permit resolution. CJ Amstrup, Planning Services Manager, responded that staff would not object to that change. Chairman Romeroopened the public hearing. Jerry Kolbly,Noble Ale Works, 9911 Irvine Center Drive, Suite 150, applicant, stated he had reviewed the conditions of approval and he was in agreement.He described his previous experience operating a brew pub in the City of Newport Beach. He also describedthe number of breweries operating in the City of San Diego. He stated he believed there was an opportunity for new breweries to be 10/26/09 Page 23of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES established in Orange County and said he was aware of two others in the Cities of Fullerton and Placentia. He believed that the City of Anaheim was a dynamic location and looked forward to opening a brewery in the City. Commissioner Karaki asked the applicant how he would advertise his product. Mr. Kolbly responded that he would advertise at special brewery events in the Southern California area. He said he would add labels to any retail items he sold. The labels would include the name of the business and theCity of Anaheim as the location. Commissioner Karaki asked when the business would open. Mr. Kolbly responded he anticipated opening the business in mid-January and it would take a month after that to put the product in kegs. Chairman Romero, seeing noother persons indicating to speak, closed the public hearing. Commissioner Amentoffered a recommendation that the Planning Commission adopt therevised resolution provided to the Planning Commission by staff atthe October 26, 2009 meeting, determining that a Class 1 Categorical Exemptionis the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2009-05460 with the revision to Condition No. 2 to clarify that a maximum of four special events would be allowed and to remove the types of events from the condition and Request for Determination of Public Convenience or Necessity No. 2009- 00061 with the addition of Condition No. 11 pertaining to security requirements. Grace Medina, Senior Secretary,announced that the resolution passedwith five yes votes. Chairman Romero and Commissioners Ament, Buffa, Karaki and Ramirez voted yes. Commissioners Agarwal and Faessel were absent. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, November 5, 2009. DISCUSSION TIME :8minutes (5:37to 5:45) MEETING ADJOURNED AT 5:46P.M. TO MONDAY, NOVEMBER 9, 2009AT 3:30P.M. 10/26/09 Page 24of 25 OCTOBER 26, 2009 PLANNING COMMISSION MEETING MINUTES Respectfully submitted, Grace Medina Senior Secretary Received and approved by the Planning Commission onNovember 9, 2009. 10/26/09 Page 25of 25