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Minutes-PC 2010/01/04City of Anaheim Planning Commission Minutes Monday,January 4, 2010 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Commissioners Present :Chairman: Panky Romero Peter Agarwal, Todd Ament, Kelly Buffa, Stephen Faessel,Joseph Karaki,Victoria Ramirez Commissioners Absent :None Staff Present : CJ Amstrup, Planning Services ManagerSusan Kim, Senior Planner Aaron Harp, Senior Assistant City AttorneyDella Herrick, Associate Planner Linda Johnson,Principal PlannerRaul Garcia, Principal Civil Engineer Jonathan Borrego, Principal PlannerDavid Kennedy, Associate Transportation Planner Mark Gordon, Assistant City AttorneyGrace Medina, Senior Secretary David See, Senior Planner Agenda Posting: A completecopy of the Planning Commission Agenda was posted at12:30 p.m. onWednesday,December 30, 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, December 24,2009 Call to Order-3:30 p.m. Audience Attendance: 5 Pledge of AllegiancebyCommissioner Ramirez Public Comments Consent Calendar Public Hearing Items Adjournment JANUARY 4, 2010 PLANNING COMMISSION MINUTES Anaheim Planning Commission Agenda -3:30 P.M. Public Comments: None Minutes ITEM NO. 1AMotionto approve minutes (Faessel/Agarwal) Receiving and approving the Minutes from the Planning Approved Commission Meeting of December 7, 2009. VOTE: 6-0 Chairman Romero and Commissioners Agarwal, Ament, Buffa, Faessel andKarakivoted yes. Commissioner Ramirez abstained. 01/04/10 Page 2of 7 JANUARY 4, 2010 PLANNING COMMISSION MINUTES Public Hearing Items: ITEM NO. 2 CONDITIONAL USE PERMIT NO. 3600(DEV2009-00067)Resolution No. 2010-001 (Karaki) Owner: Jack Jakowsky Canyon Plaza LLC nd Approved 503-32Street, Suite 200 Newport Beach, CA 92663 Applicant:VOTE: 7-0 Yves Masquefa Yves BistroChairman Romero and 5753 EastSanta Ana Canyon RoadCommissioners Agarwal, Ament, Anaheim, CA 92807Buffa, Faessel, Karakiand Ramirez voted yes. Location:5753 East Santa Ana Canyon Road The applicant proposes to amend a previously-approved Project Planner: David See conditional use permit by deleting a condition of approval dsee@anaheim.net pertaining to live entertainment and upgrading a beer and wine license to full alcohol for an existing full service restaurant (Yves Bistro). Environmental Determination: The proposed action is Categorically Exemptfrom the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Class 1, Existing Facilities. David See, Senior Planner, provided a summary of the staff report dated January 4, 2010along with a visual presentation. Commissioner Agarwal asked why Condition No. 11 was included in the original conditional use permit. Mr. See responded that the original condition was included because live entertainment was not proposedwhen the conditional use permit was originally approved. At that time, any uses that were not proposed wouldoftentimesbeprohibited by a condition of approval. He said the applicant now wishedto have live entertainment; therefore, Condition No. 11 would need to be deleted in conjunction with this request. Commissioner Agarwal asked if the applicant at that time, categorically, said that they would not have live entertainment. Mr. See said the applicant could confirm that, but it was his understanding that live entertainment was not proposed; therefore, it was placed as a restriction. 01/04/10 Page 3of 7 JANUARY 4, 2010 PLANNING COMMISSION MINUTES Commissioner Agarwal asked if they had placed any additional restrictionson the conditional use permit. Mr. See said staff had prepared a draft resolution with different conditions than the original approval and there were other modifications to conditions to permit full alcoholic beverages, rather than just beer and wine. Chairman Romeroopened the public hearing. Chairman Romero disclosed that he had met with the applicant prior to the Planning Commission meeting. Yves Masquefa, applicant, stated he had reviewed the conditions of approval and he was in agreement. Commissioner Karaki asked if smoking was allowed in the patio. Mr. Masquefa responded that if the restaurant windows to the patio were open, smoking was not allowed. Commissioner Faessel commented that Yves was one of the first restaurants which opened in the downtown area in 1992. Chairman Romero,seeing no other persons indicating to speak, closed the public hearing. Commissioner Karakioffered a recommendation that the Planning Commission adopt the resolution attached to the January 4, 2010staff report, determining that a Categorical Exemptionis the appropriate environmental documentation for this request and approving an amendment to Conditional Use Permit No. 3600. Grace Medina, Senior Secretary announced that the resolution passedwith seven yesvotes. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, January 14, 2010. DISCUSSION TIME :6minutes (3:33to 3:39) 01/04/10 Page 4of 7 JANUARY 4, 2010 PLANNING COMMISSION MINUTES ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2009-05469Resolution No. 2010-002 (DEV2009-00072) (Agarwal) Owner: Kyong Su Kim Approved John K.Management LLC 5557 EastSanta Ana Canyon Road, Suite 201 Anaheim,CA 92807 VOTE: 7-0 Applicant: Joe and Debbie ScottChairman Romero and Scott ConstructionCommissioners Agarwal, 9892 Frederick CircleAment, Buffa, Faessel, Karaki Huntington Beach, CA 92646and Ramirez voted yes. Location:5557 East Santa Ana Canyon Road (Suite 103 ) The applicant proposes to permit veterinary services in an Project Planner: Della Herrick existing commercial center. dherrick@anaheim.net 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. Della Herrick, Associate Planner, provided a summary of the staff report dated January 4,2010along with a visual presentation. Commissioner Faessel asked if any written or verbal communications werereceived from the neighborhood adjacent to the proposed project. Ms. Herrick respondedno. Chairman Romeroopened the public hearing. Debbie Scott, applicant, stated she had reviewed the conditions of approval and she was in agreement.Ms. Scott stated they werethe builders of the animal hospital and representingDr.Lee. She said her companyspecializesin veterinary hospitals and oftentimes placedthem in strip centers such as the proposed project. Over the years, they have developed ways to do thisin a manner that maintains a harmonious relationship with neighboring businesses. Wan Goo Lee, 8531 Meadow Brook Avenue #201, Garden Grove, business owner, stated he was excited to open this hospital. Chairman Romero, seeing no one indicating to speak, closed the public hearing. 01/04/10 Page 5of 7 JANUARY 4, 2010 PLANNING COMMISSION MINUTES Commissioner Agarwaloffered a recommendation that the Planning Commission adopt the resolution attached to the January 4, 2010staff report, determining that a Class 1 Categorical Exemptionis the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2009-05469. Grace Medina, Senior Secretary announced that the resolution passedwith sevenyesvotes. OPPOSITION: None Mark Gordon, Assistant City Attorney, presented the 10-dayappeal rights ending at 5:00 p.m. on Thursday, January 14, 2010. DISCUSSION TIME :5minutes (3:39to 3:44) 01/04/10 Page 6of 7 JANUARY 4, 2010 PLANNING COMMISSION MINUTES ITEM NO. 4 Continued to February 1, 2010 ZONING CODE AMENDMENT NO. 2009-00087* (Buffa/Faessel) (DEV2009-00093) Applicant:Approved City of Anaheim Planning Department Location:Citywide VOTE: 7-0 This is a City-initiated request to add a new Section Chairman Romero and 18.38.135 to Title 18 (Zoning Code) establishing Commissioners Agarwal, Ament, requirements pertaining to a Festival Permit; a new type of Buffa, Faessel, Karaki and permit intended to regulate and coordinate permits for Ramirez voted yes. events or other functions expected to draw a total of thirty- five thousand or more persons at two or more City venues. Environmental Determination: The proposed action is Project Planner: Susan Kim Categorically Exempt from the requirement to prepare skim@anaheim.net additional environmental documentation per Section 21080 of the California Public Resources Code (Statutory Exemption). *Advertisedas Zoning Code Amendment No. 2009-00093 OPPOSITION: None DISCUSSION TIME :No discussion of the proposed amendment occurred as staff recommended that this item be continued. MEETING ADJOURNED AT 3:51P.M. TO MONDAY, FEBRUARY 1, 2010AT 3:30P.M. Respectfully submitted, Grace Medina Senior Secretary Received and approved by the Planning Commission on February 1, 2010. 01/04/10 Page 7of 7